Case Note & Summary
The appeal arose from a land acquisition proceeding where the State acquired 31 hectares 20 ares of land from Gat No.112 (P) at village Waghadu for construction of a percolation tank. A notification under Section 4 of the Land Acquisition Act, 1894 was issued on 04.02.1982, and the award was declared on 31.10.1983. The claimants, dissatisfied with the compensation determined by the Land Acquisition Officer, sought a reference claiming enhanced compensation at Rs.55,000/- per hectare. The Reference Court allowed the claim in full, awarding compensation at the claimed rate. The State appealed, arguing that the compensation was excessive. The High Court observed that the claimants had already been granted the entire amount they sought, and the evidence, including the testimony of PW-2 Hiraman who purchased 81 ares of land for Rs.44,000/- on 03.06.1981, supported the market value determined. The court found no substance in the appeal and dismissed it, with no order as to costs.
Headnote
A) Land Acquisition - Compensation - Market Value - Section 23, Land Acquisition Act, 1894 - Sale Instance - The Reference Court relied on a sale instance of 81 ares for Rs.44,000/- dated 03.06.1981, prior to the Section 4 notification dated 04.02.1982, to determine market value at Rs.55,000/- per hectare. The High Court held that since the claimants' claim was allowed in full and the evidence supported the market value, no interference was warranted. (Paras 1-4)
Issue of Consideration
Whether the appeal against the Reference Court's award granting enhanced compensation at the rate claimed by the claimants is maintainable when the claim was allowed in totality.
Final Decision
Appeal dismissed. No order as to costs.
Law Points
- Land acquisition compensation
- market value determination
- sale instance prior to notification
- no interference when claim fully allowed
Case Details
2010 LawText (BOM) (01) 206
First Appeal No.609 of 1993
Mr. Pradeep R. Patil for appellants, Mr. B.V. Wagh, A.G.P. for Respondent-State
Shamrao Bhika Patil (deceased) through legal representatives
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Nature of Litigation
Appeal against award of Reference Court granting enhanced compensation in land acquisition matter.
Remedy Sought
Appellants (original claimants) sought dismissal of appeal by State; State sought reduction of compensation.
Filing Reason
State appealed against Reference Court's award granting compensation at Rs.55,000/- per hectare.
Previous Decisions
Land Acquisition Officer awarded compensation; Reference Court enhanced it to Rs.55,000/- per hectare.
Issues
Whether the appeal is maintainable when the claimants' claim was allowed in full.
Whether the market value determined by Reference Court is justified.
Submissions/Arguments
Appellants argued that the claim was allowed in totality and no interference is called for.
Respondent-State opposed the enhancement, contending compensation was adequate.
Ratio Decidendi
When the claimants' claim for enhanced compensation is allowed in full by the Reference Court, and the evidence supports the market value determined, there is no ground for interference in appeal by the State.
Judgment Excerpts
In fact the claim raised by claimants before the Reference Court has been allowed in totality and as such there was no occasion for appellants to present instant appeal.
The claim raised before Reference Court has totally met and claimant has been awarded compensation at the rate claimed by him.
In this view of the matter, no interference is called for in the award passed by the Reference Court. The Appeal is devoid of substance.
Procedural History
Land acquisition notification under Section 4 on 04.02.1982; award declared on 31.10.1983; claimants sought reference; Reference Court allowed claim at Rs.55,000/- per hectare; State filed First Appeal No.609 of 1993 before Bombay High Court.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 23
