Case Note & Summary
The Agricultural Produce Market Committee, Jalna, filed two appeals against judgments and awards dated 30.12.1991 passed by the Joint Civil Judge, Senior Division, Jalna, in Land Acquisition Reference Nos.52/1989 and 53/1989. The lands belonging to the claimants were acquired by the State Government for establishment of a Market Yard at Jalna city. The notification for acquisition was issued on 14.07.1984, and the Land Acquisition Officer passed an award on 10.07.1986, fixing the market price at Rs.21,000 per hectare. Dissatisfied, the claimants sought references to the Civil Court for proper determination of market value. The Reference Court, after considering evidence and objections, partly allowed the references and enhanced the market value to Rs.40,000 per hectare, also granting benefits under the amended Land Acquisition Act. The acquiring body appealed against this enhancement. The High Court heard arguments from both sides. The court noted that the Reference Court had considered sale instances and the potential for development of the land for the Market Yard. The High Court found no error in the Reference Court's determination and dismissed both appeals, upholding the enhanced compensation.
Headnote
A) Land Acquisition - Market Value Determination - Section 23 of Land Acquisition Act, 1894 - Enhancement of Compensation - The acquiring body challenged the enhancement of market value from Rs.21,000 to Rs.40,000 per hectare by the Reference Court. The High Court upheld the enhancement, noting that the Reference Court had considered sale instances and the potential for development of the land for establishment of a Market Yard. Held that the determination of market value was just and proper (Paras 1-4).
Issue of Consideration
Whether the Reference Court was justified in enhancing the market value of the acquired land from Rs.21,000 per hectare to Rs.40,000 per hectare.
Final Decision
Both First Appeals are dismissed. The judgments and awards passed by the Reference Court are confirmed.
Law Points
- Land Acquisition Act
- 1894
- Section 23
- Market Value Determination
- Sale Instances
- Potential for Development
- Enhancement of Compensation
Case Details
2010 LawText (BOM) (01) 182
First Appeal No.100 of 1996 and First Appeal No.101 of 1996
Mr.A.H.Kasliwal for appellant, Mr.B.V.Wagh for Respondents No.1 & 2, Mr.P.F.Patni for Respondents No.3 & 4 (in FA 100/1996) and for Respondent No.3 (in FA 101/1996)
Agricultural Produce Market Committee, through Secretary, Jalna, Shri Kantrao Mohanrao Dawkar
1 The State of Maharashtra, through Collector, Jalna; 2 The Collector, Jalna; 3 Shivkumar s/o Rajaram Shilewar; 4 Narsing s/o Rajanna Shilewar (in FA 100/1996); 3 Bhikulal s/o Deviram (in FA 101/1996)
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Nature of Litigation
Appeals against enhancement of compensation in land acquisition references.
Remedy Sought
The acquiring body sought to set aside the enhancement of market value granted by the Reference Court.
Filing Reason
The acquiring body was aggrieved by the Reference Court's enhancement of market value from Rs.21,000 to Rs.40,000 per hectare.
Previous Decisions
The Land Acquisition Officer awarded Rs.21,000 per hectare; the Reference Court enhanced it to Rs.40,000 per hectare.
Issues
Whether the Reference Court was justified in enhancing the market value of the acquired land from Rs.21,000 per hectare to Rs.40,000 per hectare.
Submissions/Arguments
Appellant argued that the enhancement was excessive and not justified by evidence.
Respondents supported the Reference Court's decision, citing sale instances and potential for development.
Ratio Decidendi
The Reference Court's determination of market value at Rs.40,000 per hectare was based on proper consideration of sale instances and the potential for development of the land for the Market Yard, and thus no interference was warranted.
Judgment Excerpts
The acquiring body – Agricultural Produce Market Committee has presented both these appeals raising exception to two separate judgments and awards passed on 30.12.1991 by Joint Civil Judge, Senior Division, Jalna in Land Acquisition Reference Nos.52/1989 and 53/1989.
The Reference Court, while allowing Reference Applications partly, fixed market value of acquired property at the rate of Rs.40,000/ per hectare.
Procedural History
Notification for acquisition issued on 14.07.1984; Land Acquisition Officer passed award on 10.07.1986 at Rs.21,000 per hectare; Claimants sought references; Reference Court enhanced compensation to Rs.40,000 per hectare on 30.12.1991; Acquiring body filed First Appeals in 1996; High Court dismissed appeals on 08.01.2010.
Acts & Sections
- Land Acquisition Act, 1894: Section 23
