Case Note & Summary
The appellant, Hari Narayan Dhande, was the owner of Survey No.2/3, area 4.04 HR, situated at village Bhoyar, Tq. Dist. Yavatmal. The Maharashtra Industrial Development Corporation (MIDC) initiated acquisition proceedings for the land, and a notification under Section 32(2) of the Maharashtra Industrial Development Corporation Act was published in the Government Gazette on 09.03.1995. The Land Acquisition Officer declared an award on 27.11.1997, granting compensation at the rate of Rs.56,000 per hectare along with other statutory benefits. Dissatisfied with the award, the appellant filed Land Acquisition Case No.100/1999 before the Civil Judge Senior Division, Yavatmal, which was decided on 29.07.2005. The appellant then filed the present first appeal before the Bombay High Court. During the hearing, the counsel for respondent no.3 (MIDC) brought to the court's attention a judgment of this Court in First Appeal No.661/2006, decided on 24.04.2018 by Justice Manish Pitale, which had dismissed MIDC's appeal and upheld compensation at the rate of Rs.1,80,000 per hectare for similarly situated claimants. The High Court, relying on this coordinate bench judgment, held that the market value of the acquired land on the date of notification was Rs.1,80,000 per hectare. Consequently, the court partly allowed the appeal, modifying the trial court's decree to enhance the compensation to Rs.1,80,000 per hectare, along with statutory benefits. The court did not elaborate on any other issues or arguments.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Maharashtra Industrial Development Corporation Act, 1960, Section 32(2) - The appellant-claimant sought enhancement of compensation for acquired land. The High Court, relying on its earlier judgment in First Appeal No.661/2006 (decided on 24.04.2018) which fixed market value at Rs.1,80,000 per hectare for similarly situated lands, held that the same rate should apply. The appeal was partly allowed, modifying the trial court's decree to enhance compensation to Rs.1,80,000 per hectare with statutory benefits. (Paras 4-5)
Issue of Consideration
Whether any interference is required in the judgment and decree dated 29.07.2005 in Land Acquisition Case No.100/1999 passed by Civil Judge Senior Division, Yavatmal?
Final Decision
Appeal is partly allowed. Appellant will be entitled to receive compensation at the rate of Rs.1,80,000 per hectare instead of the rate awarded by the trial court.
Law Points
- Land acquisition compensation
- market value determination
- reliance on previous coordinate bench judgment
- enhancement of compensation
