Point of Law : Acquisition of Land – Determination of Compensation – Sale Deed taken in consideration.

JUDGMENT :

1. In these Appeals filed under Section 54 of the Land Acquisition Act, 1894 (for short, “the said Act”), the judgments and awards dated 9th March, 2010 and 6th April, 2010 passed by learned Civil Judge (Senior Division), Washim in Land Acquisition Nos. 28 of 2003 and 26 of 2003 respectively are under challenge.

2. These Appeals are disposed of by a common judgment as the appellants and the respondents are same and moreover, the subject lands are from the same village.

FIRST APPEAL NO. 1154 OF 2015

3. Brief facts are as under :

(a) The land bearing Gat No. 56/5 area 1H 62R situated at village -Kurha, Taluka -Risod, District -Washim was the subject land of acquisition for the construction of Mandwa Dam. The notification under Section 4 (1) of the said Act was published on 17th May, 1998.

(b) The Land Acquisition Officer passed an Award on 16th July, 2001 and fixed the market price of the acquired land at the rate of Rs. 34,992/- for the said acquired land admeasuring 1H 62R. However, at the time of acquisition, the Land Acquisition Officer did not consider the standing timber trees and did not grant any benefits.

(c) The claimant not being satisfied with the Award as passed, filed proceedings under Section 18 of the said Act. The Reference Court by its Judgment and Award dated 9th March, 2010 allowed the claim and enhanced the compensation to the tune of Rs. 7,56,900/- alongwith interest @ 15% p.a. from the date of decree till realization of the amount.

(d) The Acquiring Body being aggrieved by the enhancement in the amount of compensation has filed the present Appeal.

FIRST APPEAL NO. 1149 OF 2015

4. Brief facts are as under :

(a) The land bearing Gat No. 56/2-A area 1 H 16 R situated at village-Kurha, Taluka-Risod, District -Washim was the subject land of acquisition for the construction of Mandwa Dam. The notification under Section 4 (1) of the said Act was published on 17th May, 1998.

(b) The Land Acquisition Officer passed an Award on 16th July, 2001 and fixed the market price of the acquired land at the rate of Rs. 52,584/- for the said acquired land admeasuring 1H 16R. However, at the time of acquisition, the Land Acquisition Officer did not consider the standing timber trees and did not grant any benefits.

(c) The claimant not being satisfied with the Award as passed, filed proceedings under Section 18 of the said Act. The Reference Court by its Judgment and award dated 6th April 2010 allowed the claim and enhanced the compensation to the tune of Rs. 5,82,751/- alongwith interest @ 15% p.a. from the date of decree till realization of the amount.

(d) The Acquiring Body being aggrieved by the enhancement in the amount of compensation has filed the present Appeal.

5. Ms.Patil, learned Counsel for the appellant, submits that the learned Reference Court committed serious error of law in enhancing the compensation without there being any evidence on record. According to learned Counsel, the learned Reference Court wrongly relied upon the Award filed by respondent No.1. To substantiate this, learned Counsel invited my attention to paragraph No. 7 of the impugned Judgment and Award challenged in First Appeal No. 1154 of 2015 and impressed upon me that except a copy of the Award, there was nothing before the learned Reference Court and this being so, learned Reference Court was not justified in enhancing the compensation.

6. Learned Counsel further invited my attention to the written statement of appellant and, more particularly, paragraph 5 and would submit that the quality of land was denied by the said appellant and despite that the learned Reference Court failed to take into consideration the said fact. This being so, the enhancement is absolutely not proper, argued learned Counsel.

7. Mr. Paliwal, learned Counsel for respondent No.1, on the other hand, invited my attention to the observations of the learned Reference Court and submitted that the learned Reference Court was justified in enhancing the amount. Having regard to the