Case Note & Summary
The case pertains to an appeal filed by the claimants (legal heirs of Bakshi Kanhu Rathod) against the judgment and order dated 18.3.1996 passed by the Civil Judge (Sr.Dn.), Khamgaon in Land Acquisition Case No.29 of 1989. The dispute arose from the acquisition of land bearing Survey No.10/2, area 85 acres, situated at Pimpri Dhangar, Taluka Khamgaon, District Buldhana, for which a notification was issued under the Land Acquisition Act, 1894. The Special Land Acquisition Officer determined compensation at Rs.34,884 per acre by his Award dated 20.4.1988. Dissatisfied, the claimants filed a Reference under Section 18 of the Act, claiming enhanced compensation at Rs.1,00,000 per hectare. The Reference Court enhanced the compensation to Rs.68,320 per acre based on a sale instance dated 10.5.1979 in respect of Survey No.13/3-A of the same village, sold at Rs.16,129 per acre. The claimants appealed, arguing that the Reference Court failed to consider the potential for development and higher potential value of the land. The High Court, after hearing arguments, held that the Reference Court's reliance on a single sale instance without considering the potential for development was inadequate. The court allowed the appeal in part, enhancing the compensation to Rs.1,00,000 per hectare, and directed the respondent to pay the enhanced amount with statutory benefits.
Headnote
A) Land Acquisition - Compensation Determination - Section 18, Land Acquisition Act, 1894 - Reference Court enhanced compensation from Rs.34,884 to Rs.68,320 per acre based on sale instance of 1979 - Appellant claimed Rs.1,00,000 per hectare - Held that the Reference Court's reliance on a single sale instance without considering the potential for development and higher potential value was inadequate (Paras 2-4).
Issue of Consideration
Whether the Reference Court erred in not granting enhanced compensation at the rate of Rs. 1,00,000 per hectare for the acquired land based on sale instances and potential for development.
Final Decision
Appeal allowed in part. Compensation enhanced to Rs.1,00,000 per hectare. Respondent to pay enhanced amount with statutory benefits.
Law Points
- Land Acquisition Act
- 1894
- Section 18
- Section 23
- Compensation Determination
- Sale Instances
- Potential Value
