Case Note & Summary
The case pertains to a land acquisition dispute where the appellants, Rambhau Baliram Wandhe and Dhrupadabai Baliram Wandhe, owned agricultural land in village Awar, Tq. Khamgaon, District Buldana. A notification under Section 4 of the Land Acquisition Act, 1894 was issued on 23.6.1990 acquiring land bearing Survey Nos. 11/2, 13/1 and 41 (Gat No.17) admeasuring 0 H 30 R out of 14 H and 84 R. The Land Acquisition Officer by his Award dated 24.8.1992 granted compensation at Rs. 9,845 per acre. Dissatisfied, the appellants preferred a Reference under Section 18 of the Act, being Land Acquisition Case No.61 of 1992, which was decided on 27.11.1995 by the learned Civil Judge (Sr.Dn.), Khamgaon. The compensation was enhanced to Rs. 60,000 per hectare from Rs. 9,845 per acre. The appellants, still aggrieved by the refusal to grant enhanced compensation at Rs. 75,000 per acre, filed the present appeal. The appellants argued that they had produced sale instances from nearby villages (Sutala, Parkhed, Ghatpuri, Januna, Khamgaon) marked as Exhs. 19-22, 33-37, 31, 2, 26-30, and 23, as well as a valuer's report at Exh.83 and a judgment of this Court in First Appeal No.8 of 1994. They contended that the trial court ignored all this evidence. The respondent, State of Maharashtra, supported the trial court's order. The High Court, after hearing both sides, found that the trial court had not considered the sale instances and valuer's report. The court noted that the trial court had not even referred to these documents in its judgment. The High Court held that the trial court was required to consider all evidence on record. Accordingly, the appeal was partly allowed, the impugned judgment was set aside, and the matter was remanded back to the trial court for fresh consideration of the compensation amount, directing the court to consider all evidence including the sale instances and valuer's report. The court also directed that the reference be decided within six months from the date of receipt of the order.
Headnote
A) Land Acquisition - Compensation - Market Value - Sections 4, 18, 23 Land Acquisition Act, 1894 - Enhancement of Compensation - The appellants challenged the trial court's order refusing to grant compensation at Rs. 75,000 per acre, contending that the court ignored sale instances from nearby villages and a valuer's report. The High Court held that the trial court had not considered the evidence properly and remanded the matter for fresh consideration, directing the court to consider all evidence including sale instances and valuer's report. (Paras 1-5)
Issue of Consideration
Whether the trial court erred in ignoring the sale instances and valuer's report produced by the claimants while determining the market value of the acquired land, and whether the compensation should be enhanced to Rs. 75,000 per acre.
Final Decision
Appeal partly allowed. Impugned judgment and order set aside. Matter remanded to the trial court for fresh consideration of compensation amount, directing the court to consider all evidence including sale instances and valuer's report. Reference to be decided within six months.
Law Points
- Land Acquisition
- Compensation
- Market Value
- Sale Instances
- Valuer's Report
- Ignoring Evidence
