Case Note & Summary
The case arises from the acquisition of agricultural land belonging to the respondent-claimant, Ganpat Sonu Khedekar, for the Konkan Railway project. The land admeasuring 14.44 Are from various survey numbers in village Padvewadi was acquired by the Special Land Acquisition Officer on 31.3.1994. The claimant received the award amount under protest and filed a land reference before the Special Land Acquisition Officer, who referred it to the Civil Judge, Senior Division, Ratnagiri, numbered as Land Reference No.45 of 1995. The reference court, by judgment dated 16.12.2000, enhanced the compensation to Rs.7,500 per Are, totaling Rs.1,08,300 for 14.44 Are, along with 30% solatium under Section 23(2) of the Land Acquisition Act, 1894, 12% additional amount under Section 23(1A) from the date of notification under Section 4 (22.12.1991) till possession (31.3.1994), and 6% interest per annum from the date of award (31.3.1994) till realisation, after deducting the amount already paid. The appellant, Konkan Railway Corporation Ltd., challenged this award in the present First Appeal No.1003 of 2003 before the Bombay High Court. The appellant argued that the market value fixed by the reference court was excessive and not based on proper evidence, contending that the land was not irrigated and had no potential for non-agricultural use. The respondent-claimant supported the reference court's decision. The High Court, after hearing both sides, found that the reference court had relied on comparable sale instances of similar lands in the vicinity and that its assessment was based on evidence and not perverse. The court noted that the appellant failed to produce any evidence to rebut the claimant's case. Consequently, the High Court dismissed the appeal, upholding the enhanced compensation and all statutory benefits awarded by the reference court.
Headnote
A) Land Acquisition - Market Value Determination - Comparable Sale Instances - The court relied on sale instances of similar lands in the vicinity to determine market value at Rs.7,500 per Are, rejecting the appellant's contention that the land was not irrigated and had no potential for non-agricultural use. Held that the reference court's assessment was based on evidence and was not perverse (Paras 3-5). B) Land Acquisition - Solatium and Interest - Sections 23(2), 28, 4, Land Acquisition Act, 1894 - The reference court correctly awarded 30% solatium under Section 23(2), 12% additional amount under Section 23(1A) from the date of notification under Section 4 (22.12.1991) till possession (31.3.1994), and 6% interest per annum from the date of award till realisation. Held that these statutory benefits are mandatory (Para 3).
Issue of Consideration
Whether the Civil Judge, Senior Division, Ratnagiri was justified in fixing the market value of the acquired land at Rs.7,500 per Are and granting enhanced compensation with solatium and interest.
Final Decision
The appeal is dismissed. The judgment and award passed by the Civil Judge, Senior Division, Ratnagiri in Land Reference No.45 of 1995 is confirmed. No order as to costs.
Law Points
- Market value determination
- comparable sale instances
- burden of proof
- solatium
- interest under Land Acquisition Act
