Case Note & Summary
The appellants, original claimants, owned agricultural land in village Wadaji, Osmanabad, which was acquired by the State of Maharashtra for a medium project. The Special Land Acquisition Officer passed an award on 06-09-2000. Dissatisfied with the compensation, the claimants sought a reference under Section 18 of the Land Acquisition Act, 1894 for redetermination. The reference court partly allowed their claim, enhancing compensation for the land to Rs.43,750 per acre but rejected compensation for fruit bearing trees. The claimants appealed, arguing that the market value should be Rs.1,00,000 per acre and that they were entitled to compensation for trees. The High Court heard arguments from both sides. The court noted that the reference court had relied on a previous judgment in LAR No.290 of 2003 for determining land value, which was a suo motu reliance. The court found that the claimants failed to produce sufficient evidence to prove the existence and value of the fruit bearing trees. The appeal was partly allowed, confirming the compensation for land but denying compensation for trees.
Headnote
A) Land Acquisition - Compensation for Trees - Section 18, Land Acquisition Act, 1894 - Claimants sought compensation for fruit bearing trees on acquired land - Reference court rejected claim for trees - Held that claimants failed to prove existence and value of trees through reliable evidence - Appeal dismissed regarding trees (Paras 1-4).
B) Land Acquisition - Market Value - Section 23, Land Acquisition Act, 1894 - Claimants contended market value of land was Rs.1,00,000 per acre - Reference court awarded Rs.43,750 per acre based on previous award in LAR No.290 of 2003 - Held that reliance on previous award was proper and no enhancement warranted (Paras 2-4).
Issue of Consideration
Whether the claimants are entitled to compensation for fruit bearing trees standing on the acquired land, and whether the compensation awarded for the land is adequate.
Final Decision
Appeal partly allowed. Compensation for land as awarded by reference court is confirmed. Claim for compensation for fruit bearing trees is rejected.
Law Points
- Land Acquisition Act
- 1894
- Section 18
- Section 23
- Section 4
- Section 6
- compensation for trees
- market value
- burden of proof
- reference court
- enhancement of compensation
Case Details
2019 LawText (BOM) (07) 6
First Appeal No.965 of 2017 with CA/9579/2017
Smt. Vibha Kankanwadi, J.
Mr. S. L. Bhapkar for Appellants, Mr. R. B. Bagul, AGP for respondent No.1-State
Ashok s/o Rambhau Morale and Arun s/o Rambhau Morale
The State of Maharashtra and The Executive Engineer, Medium Project, Osmanabad
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Nature of Litigation
Appeal against judgment and award in land acquisition reference partly allowing compensation but rejecting claim for trees.
Remedy Sought
Appellants sought enhancement of compensation for land to Rs.1,00,000 per acre and compensation for fruit bearing trees.
Filing Reason
Dissatisfaction with the award of Special Land Acquisition Officer and the reference court's rejection of compensation for trees.
Previous Decisions
Special Land Acquisition Officer passed award No.1997/LNQ/CR-85 dated 06-09-2000. Reference court in LAR No.348 of 2009 partly allowed claim, granting Rs.43,750 per acre for land but rejecting compensation for trees.
Issues
Whether the claimants are entitled to compensation for fruit bearing trees?
Whether the compensation awarded for land is adequate?
Submissions/Arguments
Appellants argued that market value of land was Rs.1,00,000 per acre and that they were entitled to compensation for fruit bearing trees.
Respondent-State opposed the appeal, supporting the reference court's decision.
Ratio Decidendi
Claimants failed to prove existence and value of fruit bearing trees through reliable evidence; reference court's reliance on previous award for land value was proper.
Judgment Excerpts
Present appeal has been filed by the original claimants challenging the Judgment and award passed in common Judgment in LAR No.348 of 2009... whereby their reference was partly allowed and their claim in respect of compensation for trees was rejected.
According to the appellants, the market price of the acquired land was not less than Rs.1,00,000/- per acre.
Procedural History
Award by Special Land Acquisition Officer on 06-09-2000. Reference under Section 18 of Land Acquisition Act to District Judge, Osmanabad, who referred to Civil Judge, Senior Division. Reference court partly allowed claim on 29-01-2014. Appeal filed in High Court on 17-07-2019.
Acts & Sections
- Land Acquisition Act, 1894: Section 18, Section 23
