The compensation rate should be based on proven sale instances, and interest should not be awarded for the period prior to the date of Notification u/s 4 of the Act.

1. Two Appeals are filed by the original claimants and remaining two Appeals are filed by the State Govt. to challenge the Judgments and Awards of L.A.R. No. 1243/2002 and 1244/2002, which were pending in the Court of the Civil Judge [Sr. Division], Osmanabad. As the compensation is enhanced u/s 18 of the Land Acquisition Act [for short, 'Act'], State Govt. has challenged the decision and as the compensation is not given as per some sale instances proved by the claimants, they have filed the Appeals. Both sides are heard.

2. The lands of both the claimants are acquired for the construction of residential quarters for the servants of State Govt. 40 R. land of claimant from Reference No. 1243/2002 is acquired from S.No. 220/4/b. 20 R. portion from the same land of the claimant from Reference No. 1244/2002 is acquired for the same purpose and for the purpose of construction of road and for aforesaid purpose one more land of 30 R. portion from S.No. 212/2/6 of the claimant from Reference No. 1244/2002 is acquired. The lands are situated at Bhoom and within the local limits of municipal council, Bhoom.

3. The possession of the lands was taken by private negotiations by the Govt. on 14/09/1984. In the case of land of claimant from Reference No. 1243/2002, the Notification u/s 4 of the Act was published in official gazette on 04/02/1999. On the same day, the Notification was published in other matter also. However, the Award was prepared in the matter of claimant from Reference No. 1243/2002 on 26/03/2002 and in the other matter, the Award was prepared by the Special Land Acquisition Officer [for short, 'S.L.A.O.'] on 06/04/2002.

4. The S.L.A.O. collected information about the sale instances of Bhoom of 3 years period preceding the date of publication of Notification u/s 4 of the Act. Land S.No. 220/4/b was already converted to non agriculture purpose use. Surrounding both lands viz. S.Nos. 220/4/b and 212, there are offices of Govt. department, there is office of Municipal Council, there is Rural hospital, there are schools and colleges and there is also the area of M.I.D.C. As per the census of the year 1991, the population of Bhoom was 17,510.

5. In both the Awards, the S.L.A.O. considered 8 sale instances of Bhoom, which were executed between 10/06/1996 and 16/02/1998. There were 3 sale instances in respect of some portions of S.No. 212 of the year 1996 and 1998. The minimum price given was Rs.17.7 per Sq. Ft. and the maximum price given was Rs.43/- per Sq. Ft. [in the year 1998]. There were 2 sale instances in respect of land S.No. 220 and in both the cases, 92 R. portion was sold for the consideration of Rs.35,000/- and so the price was Rs.38/- per Sq. Ft.

6. The S.L.A.O. took into consideration the two sale instances in respect of S.No. 220 of the year 1997 and held that in 1997 the price was around Rs. 377/per Sq. Mtr. He gave enhancement of 23 % as the sale deed was more than 2 years old and held that the land converted to non agriculture purpose of such small piece, would have been sold in the year 1999 @ Rs. 463.7/per Sq. Mtr.

7. Before fixing the market price for giving compensation, the S.L.A.O. considered the plan approved by the Town Planner when S.No. 220/2/4 was converted to non agriculture land. On the basis of the plan, S.L.A.O. held that 2336 Sq. Mtrs. area was available for use from the area of 40 R. of the claimant of L.A.R. No. 1243/2002. Then the S.L.A.O. divided area of 2336 Sq. Mtrs. into two portions. The S.L.A.O. held that area of 701 Sq. Mtrs. was having frontage of main road, public road and so the rate of Rs.600/per Sq. Mtr. can be given to that portion. He held that for the area of 1635 Sq. Mtrs., the rate of Rs.464/per Sq. Mtr., as fixed above, can be given. From the amount of compensation, he held that the development charges @ 5 % per Sq. Mtr. need to be deducted as per the rules of developm