Case Note & Summary
The case involves two appeals arising from a land acquisition proceeding for the Masalga Medium Project. The claimant, Dasrao Yadavrao Marure, owned land measuring 4 Hectare 37 R out of Survey No.18 and 35 R out of Survey No.19 at village Ambawadi. The acquisition process began with a Section 4 notification on 5th August 1993, followed by a Section 6 declaration on 1st March 1995. The Special Land Acquisition Officer (SLAO) passed an award on 29th September 1996, granting compensation at Rs.225 per R (Rs.25,000 per hectare). Dissatisfied, the claimant sought a reference under Section 18 of the Act. The Reference Court (Civil Judge, Senior Division, Nilanga) enhanced the compensation to Rs.40,000 per acre for Bagayat land and Rs.27,500 per acre for dry land. Both the claimant and the acquiring body (Godavari Marathwada Irrigation Development Corporation) appealed under Section 54 of the Act. The claimant sought further enhancement, while the acquiring body argued the enhancement was excessive. The High Court heard arguments from Mr. A.B. Kale for the claimant and Mr. S.G. Sangle for the acquiring body. The court examined the evidence, including a sale deed relied upon by the claimant. It found that the sale deed was for a small plot of 12 R and not comparable to the acquired land. The court held that the Reference Court's enhancement was reasonable and did not warrant further increase. The appeals were disposed of with no order as to costs.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Sections 23, 54 Land Acquisition Act, 1894 - The court considered whether the Reference Court correctly enhanced compensation based on sale deed evidence - Held that the Reference Court's reliance on sale deed of similar land was proper, but further enhancement was not warranted as the sale deed was of a small plot and not comparable (Paras 3-5).
Issue of Consideration
Whether the Reference Court's enhancement of compensation for acquired land was justified and whether the claimant is entitled to further enhancement.
Final Decision
Both appeals are dismissed. The judgment and award of the Reference Court are confirmed. No order as to costs.
Law Points
- Land Acquisition
- Compensation Enhancement
- Market Value Determination
- Sale Deed as Evidence
- Section 4 Notification
- Section 6 Declaration
- Section 23 Factors
- Section 54 Appeal
Case Details
2022 LawText (BOM) (04) 31
First Appeal No. 1250 of 2006 and First Appeal No. 1774 of 2008
Mr. A. B. Kale for Appellant (in FA 1250/2006) and for Respondent No.1 (in FA 1774/2008); Mr. S. G. Sangle for Respondent No.2 (in FA 1250/2006) and for Appellants (in FA 1774/2008); Mr. S. N. Morampalle, AGP for Respondent No.1 (in both appeals)
Dasrao s/o Yadavrao Marure (in FA 1250/2006); Godavari Marathwada Irrigation Development Corporation & Anr. (in FA 1774/2008)
State of Maharashtra & Anr. (in FA 1250/2006); Dasrao Yadavrao Marure & Anr. (in FA 1774/2008)
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Nature of Litigation
Appeals under Section 54 of the Land Acquisition Act, 1894 against the judgment and award of the Reference Court in LAR No.138 of 2002.
Remedy Sought
Claimant sought further enhancement of compensation; acquiring body sought reduction of compensation.
Filing Reason
Dissatisfaction with the Reference Court's enhancement of compensation for acquired land.
Previous Decisions
SLAO awarded Rs.225 per R (Rs.25,000 per hectare) on 29th September 1996; Reference Court enhanced to Rs.40,000 per acre for Bagayat land and Rs.27,500 per acre for dry land.
Issues
Whether the Reference Court's enhancement of compensation was justified.
Whether the claimant is entitled to further enhancement based on sale deed evidence.
Submissions/Arguments
Claimant argued that the Reference Court's enhancement was inadequate and sought higher compensation based on a sale deed.
Acquiring body argued that the Reference Court's enhancement was excessive and not supported by evidence.
Ratio Decidendi
The Reference Court's enhancement of compensation based on sale deed evidence was reasonable; however, the sale deed relied upon by the claimant was for a small plot and not comparable, hence no further enhancement is warranted.
Judgment Excerpts
Feeling aggrieved and dissatisfied by the impugned judgment and award passed in LAR No.138 of 2002 by the Reference Court/Civil Judge, Senior Division, Nilanga, the original claimant as well as the acquiring body have preferred the present appeals by taking aid of Section 54 of the Land Acquisition Act, 1894.
The land admeasuring 4 Hectare 37 R out of Survey No.18 and land admeasuring 35 R out of Survey No.19 owned and possessed by the claimant and situated at village Ambawadi came to be acquired by the Government for Masalga Medium Project.
Procedural History
Section 4 notification on 5th August 1993; Section 6 declaration on 1st March 1995; SLAO award on 29th September 1996 at Rs.225 per R; Reference Court enhanced compensation on an unspecified date; both parties appealed under Section 54 to the High Court.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 6, Section 18, Section 23, Section 54
