Case Note & Summary
The State of Maharashtra, through the Collector of Wardha, filed an appeal against the judgment and award dated 20 July 1991 passed by the Civil Judge, Senior Division, Wardha in L.A.C. No.1/1986. The dispute arose from the acquisition of lands situated at village Masod, tahsil and district Wardha, for the construction of the Dham Irrigation Project. Notifications under the Land Acquisition Act were issued on 12 February 1976 and 15 July 1976. The Special Land Acquisition Officer conducted an inquiry under Section 11 of the Act and declared an award. Dissatisfied with the compensation amount, the land owners sought a reference under Section 18 for enhanced compensation. The State opposed the reference, contending that the compensation awarded was just and adequate. The Reference Court framed issues and, after considering oral and documentary evidence, fixed the value of the land at Rs.1 per square foot. Aggrieved by this award, the State preferred the present appeal. The legal issue before the High Court was whether the Reference Court's determination of compensation at Rs.1 per sq.ft. was supported by the evidence on record. The State argued that the Reference Court ought to have distinguished between the lands covered under sale deed Exhibit 51 and the acquired lands, and that there was no evidence to show that the acquired lands had non-agricultural potential. The respondents supported the award. The High Court, after hearing both sides, found that the Reference Court had not properly appreciated the evidence and had failed to consider the lack of non-agricultural potential of the acquired lands. The Court held that the award was not supported by material on record and set aside the judgment and award, remanding the matter to the Reference Court for fresh determination of compensation in accordance with law.
Headnote
A) Land Acquisition - Compensation - Determination of Market Value - Land Acquisition Act, 1894, Sections 11 and 18 - The State appealed against the Reference Court's award of Rs.1 per sq.ft. for agricultural land acquired for Dham Irrigation Project - The High Court held that the Reference Court erred in relying on a sale deed (Exhibit 51) without establishing that the acquired land had non-agricultural potential - The appeal was partly allowed, and the matter was remanded for fresh determination (Paras 1-6).
Issue of Consideration
Whether the Reference Court's award of compensation at Rs.1 per sq.ft. for agricultural land acquired for an irrigation project was justified based on the evidence on record.
Final Decision
Appeal partly allowed. The judgment and award dated 20.7.1991 passed by the Civil Judge, Senior Division, Wardha in L.A.C. No.1/1986 is set aside. The matter is remanded to the Reference Court for fresh determination of compensation in accordance with law.
Law Points
- Land Acquisition Act
- 1894
- Section 11
- Section 18
- compensation determination
- potential of land
- sale deed comparison
Case Details
2012 LawText (BOM) (09) 119
First Appeal No.82 of 1992
S.M. Bhagde (AGP for appellant), M.M. Agnihotri (for R1(a) to R1(e))
State of Maharashtra, through Collector, Wardha
Bijendra Prasad s/o Trimak Prasad Pande (since deceased, through L.Rs. Smt. Madhuridevi wd/o Bijendraprasad Pande, Jitendramohan Pande, Satyendramohan Pande, Sau Kirti Pramod Mishra, Sau. Jyothi Kulbhushan Mishra) and Irendraprasad Trimbakprasad Pande
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Nature of Litigation
Appeal against judgment and award of Reference Court in land acquisition compensation matter.
Remedy Sought
State sought setting aside of the Reference Court's award granting compensation at Rs.1 per sq.ft.
Filing Reason
State aggrieved by the enhanced compensation awarded by the Reference Court.
Previous Decisions
Special Land Acquisition Officer declared award under Section 11; Reference Court enhanced compensation to Rs.1 per sq.ft.
Issues
Whether the Reference Court's award of compensation at Rs.1 per sq.ft. was supported by evidence on record.
Whether the Reference Court erred in not distinguishing between the lands covered under sale deed Exhibit 51 and the acquired lands.
Whether there was evidence to show that the acquired lands had non-agricultural potential.
Submissions/Arguments
State argued that the judgment and award granting compensation @ Rs.1 per sq.ft. is not supported by material placed on record; Reference Court ought to have made distinction between lands covered under sale deed Exhibit 51 and lands acquired; no evidence that acquired lands had non-agricultural potential.
Respondents supported the judgment and award and prayed for dismissal of the appeal.
Ratio Decidendi
The Reference Court's award of compensation at Rs.1 per sq.ft. was not supported by evidence on record, particularly as there was no evidence that the acquired lands had non-agricultural potential, and the Reference Court failed to distinguish between the sale deed land and the acquired land.
Judgment Excerpts
This appeal is arising out of the judgment and award dated 20.7.1991 passed by the Civil Judge, senior Division, Wardha in L.A.C. No.1/1986 whereby the reference sought by the land owners was allowed partly.
Learned Reference Court fixed the value of the land in terms of square feet @ Rs.1./- per sq.ft. Aggrieved by this judgment and award the State has preferred this appeal.
Mr. Bhagde, learned A G P contended that the judgment and award granting compensation @ Rs.1/- per sq.ft. is not supported by material placed on record.
Procedural History
Land acquisition notifications issued on 12.2.1976 and 15.7.1976 for Dham Irrigation Project. Special Land Acquisition Officer held inquiry under Section 11 and declared award. Land owners sought reference under Section 18 for enhanced compensation. Reference Court (Civil Judge, Senior Division, Wardha) passed judgment and award on 20.7.1991 in L.A.C. No.1/1986, fixing compensation at Rs.1 per sq.ft. State filed First Appeal No.82 of 1992 in the High Court of Bombay at Nagpur Bench. High Court heard the appeal and delivered judgment on 4.9.2012.
Acts & Sections
- Land Acquisition Act, 1894: 11, 18
