The determination of fair market value for compensation in land acquisition cases should consider the actual market value of the acquired land, irrespective of the purpose of acquisition or future use.

JUDGMENT :

M.R. SHAH, J.

1. As common questions of law and facts arise in this group of appeals from the same land acquisition proceedings, all these appeals are decided and disposed of by this common judgment.

2. All these appeals arise from the land acquisition proceedings undertaken by the State Government for the Maharashtra Industrial Development Corporation (MIDC) (hereinafter referred to as the ‘Acquiring Body’) for extension of industrial estate in village Bhoyar, Taluka and District Yavatmal. The State Government issued a notification on 09.03.1995 under Section 32(2) of the Maharashtra Industrial Development Act, 1961 (hereinafter referred to as the ‘Act’) for acquisition of the lands in question pertaining to village Bhoyar. By the said notification, several extents of land located in various survey numbers spread out in the village of Bhoyar, belonging to the original claimants, were acquired. The Special Land Acquisition Officer declared the awards and determined the quantum of compensation payable to the original claimants, particulars of which are given herein-below. The original claimants preferred reference applications under Section 34 of the Act, read with Section 18 of the Land Acquisition Act, 1894 before the Reference Court seeking enhancement of compensation. The Reference Court enhanced the amount of compensation. Against the common judgment and award passed by the Reference Court both, the original claimants as well as the acquiring body preferred appeals before the High Court. The original claimants preferred the appeals for enhancement of compensation. By the impugned common judgment and order, the High Court has disposed of all the appeals and cross objections and has partly allowed the appeals preferred by the acquiring body and has reduced the amount of compensation determined and awarded by the Reference Court as under. Hence, the original claimants have preferred the present appeals.

3. The factual aspects in case of each claimant and the appeals are as under:

Civil Appeal No. 2732/2022 and SLP (C) No. 23250/2018

The present appeal arises out of the impugned judgment and order passed by the High Court in First Appeal No. 133/2007. Land admeasuring 4.91 Hectares in Survey No. 31/2 in village Bhoyar came to be acquired. The Land Acquisition Officer declared the award dated 27.11.1997 and determined the compensation at Rs. 50,000/- per Hectare for 4.23 Hectares of cultivable land and Rs. 1,500/- per Hectare for 0.68 hectare of uncultivable land. Rs. 24,400/- was awarded for the well. At the instance of the claimants, a reference was made to the Reference Court, which was numbered as L.A.C. No. 213/1999. The Reference Court enhanced the compensation to Rs. 3,75,000/- per hectare. The acquiring body-MIDC preferred the appeal before the High Court, being First Appeal No. 133/2007. Relying upon and considering the sale deed produced at Ex.41 dated 18.09.1992 with respect to the land bearing Survey No. 20/2 in village Bhoyar itself and considering the potentiality of the acquired land and considering the time gap between the said notification dated 18.09.1992 and the present notification dated 9.3.1995 and considering the time gap of approximately three years, adding 10% towards the price rise/escalation and adding further 15% towards the potentiality and the location of the acquired land, the High Court, by the impugned judgment and order, has determined the compensation at Rs. 1,50,000/- per hectare. Hence, the original claimant has preferred the present appeal.

Civil Appeal Nos. 2746-2747/2022 and SLP (C) Nos. 6309-6310/2022, D. No. 8900/2021

Land admeasuring 2.43 Hectares in Survey No. 33/2 in village Bhoyar came to be acquired. The Land Acquisition Officer declared the award and determined the compensation at Rs. 1,500/- per hectare. The Reference Court enhanced the amount of compensation to Rs. 4,