Case Note & Summary
The appellant, Hariprasad Brijlal Bajpai, owned 4.94 hectares of land in Survey No.78, village Gimona, Babhulgaon, Yavatmal. The land was acquired for resettlement of village Malapur under a Section 4 notification published on 25.7.1998. The Land Acquisition Officer awarded compensation at Rs.33,500 per hectare under Section 11 award dated 1.3.1999. Dissatisfied, the appellant sought a reference under Section 18. The Reference Court partly allowed the claim, enhancing compensation to Rs.86,000 per hectare based on a sale instance (Exh.25) of an interior agricultural land. The appellant appealed, arguing that the Reference Court should have relied on another sale instance (Exh.31) which was of land with similar potential and location, situated on the Yavatmal-Babhulgaon Road. The High Court agreed, noting that the acquired land was on a main road and had potential for non-agricultural use, while Exh.25 land was interior. The court held that Exh.31 was a better comparable and enhanced the market value to Rs.1,50,000 per hectare, with all statutory benefits under Sections 23(1A), 23(2), and 28 of the Land Acquisition Act, 1894. The appeal was partly allowed.
Headnote
A) Land Acquisition - Compensation - Market Value - Determination - Comparable Sale Instance - The court considered whether the Reference Court correctly relied on a sale instance of interior land (Exh.25) instead of a sale instance of land with similar potential and location (Exh.31) for determining market value of acquired land situated on a main road. Held that the sale instance of land with similar potential and location should be preferred, and the compensation should be enhanced accordingly (Paras 6-10).
Issue of Consideration
Whether the compensation awarded by the Reference Court is just and proper?
Final Decision
Appeal partly allowed. Market value enhanced from Rs.86,000 per hectare to Rs.1,50,000 per hectare. Appellant entitled to all statutory benefits under Sections 23(1A), 23(2), and 28 of the Land Acquisition Act, 1894. No order as to costs.
Law Points
- Land Acquisition
- Compensation
- Market Value
- Comparable Sale Instance
- Potential Use
- Section 23 Land Acquisition Act
- 1894
Case Details
2017 LawText (BOM) (07) 227
First Appeal No.572 of 2005
Shri V.V. Bhangde for the Appellant, Shri S.B. Bissa, Asstt. Government Pleader for the Respondents
Hariprasad s/o. Brijlal Bajpai
The State of Maharashtra, Through the Collector, Yavatmal; The Collector, Yavatmal; Special Land Acquisition Officer and Sub Divisional Officer, Yavatmal
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Nature of Litigation
Appeal against judgment and order of Reference Court in land acquisition compensation matter.
Remedy Sought
Enhancement of compensation for acquired land from Rs.86,000 per hectare to Rs.2,50,000 per hectare.
Filing Reason
Dissatisfaction with compensation awarded by Reference Court.
Previous Decisions
Land Acquisition Officer awarded Rs.33,500 per hectare; Reference Court enhanced to Rs.86,000 per hectare.
Issues
Whether the compensation awarded by the Reference Court is just and proper?
Submissions/Arguments
Appellant argued that Reference Court should have relied on sale instance Exh.31 of land with similar potential and location, not Exh.25 of interior land. Respondents supported the Reference Court's decision.
Ratio Decidendi
In determining market value of acquired land, a sale instance of land with similar potential and location (e.g., on a main road) should be preferred over a sale instance of interior land, as it provides a better comparable for compensation under Section 23 of the Land Acquisition Act, 1894.
Judgment Excerpts
The only point which arises for my determination is : Whether the compensation awarded by the Reference Court is just and proper ?
I find that the saleinstance vide Exh.31 is a better comparable than the saleinstance vide Exh.25.
In my view, the market value of the acquired land would be Rs.1,50,000/ per hectare.
Procedural History
Notification under Section 4 published on 25.7.1998. Land Acquisition Officer passed award under Section 11 on 1.3.1999 at Rs.33,500 per hectare. Appellant filed reference under Section 18. Reference Court partly allowed claim on 25.4.2005, enhancing compensation to Rs.86,000 per hectare. Appellant filed First Appeal No.572 of 2005 before High Court. High Court partly allowed appeal on 28.7.2017, enhancing compensation to Rs.1,50,000 per hectare.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 11, Section 18, Section 23, Section 23(1A), Section 23(2), Section 28
