Case Note & Summary
The appellant, Smt. Kamlabai Wd/o. Ganeshsingh Parihar, was the owner and possessor of land bearing Survey No. 22/2 admeasuring 0.68 HR situated at Mouja Navsari, Tah. and District Amravati. The land was acquired for the construction of Akoli diversion road. On 24/01/2000, land acquisition proceedings were initiated vide L.A. Case No. 102/47/99-2000 Navasari. Notice under Section 6 of the Land Acquisition Act was issued on 28/12/2000, and the award was declared on 28/12/2002. The Municipal Corporation, Amravati awarded an amount of Rs. 6,48,000/- per hector. The claimant, being unsatisfied, filed a Reference under Section 18 of the Land Acquisition Act. The Reference Court (2nd Joint Civil Judge, Sr. Dn., Amravati) awarded an amount of Rs. 8,00,000/- per hector in L.A.C. No. 243/2007. The appellant contended that the Reference Court did not consider the judgment in LAC No. 77/2005, where the same learned Judge awarded Rs. 200 per square meter for adjacent land. The appellant claimed compensation on the ground of parity. The respondents opposed the appeal, arguing that the Reference Court independently recorded reasons. The High Court, after examining the map at Exh. 51, found that the plot from field Survey No. 23 is adjacent to the appellant's plot. The Court held that the Reference Court erred in not considering the judgment in LAC No. 77/2005, which was for the same village and project. The Court allowed the appeal, set aside the impugned judgment, and enhanced the compensation to Rs. 200 per square meter, with all statutory benefits.
Headnote
A) Land Acquisition - Compensation - Enhancement - Parity - Land Acquisition Act, 1894, Section 18 - The appellant sought enhancement of compensation for land acquired for construction of Akoli diversion road, claiming parity with compensation awarded in LAC No. 77/2005 for adjacent land. The High Court held that the Reference Court erred in not considering the judgment in LAC No. 77/2005, which awarded Rs. 200 per square meter for adjacent land, and allowed the appeal, enhancing compensation to Rs. 200 per square meter. (Paras 1-5)
Issue of Consideration
Whether the appellant is entitled to enhancement of compensation on the ground of parity with the compensation awarded for adjacent land in a similar acquisition?
Final Decision
The appeal is allowed. The impugned judgment and order dated 28/12/2002 passed by the 2nd Joint Civil Judge, Sr. Dn., Amravati in L.A.C. No. 243/2007 is set aside. The appellant is entitled to compensation at the rate of Rs. 200 per square meter for the acquired land, along with all statutory benefits.
Law Points
- Land Acquisition
- Compensation
- Parity
- Enhancement
- Reference Court
- Market Value
- Adjacent Land
Case Details
2023 LawText (BOM) (08) 167
First Appeal No. 148 of 2011
Shri P.R. Agrawal for appellant; Ms. T.H. Udeshi, AGP for respondent nos. 1 and 2; Shri J.B. Kasat for respondent no. 3
Smt. Kamlabai Wd/o. Ganeshsingh Parihar
State of Maharashtra, Through Collector, Amravati; Special Land Acquisition Officer, (Zilla Parishad Works) Collectorate Office, Camp, Amravati; Executive Engineer, Municipal Corporation, Amravati
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Nature of Litigation
First Appeal against the judgment of the Reference Court in a land acquisition compensation matter.
Remedy Sought
Enhancement of compensation for land acquired for construction of Akoli diversion road.
Filing Reason
The appellant was dissatisfied with the compensation awarded by the Reference Court and sought enhancement on the ground of parity with compensation awarded for adjacent land in LAC No. 77/2005.
Previous Decisions
The Special Land Acquisition Officer awarded Rs. 6,48,000/- per hector. The Reference Court awarded Rs. 8,00,000/- per hector in L.A.C. No. 243/2007. In LAC No. 77/2005, the same Reference Court awarded Rs. 200 per square meter for adjacent land.
Issues
Whether the appellant is entitled to enhancement of compensation on the ground of parity with the compensation awarded for adjacent land in a similar acquisition?
Submissions/Arguments
Appellant: The Reference Court erred in not considering the judgment in LAC No. 77/2005, which awarded Rs. 200 per square meter for adjacent land. The land is adjacent and for the same project, so parity should apply.
Respondents: The Reference Court independently recorded reasons and the appeal should be dismissed.
Ratio Decidendi
In land acquisition compensation matters, when adjacent land acquired for the same project has been awarded a higher compensation by the same Reference Court, the principle of parity applies, and the claimant is entitled to the same rate of compensation.
Judgment Excerpts
The present appeal is filed by the original claimant for enhancement of compensation.
It is contended that learned Reference Court without considering the judgement passed in similar circumstances, awarded an amount of Rs. 8,00,000/- per hector only in L.A.C. No. 243/2007.
The learned counsel for the appellant has drawn my attention to Annexure ‘B’ i.e. judgment in Reference in LAC No. 77/2005.
As such, the appellant is claiming on the ground of parity to award the same compensation in respect of his plot.
In view of above, the appeal is allowed.
Procedural History
Land acquisition proceedings initiated on 24/01/2000. Notice under Section 6 of the Land Acquisition Act issued on 28/12/2000. Award declared on 28/12/2002. Claimant filed Reference under Section 18. Reference Court awarded Rs. 8,00,000/- per hector in L.A.C. No. 243/2007. Claimant filed First Appeal No. 148 of 2011 before the High Court.
Acts & Sections
- Land Acquisition Act, 1894: Section 6, Section 18
- Town Planning Act: Section 126(4)
