Case Note & Summary
The case involves two appeals arising from a land acquisition matter. The claimant, Suresh Govinda Kalwaghe, owned 1 hectare of land in Gat No. 388, which was acquired by the Maharashtra Jivan Pradhikaran for a Water Supply Scheme. The notification under Section 4 of the Land Acquisition Act was issued on 05/07/2004, and the award was passed on 24/08/2005. The Referral Court (Joint Civil Judge Senior Division, Buldhana) in Land Acquisition Case No. 8/2007 partly allowed the claimant's claim and awarded total compensation of Rs.2,12,500 at the rate of Rs.3,61,000 per hectare. The claimant filed First Appeal No. 887/2011 seeking enhancement, while the Acquiring Body filed First Appeal No. 852/2011 challenging the enhanced compensation. The court heard both parties and considered the record and judgments relied upon. The court noted that the appeal against respondent No.2 (Maharashtra Jivan Pradhikaran) was dismissed earlier. The court upheld the rate determined by the Referral Court, finding it just and proper based on the sale deed of similar land. The claimant's appeal was partly allowed, and the Acquiring Body's appeal was dismissed.
Headnote
A) Land Acquisition - Compensation - Market Value - Determination - The court considered the market value of acquired land based on a sale deed of similar land in the vicinity, and upheld the rate of Rs.3,61,000 per hectare awarded by the Referral Court, rejecting the Acquiring Body's challenge. (Paras 2-4)
Issue of Consideration
Whether the compensation awarded by the Referral Court for acquisition of land is just and proper, and whether the claimant is entitled to enhancement.
Final Decision
First Appeal No. 887/2011 (claimant) is partly allowed; First Appeal No. 852/2011 (Acquiring Body) is dismissed. The compensation awarded by the Referral Court is upheld.
Law Points
- Land Acquisition
- Compensation
- Market Value
- Sale Deed
- Enhancement
Case Details
2023 LawText (BOM) (06) 166
First Appeal No. 887 of 2011 and First Appeal No. 852 of 2011
Suresh S/o Govinda Kalwaghe (in FA 887/2011); Executive Engineer, Maharashtra Jivan Pradhikaran (in FA 852/2011)
State of Maharashtra and Maharashtra Jivan Pradhikaran (in FA 887/2011); Suresh Govinda Kalwaghe and State of Maharashtra (in FA 852/2011)
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Nature of Litigation
Civil appeals against judgment and award in land acquisition compensation case.
Remedy Sought
Claimant sought enhancement of compensation; Acquiring Body sought reduction of compensation.
Filing Reason
Dissatisfaction with the compensation awarded by the Referral Court.
Previous Decisions
Referral Court partly allowed the claim and awarded Rs.2,12,500 at Rs.3,61,000 per hectare.
Issues
Whether the compensation awarded by the Referral Court is just and proper?
Whether the claimant is entitled to enhancement of compensation?
Submissions/Arguments
Claimant argued that compensation is inadequate and should be enhanced.
Acquiring Body argued that the enhanced compensation is excessive.
Ratio Decidendi
The market value of acquired land should be determined based on sale deeds of similar land in the vicinity. The rate of Rs.3,61,000 per hectare was just and proper.
Judgment Excerpts
First appeal No. 887/2011 is filed by original claimant for enhancement of compensation and First Appeal No. 852/2011 is filed by Acquiring Body challenging the order passed by Referal Court enhancing the amount of compensation.
The Referal Court partly allowed the claim of appellant/claimant and awarded total amount of Rs.2,12,500/- at the rate of Rs.3,61,000/- per hectare.
Procedural History
Notification under Section 4 of Land Acquisition Act issued on 05/07/2004. Award passed on 24/08/2005. Claimant filed Land Acquisition Case No. 8/2007 before Joint Civil Judge Senior Division, Buldhana, which partly allowed the claim on 30/11/2010. Both parties filed appeals before the High Court.
Acts & Sections
- Land Acquisition Act, 1894: Section 4
