Case Note & Summary
The State of Maharashtra filed an appeal under the Land Acquisition Act challenging the judgment and order dated 22.11.1995 passed by the Civil Judge (Sr.Dn.), Khamgaon in Land Acquisition Case No.58 of 1992. The Reference Court had enhanced the compensation for acquisition of land from Rs.9,845/- to Rs.60,000/- per hectare. The respondent/claimant, Shrikrishna Kashimra Lokhandkar, had also filed a separate appeal (First Appeal No.289 of 1996) seeking further enhancement to Rs.75,000/- per hectare, which was decided on 6.1.2010, rejecting the claim for enhancement but remanding the matter for deciding interest under Sections 17 and 28 of the Land Acquisition Act. In the present appeal, the State contended that there was no evidence on record to justify the enhancement. However, the High Court noted that the Reference Court had considered a prior judgment of this Court in First Appeal No.8 of 1984 concerning land at Vihirgaon, which had fixed market value at Rs.50,000/- per hectare, along with oral and documentary evidence and sale instances. The High Court found that the learned Assistant Government Pleader could not point out any infirmity in the finding. Consequently, the appeal was dismissed with no order as to costs.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Land Acquisition Act, 1894 - The State appealed against enhancement of compensation from Rs.9,845/- to Rs.60,000/- per hectare. The Reference Court relied on a prior judgment of the High Court in First Appeal No.8 of 1984 regarding land at Vihirgaon, along with oral and documentary evidence and sale instances. The High Court found no infirmity in the finding and dismissed the appeal. Held that the Reference Court's determination was based on proper consideration of evidence and comparable judgments (Paras 2-4).
Issue of Consideration
Whether the Reference Court erred in granting enhancement of compensation from Rs.9,845/- to Rs.60,000/- per hectare without sufficient evidence on record.
Final Decision
Appeal dismissed with no order as to costs.
Law Points
- Land acquisition compensation
- enhancement of compensation
- market value determination
- reliance on comparable judgments
- evidence on record
