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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR
A.S. Chandurkar, Pushpa V. Ganediwala, JJ.
The Executive Engineer & Ors. - Appellants
Versus
Chandrakant Jagpal Thakare & Ors. - Respondents
First Appeal No. 124 of 2018
Decided On : 08-03-2021
Land Acquisition Act - Land Acquisition - 1894 - Section 54 - The judgment and award dated 22.07.2014 in Land Acquisition Case No. 27 of 1999 - The court discussed the relevant acts and sections including Section 4 Notification, Section 6 Notification, Section 18, and Section 23 of the Land Acquisition Act, 1894. The court also considered the judgments in LAC No. 181 of 1999 and LAC No. 321 of 2003, and the provisions of the Indian Evidence Act, particularly Section 58. The court emphasized the determination of market value and the factors to be considered in assessing compensation for acquired land.
Fact of the Case:
The land of the claimants was acquired for the construction of buildings and houses for the Project Affected Persons of the Village - Khadaksawanga, in Land Acquisition Proceedings No LAC 4/47/1995-96 by Section 4 Notification, issued under the Land Acquisition Act, 1894. The claimants sought enhancement of compensation, and the Reference Court directed the State and the acquiring body to grant compensation for the acquired land at a higher rate. The acquiring body challenged this judgment and award in the present appeal, claiming the compensation to be disproportionate, excessive, and unrealistic.
Finding of the Court:
The court found that the compensation awarded by the Reference Court did not reflect the true market value of the subject land at the time of the publication of the Section 4 Notification under the Land Acquisition Act, 1894. The court emphasized the importance of determining the market value and the factors to be considered in assessing compensation for acquired land. The court also highlighted the need for comparable instances and the relevance of the nature, size, and location of the lands in question.
Issues: The main issue before the court was whether the compensation, as enhanced by the Reference Court, reflected the true market value of the subject land at the time of publication of the Section 4 Notification under the Land Acquisition Act, 1894.
Ratio Decidendi: The court emphasized the determination of market value and the factors to be considered in assessing compensation for acquired land. The court also highlighted the relevance of comparable instances and the nature, size, and location of the lands in question in determining the market value.
Final Decision: The judgment and award dated 22.07.2014 in Land Acquisition Case No. 27 of 1999 was modified by holding the claimants entitled to compensation for the acquired land at a lower rate than awarded by the Reference Court. The First Appeal was allowed in favor of the acquiring body, with no order as to costs.
JUDGMENT
Pushpa V Ganediwala, J. - Heard Shri Mangesh A. Kadu, learned counsel for the appellant, Shri A.B. Nakshane, learned counsel for the respondent Nos. 1 to 9 and Ms. T. Khan, learned Assistant Government Pleader for respondent Nos. 10 to 12.
2. This is an appeal preferred under Section 54 of the Land Acquisition Act, 1894. In this appeal, the appellant - the acquiring body challenges the judgment and award dated 22.07.2014 in Land Acquisition Case No. 27 of 1999 passed by the Court of Civil Judge, Senior Division, Yavatmal. In this award, the learned Reference Court enhanced the compensation @ Rs.376/- per square meter (@ Rs.35/- per square feet) after deducting 30% towards development purpose for Survey No. 63, admeasuring 5 Hectare and 34 R, situated at Village - Pratappur, Taluka - Babhulgaon, District -Yavatmal, along with all statutory benefits as permissible under law.
The facts leading to the filing of the present appeal are as under :
3. Respondent Nos. 1 to 9 (hereinafter referred to as the 'claimants') were the owners of land at Gat No. 63, admeasuring 5 Hectare and 34 R, Village - Pratappur, Taluka -Babhulgaon, District - Yavatmal.
4. The land of the claimants was acquired for the construction of buildings and houses for the Project Affected Persons of the Village - Khadaksawanga, in Land Acquisition Proceedings No LAC 4/47/1995-96 by Section 4 Notification, issued under the Land Acquisition Act, 1894 (hereinafter referred to as the Act), published on 09.05.1996.
5. It is pertinent to note that a long with claimants land survey number 63, in the same notification and for the same purpose, the two adjoining lands at Survey Nos. 68 and 69 of the same village-Pratappur admeasuring 3.80 HR and 12.04 HR respectively were also acquired. The total lands acquired in the said Notification was 21.18 HR out of Survey Nos. 63, 68 and 69 of village Pratappur.
6. After the issuance of Section 6 Notification, the Land Acquisition Officer passed an Award on 10.10.1997. The Land Acquisition Officer valued the acquired land @ Rs.22,000/- per Hectare and awarded total compensation of Rs.1,69,171.00 including all statutory benefits.
7. Being dissatisfied with the grant of meager amount of compensation, the claimants filed a Reference under Section 18 of the Act for the enhancement of the amount of compensation. The claimants sought compensation @ Rs. 1,614/- per square meter (less l/5th deductions towards development).
8. The State Government and the acquiring body filed their written statements opposing the contention of the claimants for the enhancement of compensation. The learned Reference Court framed necessary issues and recorded evidence as adduced by the claimants. The claimants examined three witnesses i.e. claimant No.l himself viz., Chandrakant Jagpal Thakre (AW-1) vide Exh. 97, Approved Valuer - Shri Sunil Keshavrao Chandakapure (AW-2) vide Exh. 110 and one Abhay B. Majumdar (AW-3) vide Exh. 112, who prepared lay-out map for the claimants. The State Government and the acquiring body preferred not to examine any witness.
9. The claimants' witness No.1 - (AW-1) during his testimony brought on record the following documents:
Exh. 98 to 100 - A letter (and the postal receipts) to the collector, enquiring about N.A permission for his land.
Exh. 101 - 7/12 Extract from 1992 to 1998 showing barren land.
Exh.103 - A Sale-Deed dated 29/03/1996 for a land admeasuring 1125 sq. ft., i.e. 104.55 sq. mtrs. at village Ganoli, Tq. Babhulgaon, District - Yavatmal, sold for a consideration of Rs.40,000/- (35.55/- per Sq. Ft.)
Exh. 104 - A Sale-Deed for the land admeasuring 1. 21 HR situated at village- Mitnapur, Tq Babhulgaon, which was sold in the year 1999 for ^ 150,000 and the agreement for which was entered in the year 1994.
Exh. 105 -A judgment of the Reference Court in LAC No. 181 of 1999 of village - Khadaksawanga and the Notification under Sect
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