Case Note & Summary
The case involves two appeals arising from a judgment and award dated 30.11.1996 passed by the Civil Judge, Senior Division, Amravati in L.A.C. No.92/1992. The land bearing survey no.190/1, mouja Jarud, Taluq Warud, area 1.52 H.R. out of total area of 2.62 H.R. was compulsorily acquired for rehabilitation of flood affected persons. Notification under section 4 of the Land Acquisition Act was published on 21.10.1991, and the award was declared on 10.3.1992. The land owner sought a reference questioning the adequacy of compensation. The Reference Court, considering sale instances and factors like situation of the land and its suitability for rehabilitation, fixed the market value at Rs. 67,500 per hectare. The land owner filed First Appeal No.300/1997 seeking further enhancement, while the State filed First Appeal No.461/1997 challenging the enhancement. The High Court, after hearing arguments, dismissed both appeals, upholding the Reference Court's award. The court found that the Reference Court had properly considered the evidence and that no interference was warranted.
Headnote
A) Land Acquisition - Compensation - Market Value Determination - Land Acquisition Act, 1894, Section 23 - The court considered sale instances and the land's suitability for rehabilitation to fix market value at Rs. 67,500 per hectare. Held that the Reference Court's enhancement was justified based on evidence (Paras 1-3).
Issue of Consideration
Whether the compensation awarded by the Reference Court for compulsory acquisition of land is adequate and should be enhanced.
Final Decision
Both appeals are dismissed. The judgment and award dated 30.11.1996 passed by the Civil Judge, Senior Division, Amravati in L.A.C. No.92/1992 is confirmed. No order as to costs.
Law Points
- Land acquisition compensation
- market value determination
- reliance on sale instances
- suitability of land for rehabilitation
Case Details
2012 LawText (BOM) (11) 93
First Appeal No.300 of 1997 and First Appeal No.461 of 1997
Mr. V.A. Kothale for appellant/s in FA 300/1997 and respondent in FA 461/1997; Mr. D.B. Yengal, A G P for respondent in FA 300/1997; Mr. A.D. Sonak, A G P for appellant in FA 461/1997
Sharad s/o Rajaram Takarkhede (through L.Rs.) in FA 300/1997; State of Maharashtra in FA 461/1997
State of Maharashtra in FA 300/1997; Sharad Rajaram Takarkhede (through L.Rs.) in FA 461/1997
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Nature of Litigation
Appeals against judgment and award in land acquisition reference for enhancement of compensation.
Remedy Sought
Land owner sought enhancement of compensation; State sought reduction of compensation.
Filing Reason
Dissatisfaction with the quantum of compensation awarded by the Reference Court.
Previous Decisions
Reference Court (Civil Judge, Senior Division, Amravati) in L.A.C. No.92/1992 enhanced compensation to Rs. 67,500 per hectare.
Issues
Whether the compensation awarded by the Reference Court is adequate and should be enhanced further?
Whether the Reference Court erred in enhancing the compensation?
Submissions/Arguments
Land owner's counsel argued that the overwhelming evidence supports further enhancement.
State's counsel argued that the enhancement was excessive and not justified.
Ratio Decidendi
The Reference Court's determination of market value based on sale instances and the land's suitability for rehabilitation was proper and does not warrant interference.
Judgment Excerpts
These two appeals arise from the judgment and award dated 30.11.1996 passed by the Civil Judge, Senior Division, Amravati in L.A.C. No.92/1992, whereby the quantum of compensation for the land acquired was enhanced @ Rs.67,500/- P.H.
Considering the same and particularly the factors like situation of the land and purpose for which it was found suitable i.e. for rehabilitation, the reference court fixed the market value of the acquired land @ Rs.67,500/-.
Procedural History
Notification under Section 4 of the Land Acquisition Act published on 21.10.1991. Award declared on 10.3.1992. Land owner filed reference for enhancement. Reference Court passed award on 30.11.1996 enhancing compensation to Rs. 67,500 per hectare. Land owner filed First Appeal No.300/1997 and State filed First Appeal No.461/1997 against the same award. Both appeals were heard together and dismissed by the High Court on 26.11.2012.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 23
