Case Note & Summary
The appellant, Shrikrishna Kashiram Lokhandkar, owned land bearing Gat No.13 admeasuring 1 H 60 acres in Awar, Tah. Khamgaon, District Buldana. A notification under Section 4 of the Land Acquisition Act, 1894 was issued on 5.7.1990 for acquisition of the land for a Minor Irrigation Tank. The Land Acquisition Officer passed an award on 24.8.1992 granting compensation at Rs.9,845/- per acre. Dissatisfied, the appellant sought a reference under Section 18 of the Act, which was decided by the Civil Judge (Sr.Dn.), Khamgaon on 22.11.1995 in Land Acquisition Case No.58 of 1992. The Reference Court enhanced compensation to Rs.60,000/- per hectare. The appellant appealed to the High Court, seeking further enhancement to Rs.75,000/- per hectare. The appellant argued that the Reference Court ignored sale instances from villages Sutala, Parkhed, Ghatpuri, Januna, and Khamgaon (Exhs.20-22, 34-38, 32-33, 27-31, 24), a valuer's report (Exh.83), and a judgment of this Court in First Appeal No.8 of 1984. The respondent State supported the Reference Court's findings. The High Court, per R. K. Deshpande, J., held that the Reference Court had not properly considered the sale instances and the previous judgment, which indicated a market value of Rs.75,000 per hectare. The Court partly allowed the appeal, enhancing compensation to Rs.75,000 per hectare, with proportionate costs and interest as per the Act.
Headnote
A) Land Acquisition - Compensation - Market Value - Determination - Sections 4, 18, 23 Land Acquisition Act, 1894 - The appellant sought enhancement of compensation from Rs.60,000 per hectare to Rs.75,000 per hectare for land acquired for a Minor Irrigation Tank. The High Court, relying on sale instances from neighbouring villages and a previous judgment of the same Court, held that the Reference Court had ignored relevant evidence and that the market value should be fixed at Rs.75,000 per hectare. The appeal was partly allowed. (Paras 1-6)
Issue of Consideration
Whether the Reference Court erred in not granting compensation at the rate of Rs.75,000/- per hectare for the acquired land based on the sale instances and other evidence on record.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.60,000 per hectare to Rs.75,000 per hectare. Proportionate costs and interest as per the Land Acquisition Act, 1894.
Law Points
- Land acquisition compensation
- market value determination
- reliance on sale instances
- previous judgments as evidence
- enhancement of compensation
