Case Note & Summary
The appellant, Anand Tukaram Banmare, was the owner of agricultural land bearing Survey No.362 admeasuring 2.12 H.R. at Mouza Jamb, Tahsil Samudrapur, District Wardha. The land was acquired by the respondents pursuant to a notification under Section 4 of the Land Acquisition Act, 1894 dated 07.12.1989, and an award was passed by the Land Acquisition Officer (LAO) on 08.12.1994. The LAO granted compensation at Rs.19,000 per hectare. Dissatisfied, the appellant sought a reference under Section 18 of the Act, claiming the market value was Rs.50,000 per hectare. Before the Reference Court, the appellant examined himself and one witness, Keshao Pandurang Wadwha, to prove a sale instance of land at village Kankati. The respondents examined the LAO, Shri Nishikant Suke, to justify the valuation. The Reference Court, after considering the evidence, held that the acquired land could have fetched a market value of Rs.25,000 per hectare and enhanced the compensation accordingly, also awarding Rs.35,500 towards various claims. The appellant, still dissatisfied, filed the present appeal. The High Court, per Dr. (Smt.) Shalini Phansalkar-Joshi, J., examined the evidence and found that the Reference Court had correctly relied on the sale instance from village Kankati, which was comparable to the acquired land. The appellant failed to produce any sale instance of the same village or nearby areas to support his claim of Rs.50,000 per hectare. The High Court held that the Reference Court's determination of market value at Rs.25,000 per hectare was just and proper, and no further enhancement was warranted. The appeal was dismissed with no order as to costs.
Headnote
A) Land Acquisition - Market Value Determination - Sale Instance Method - Section 18 of Land Acquisition Act, 1894 - The appellant claimant sought enhancement of compensation for agricultural land acquired under Section 4 notification dated 07.12.1989. The Land Acquisition Officer awarded Rs.19,000 per hectare. The Reference Court enhanced it to Rs.25,000 per hectare based on sale instance of village Kankati. The High Court upheld the Reference Court's valuation, finding no error in relying on the sale instance and rejecting the appellant's claim for Rs.50,000 per hectare due to lack of evidence. (Paras 1-6)
Issue of Consideration
Whether the Reference Court correctly assessed the market value of the acquired land at Rs.25,000 per hectare, and whether the appellant is entitled to further enhancement.
Final Decision
The appeal is dismissed. The judgment and award dated 27.07.2005 passed by the 4th Adhoc Additional District Judge, Wardha in Land Acquisition Case No.70/1995 is confirmed. No order as to costs.
Law Points
- Market value determination
- sale instance method
- burden of proof on claimant
- enhancement of compensation
