Case Note & Summary
The case involves two first appeals filed by the Executive Engineer, Minor Irrigation Division, Jalna, against the judgment and award dated 30/06/2018 passed by the Civil Judge, Senior Division, Jalna, in Land Acquisition References. The land of the respondents was acquired for the purpose of 'Khelni Bandhara Project' under Section 4 of the Land Acquisition Act, 1894, vide notification dated 18/10/2006. The Special Land Acquisition Officer awarded compensation at the rate of Rs. 30,000/- per R for the acquired land. Dissatisfied, the respondents sought reference under Section 18 of the Act. The Reference Court enhanced the compensation to Rs. 1,00,000/- per R, relying on a previous award for land acquired from the same village under the same notification, which had fixed the market value at Rs. 1,00,000/- per R. The appellant argued that the Reference Court erred in relying on the previous award without considering the potential value of the land. The High Court dismissed the appeals, holding that the Reference Court had correctly considered the potential value of the land, as the acquired land was situated near a village and had potential for non-agricultural use. The court found no reason to interfere with the well-reasoned award and upheld the compensation at Rs. 1,00,000/- per R.
Headnote
A) Land Acquisition - Compensation - Market Value - Potential Value - The court upheld the Reference Court's determination of market value at Rs. 1,00,000/- per R, considering the potential of the land for non-agricultural use due to its location near a village and the existence of a previous award for similar land at the same rate. Held that the potential value of the land must be considered when determining compensation under Section 23 of the Land Acquisition Act, 1894 (Paras 10-12). B) Land Acquisition - Compensation - Previous Award - The court relied on a previous award for land acquired from the same village under the same notification, which fixed the market value at Rs. 1,00,000/- per R, and found no reason to deviate from that rate. Held that a previous award for similar land under the same acquisition is a relevant factor for determining market value (Paras 10-12).
Issue of Consideration
Whether the Reference Court correctly enhanced the compensation for acquired land by considering the potential value of the land and relying on a previous award for similar land.
Final Decision
Both first appeals are dismissed. The judgment and award dated 30/06/2018 passed by the Reference Court are confirmed. No order as to costs.
Law Points
- Land Acquisition
- Compensation
- Market Value
- Potential Value
- Previous Award
- Section 23 of Land Acquisition Act
- 1894
- Section 4 Notification
- Section 6 Declaration
- Reference Court
- First Appeal
