Case Note & Summary
The appellant, Noormohammad Jamal Munlas, was the original plaintiff in a land acquisition matter concerning his irrigated land acquired for the Arunawati Project in Digras, Yavatmal. The Special Land Acquisition Officer awarded compensation at Rs.80,000 per hectare. Dissatisfied, the appellant filed First Appeal No.583/1994 seeking enhancement. Meanwhile, the State of Maharashtra also appealed against the same award in First Appeal No.468/1994, contending that the compensation was excessive. The State's appeal was decided along with a batch of first appeals by a common judgment dated 5.8.2009, wherein this Court held that the appellant was entitled to compensation only at Rs.70,000 per hectare. Consequently, the present appeal by the landowner was dismissed with no order as to costs, following the reasoning in the earlier judgment.
Headnote
A) Land Acquisition - Compensation - Market Value - Land Acquisition Act, 1894 - The appellant sought enhancement of compensation from Rs.80,000 to a higher rate per hectare for irrigated land acquired for the Arunawati Project. The State had already appealed against the same award, and this Court in First Appeal No.468/1994 and connected appeals held that the appellant was entitled only to Rs.70,000 per hectare. Following that judgment, the present appeal was dismissed. (Paras 2-5)
Issue of Consideration
Whether the appellant is entitled to compensation at Rs.80,000 per hectare for irrigated land acquired under the Land Acquisition Act, 1894, or at the reduced rate of Rs.70,000 per hectare as determined in the State's appeal.
Final Decision
The appeal is dismissed with no order as to costs, following the judgment dated 5.8.2009 in First Appeal No.468/1994 which held that the appellant is entitled to compensation at Rs.70,000 per hectare.
Law Points
- Compensation for land acquisition
- market value determination
- binding effect of earlier judgment in connected appeal
Case Details
2010 LawText (BOM) (03) 171
Shri D.G. Patil for appellant, Shri A.M. Deshpande AGP for respondents
Noormohammad Jamal Munlas
The State of Maharashtra, The Collector Yavatmal, The Special Land Acquisition Officer Benefited Zone Arunawati Project Digras
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Nature of Litigation
First appeal against award of compensation in land acquisition matter.
Remedy Sought
Appellant sought enhancement of compensation for acquired irrigated land.
Filing Reason
Appellant was dissatisfied with the compensation awarded by the Special Land Acquisition Officer.
Previous Decisions
The State's appeal (First Appeal No.468/1994) was decided on 5.8.2009, reducing compensation to Rs.70,000 per hectare.
Issues
Whether the appellant is entitled to compensation at a rate higher than Rs.80,000 per hectare for irrigated land.
Submissions/Arguments
Appellant argued for higher compensation.
State argued that compensation at Rs.80,000 per hectare was excessive.
Ratio Decidendi
Where the State's appeal against the same award has been allowed and compensation reduced, the landowner's appeal for enhancement must be dismissed in light of the binding decision in the connected appeal.
Judgment Excerpts
This court has allowed the State appeal and held that the appellant herein was entitled to grant of compensation only @ Rs.70000/ per hectare.
Hence for the reasons stated in the judgment in the batch of first appeals and the judgment dated 5.8.2009 in First Appeal No.468/1993, the present appeal is dismissed with no order as to costs.
Procedural History
The Special Land Acquisition Officer awarded compensation at Rs.80,000 per hectare. The appellant filed First Appeal No.583/1994 for enhancement. The State filed First Appeal No.468/1994 against the same award, which was decided on 5.8.2009 reducing compensation to Rs.70,000 per hectare. The present appeal was heard and dismissed on 17.3.2010.
Acts & Sections
- Land Acquisition Act, 1894:
