Case Note & Summary
The case involves a first appeal by the original landowner (now represented by legal heirs) against the judgment and award dated 14.11.1994 passed by the Joint Civil Judge, Senior Division, Buldhana in L.A.C. No.51/1990. The agricultural land of Gat No.20, admeasuring 2 Hectares 63 R, along with a constructed well and trees, situated in village Mahimal, tahsil Chikhli, district Buldhana, was acquired for constructing a percolation dam. The Land Acquisition Officer awarded compensation of Rs.24,934 at the rate of Rs.11,000 per hectare and Rs.10,990 for the well. Aggrieved, the appellant sought a reference, which was dismissed on the ground that no case for enhancement was made out. In the connected matter, First Appeal No.120/1995, decided on 22.7.2011, arising out of L.A.C. No.49/1990, this Court had allowed the appeal and enhanced compensation to Rs.21,400 per hectare with all statutory benefits. The appellant's counsel argued for similar enhancement. The Court, to maintain consistency, partly allowed the appeal, set aside the impugned award, and granted compensation at Rs.21,400 per hectare with a 10% annual increase, resulting in Rs.25,680 per hectare, totaling Rs.67,538 for the area. The appellant was also awarded additional amounts under Section 23(1A) (12% per annum from Section 4 notification till award or possession), solatium at 30% under Section 23(2), and interest at 9% per annum for the first year and 15% per annum thereafter, all on the enhanced compensation.
Headnote
A) Land Acquisition - Compensation Enhancement - Consistency in Judicial Decisions - Land Acquisition Act, 1894, Sections 23(1A), 23(2) - The appellant sought enhancement of compensation for acquired land, relying on a connected appeal where compensation was fixed at Rs.21,400 per hectare. The Court held that for consistency, similar relief must be granted, and enhanced compensation to Rs.21,400 per hectare with 10% annual increase, solatium, and interest as per the Act. (Paras 1-3)
Issue of Consideration
Whether the appellant is entitled to enhanced compensation for acquired agricultural land at the same rate as awarded in a connected appeal involving similar land acquisition.
Final Decision
First Appeal No.116/1995 is partly allowed with proportionate costs. The impugned judgment and award dated 14.11.1994 in L.A.C. No.51/1990 is set aside. The appellant is granted compensation at Rs.21,400 per hectare with 10% annual increase, resulting in Rs.25,680 per hectare, totaling Rs.67,538 for 2 H.63 R. The appellant is also awarded amount under Section 23(1A) at 12% per annum from Section 4 notification till award or possession, solatium at 30% under Section 23(2), and interest at 9% per annum for the first year and 15% per annum thereafter on the enhanced compensation.
Law Points
- Land acquisition compensation enhancement
- consistency in judicial decisions
- market value determination
- statutory benefits under Land Acquisition Act
