Case Note & Summary
The appellant, Vidarbha Irrigation Development Corporation, filed a first appeal against the award of the reference Court dated 13/11/2009, which enhanced compensation for land acquired for the Khadakpurna Irrigation Project. The land in question comprised 0.18 hectares of Gat No.296 and 3.08 hectares of Gat No.206 in village Mehuna Raja, Tq. Deulgaon Raja, Dist. Buldhana. The Section 4 notification under the Land Acquisition Act, 1894 was issued on 24/10/2001, and the Special Land Acquisition Officer declared an award on 15/6/2005 granting compensation of Rs.69,150 and Rs.83,237 per hectare respectively. Dissatisfied, the claimants (respondents) sought a reference under Section 18, claiming Rs.4,50,000 per hectare. The reference Court awarded enhanced compensation at Rs.1,24,000 and Rs.1,64,000 per hectare. During the appeal hearing, the appellant's counsel drew attention to a judgment of a learned single Judge of this Court in Vidarbha Irrigation Development Corporation v. Kamlaji Balaji Jadhao (2011 (1) Mh.L.J. 231), which dealt with a group of appeals involving the same public purpose and the same Section 4 notification. In that case, the Court had partly allowed the appeals and held that the claimants would be entitled to compensation of Rs.1,00,000 per hectare with attendant statutory benefits. The respondent's counsel did not dispute the applicability of this precedent. Consequently, the High Court partly allowed the appeal, modifying the reference Court's award to grant compensation at a uniform rate of Rs.1,00,000 per hectare with statutory benefits, and ordered no costs.
Headnote
A) Land Acquisition - Compensation Enhancement - Binding Precedent - Land Acquisition Act, 1894, Sections 4, 18 - The appeal challenged the reference Court's award enhancing compensation for land acquired under the same Section 4 notification. The High Court, following its earlier judgment in Vidarbha Irrigation Development Corporation v. Kamlaji Balaji Jadhao (2011 (1) Mh.L.J. 231), held that the claimants are entitled to compensation at a uniform rate of Rs.1,00,000 per hectare with statutory benefits, modifying the reference Court's award accordingly. (Paras 1-4)
Issue of Consideration
Whether the enhanced compensation awarded by the reference Court at Rs.1,24,000 and Rs.1,64,000 per hectare should be reduced in light of a binding precedent for the same acquisition notification.
Final Decision
First appeal partly allowed. The award of the reference Court is modified: claimants are entitled to enhanced compensation at the rate of Rs.1,00,000 per hectare with attendant statutory benefits under the Land Acquisition Act. No order as to costs.
Law Points
- Land acquisition compensation
- enhancement of compensation
- binding precedent
- same notification
- same project
Case Details
2011 LawText (BOM) (01) 79
Mr. A.B. Patil for appellant, Mr. N.B. Kalwaghe for respondent no.1, Mr. Kadu, A.G.P. for respondent nos.2 and 3
Vidarbha Irrigation Development Corporation, through its Executive Engineer, Khaperkheda Project, Tq. Deulgaon Raja, Dist. Buldhana
1. Gajanan S/o Dashrath Bondre, 2. The State of Maharashtra, through the Collector, Buldhana, 3. The Special Land Acquisition Officer, Khaperkheda Project, Buldhana
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Nature of Litigation
First appeal against award of reference Court enhancing compensation for land acquisition.
Remedy Sought
Appellant sought reduction of enhanced compensation awarded by reference Court.
Filing Reason
Appellant challenged the reference Court's award dated 13/11/2009 enhancing compensation to Rs.1,24,000 and Rs.1,64,000 per hectare.
Previous Decisions
Special Land Acquisition Officer awarded Rs.69,150 and Rs.83,237 per hectare on 15/6/2005; reference Court enhanced to Rs.1,24,000 and Rs.1,64,000 per hectare on 13/11/2009.
Issues
Whether the enhanced compensation awarded by the reference Court should be reduced in light of a binding precedent for the same acquisition notification.
Submissions/Arguments
Appellant argued that the matter is covered by the judgment in Vidarbha Irrigation Development Corporation v. Kamlaji Balaji Jadhao (2011 (1) Mh.L.J. 231), which fixed compensation at Rs.1,00,000 per hectare for the same notification.
Respondent's counsel did not dispute the applicability of the said judgment and fairly stated that the matter would be covered by it.
Ratio Decidendi
Where a binding precedent exists for the same Section 4 notification and same public purpose, the compensation rate fixed in that precedent must be applied uniformly to all claimants under that notification, overriding the reference Court's enhancement.
Judgment Excerpts
The learned counsel for the appellant drew my attention to the judgment of a learned single Judge of this Court reported in 2011 (1) Mh.L.J. 231 (Vidarbha Irrigation Development Corporation, Deulgaon Raja V/s. Kamlaji Balaji Jadhao and others).
The learned counsel appearing for the claimants Shri Kalwaghe does not dispute the applicability of the said judgment and in fact fairly states that the matter would be covered by the said judgment.
In my view, therefore, the above First Appeal would have to be partly allowed and resultantly the claimants i.e. respondents herein would be entitled to enhanced compensation at the rate of Rs.1,00,000 per hectare with attendant statutory benefits.
Procedural History
Section 4 notification issued on 24/10/2001; Special Land Acquisition Officer declared award on 15/6/2005 granting Rs.69,150 and Rs.83,237 per hectare; claimants sought reference under Section 18; reference Court enhanced compensation to Rs.1,24,000 and Rs.1,64,000 per hectare on 13/11/2009; appellant filed First Appeal No.666/2010; High Court partly allowed appeal on 12/01/2011.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 18
