Case Note & Summary
The Maharashtra Industrial Development Corporation (MIDC) appealed against the judgment of the Reference Court at Akola which enhanced the compensation for acquired land from Rs.80,000/- to Rs.1,00,000/- per hectare. The land, Survey No.50/2 admeasuring 1 H 62 R, was acquired for establishment of an industrial colony under Section 32(2) of the Maharashtra Industrial Development Act, 1961, vide notification published on 01.06.1995. The Land Acquisition Officer awarded compensation at Rs.80,000/- per hectare by award dated 20.03.1997. The claimant, feeling aggrieved, sought reference contending that compensation should be enhanced considering potentiality, location and quality of the land. However, at the hearing, despite sufficient opportunity, the claimant failed to enter the witness box and led no evidence. The Reference Court, in the absence of any evidence, considered the award itself and compensation awarded to other lands to enhance the rate. The High Court held that the Reference Court erred in enhancing compensation without any evidence on record. The burden was on the claimant to prove that the compensation was inadequate, which was not discharged. The appeal was allowed, setting aside the enhancement and restoring the original award of Rs.80,000/- per hectare.
Headnote
A) Land Acquisition - Compensation Enhancement - Burden of Proof - Claimant failed to lead any evidence despite opportunity - Reference Court cannot enhance compensation based on mere potentiality or location without evidentiary basis - Held that enhancement was unjustified and set aside (Paras 4-6).
Issue of Consideration
Whether the Reference Court was justified in enhancing the compensation from Rs.80,000/- to Rs.1,00,000/- per hectare in the absence of any evidence led by the claimant.
Final Decision
The appeal is allowed. The judgment and order dated 25.04.2006 passed by the Reference Court at Akola in Land Acquisition Case No.450/1997 is set aside. The compensation awarded by the Land Acquisition Officer at Rs.80,000/- per hectare is restored. No order as to costs.
Law Points
- Land acquisition compensation
- enhancement without evidence
- burden of proof on claimant
- reference court's jurisdiction
- Maharashtra Industrial Development Act
- 1961
Case Details
2017 LawText (BOM) (06) 204
First Appeal No.593 of 2006
Smt. Dr. Shalini Phansalkar-Joshi, J.
Shri M.M. Agnihotri for Appellant, Shri M.A. Kadu, AGP for Respondent No.2
Maharashtra Industrial Development Corporation, through its Chief Executive Officer
Dayaram s/o Punajaji Marathe, State of Maharashtra through Collector, Akola
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Appeal against enhancement of compensation in land acquisition reference
Remedy Sought
Appellant (MIDC) sought setting aside of the Reference Court's order enhancing compensation from Rs.80,000/- to Rs.1,00,000/- per hectare
Filing Reason
The Reference Court enhanced compensation without any evidence led by the claimant
Previous Decisions
Land Acquisition Officer awarded Rs.80,000/- per hectare on 20.03.1997; Reference Court enhanced to Rs.1,00,000/- per hectare on 25.04.2006
Issues
Whether the Reference Court was justified in enhancing compensation without any evidence on record
Whether the claimant discharged the burden of proving inadequacy of compensation
Submissions/Arguments
Appellant argued that the Reference Court erred in enhancing compensation in the absence of any evidence from the claimant
Claimant failed to lead evidence despite opportunity, thus enhancement was without basis
Ratio Decidendi
In land acquisition matters, the burden of proof lies on the claimant to establish that the compensation awarded is inadequate. In the absence of any evidence led by the claimant, the Reference Court cannot enhance compensation based on mere potentiality or location of the land. Enhancement without evidentiary basis is unjustified and liable to be set aside.
Judgment Excerpts
The undisputed factual position is that the land belonging to the claimant, bearing Survey No.50/2 admeasuring 1 H 62 R came to be acquired for establishment of industrial colony, vide notification issued under Section 32(2) of the Maharashtra Industrial Development Act, published on 01.06.1995.
At the time of hearing, despite sufficient opportunity provided to the respondentclaimant to enter the witness box he failed to do so.
In the absence of any evidence led on record by both the sides, the Reference Court considered the award itself and the compensation amount, as awarded by the Land Acquisition Officer to various other lands to enhance the rate.
The Reference Court has erred in enhancing the compensation without there being any evidence on record.
Procedural History
Land Acquisition Officer awarded compensation at Rs.80,000/- per hectare on 20.03.1997. Claimant sought reference, which was registered as Land Acquisition Case No.450/1997. Reference Court enhanced compensation to Rs.1,00,000/- per hectare on 25.04.2006. MIDC appealed to the High Court, which allowed the appeal on 08.06.2017.
Acts & Sections
- Maharashtra Industrial Development Act, 1961: Section 32(2)
