Case Note & Summary
The State of Maharashtra, as the acquiring authority for the Upper Wardha Irrigation Project, appealed against a common judgment and award dated 30.4.1997 passed by the Civil Judge, Senior Division, Amravati in Land Acquisition Case No.111/1992 and 114/1992. The lands in village Bhambora, District Amravati were compulsorily acquired for constructing a canal under the Upper Wardha Project, vide notification dated 24.11.1988. The Special Land Acquisition Officer declared an award on 10.9.1991 fixing the market value at Rs.12,000/- per hectare. Dissatisfied, the land owners sought a reference. The Reference Court, relying on sale instances and a previous judgment and award in Land Acquisition Case No.27/1992, enhanced the compensation to Rs.40,000/- per hectare. The State appealed, contending that the enhancement was excessive. The High Court, after considering the submissions, found that the Reference Court had properly relied on comparable sale instances and a prior award, and there was no error in the enhancement. The appeals were dismissed, and the impugned judgment and award were confirmed.
Headnote
A) Land Acquisition - Compensation - Market Value - Enhancement - The State appealed against enhancement of compensation from Rs.12,000/- to Rs.40,000/- per hectare for lands acquired for Upper Wardha Project. The Reference Court relied on sale instances and a previous award in Land Acquisition Case No.27/1992. The High Court held that the enhancement was justified and dismissed the appeal, finding no error in the Reference Court's approach. (Paras 2-3)
Issue of Consideration
Whether the Reference Court was justified in enhancing the market value of the acquired land from Rs.12,000/- per hectare to Rs.40,000/- per hectare.
Final Decision
Both appeals are dismissed. The impugned judgment and award dated 30.4.1997 passed by the Civil Judge, Senior Division, Amravati in Land Acquisition Case No.111/1992 and 114/1992 are confirmed.
Law Points
- Land Acquisition
- Compensation
- Market Value
- Enhancement
- Comparable Sales
- Previous Awards
Case Details
2012 LawText (BOM) (11) 89
First Appeal No.100 of 1998 and First Appeal No.234 of 1998
Shri A.D. Sonak, A G P for appellant; None for respondents
State of Maharashtra, (Acquiring authority : Special Land Acquisition Officer, Upper Wardha Project, Benefit Zone No.2, Amravati)
Anant Dayaramji Khandar, Harihar Dayaramji Khandar, Dinkar Dayaramji Khandar, Kishor Dayaramji Khandar (in FA 100/1998); Mrs. Kamlabai Bhaskarrao Mohod and others (in FA 234/1998)
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Nature of Litigation
Appeal against enhancement of compensation in land acquisition reference.
Remedy Sought
State sought reduction of compensation from Rs.40,000/- per hectare to Rs.12,000/- per hectare.
Filing Reason
Dissatisfaction with the Reference Court's enhancement of compensation.
Previous Decisions
Special Land Acquisition Officer awarded Rs.12,000/- per hectare on 10.9.1991; Reference Court enhanced to Rs.40,000/- per hectare on 30.4.1997.
Issues
Whether the Reference Court was justified in enhancing the market value from Rs.12,000/- to Rs.40,000/- per hectare.
Submissions/Arguments
Appellant (State) argued that the enhancement was excessive and not based on proper evidence.
Respondents (land owners) relied on sale instances and a previous award in Land Acquisition Case No.27/1992.
Ratio Decidendi
The Reference Court's enhancement of compensation based on comparable sale instances and a previous award is justified and does not warrant interference.
Judgment Excerpts
The lands in village Bhambora District:Amravati were compulsorily acquired for Upper Wardha Project (for constructing canal) – Upper Wardha Irrigation Project Benefitted Zone No.2 vide notification dated 24.11.1988.
The learned Reference Court enhanced the amount of compensation to Rs.40,000/- P.H.
Procedural History
Notification under Section 4 of the Land Acquisition Act issued on 24.11.1988; Award by Special Land Acquisition Officer on 10.9.1991 fixing market value at Rs.12,000/- per hectare; Reference under Section 18 filed by land owners; Reference Court enhanced compensation to Rs.40,000/- per hectare on 30.4.1997; State filed First Appeals No.100/1998 and 234/1998 before the High Court.
Acts & Sections
- Land Acquisition Act, 1894:
