The determination of compensation for acquired land should consider the conversion to non-agricultural use, the location and development potential, and the evidence of sale instances.

JUDGMENT :

G. A. Sanap, J.

1. Both these appeals arise out of Judgment and Order dated 10.08.2006 passed by learned Ad-hoc Additional District Judge, Akola in Land Acquisition Case No. 209 of 2002 and therefore, both these appeals are being disposed of by common judgment. First Appeal No. 643 of 2006 is filed by the claimants. First appeal No. 541 of 2007 is filed by the State of Maharashtra through Collector/Special Land Acquisition Officer, Akola. The learned Ad-hoc Additional District Judge, Akola partly allowed the Land Acquisition Case/Reference and enhanced the compensation @ of Rs.100/- per Sq. ft. for the plot area admeasuring 359684.44 Sq.ft., @ Rs.50/- per sq.ft for open belt area, admeasuring 108501.12 sq.ft and @ Rs.25/- per sq.ft. for the plot area in balance created due to division, admeasuring 28809.84 sq.ft, with consequential benefits.

2. The facts leading to the appeals are as follows:-

In the judgment for the purpose of convenience the parties would be referred by their nomenclature as mentioned in the judgment of the trial Court. The land bearing survey Nos. 6, 7 and 60, total admeasuring 6.74 HR, belonging to the claimants, was acquired for the purpose of construction of a flood control wall on the bank of river Morna. The State Government, on 03.06.1999, published a notification under Section 4(1) of the Land Acquisition Act, 1894 (For short ‘the Acquisition Act”). The State Government published a declaration under Section 6 of the said Act on 06.10.1999. The process initiated for acquisition of the land culminated into the award passed by the Special Land Acquisition Officer on 09.04.2001. In the acquisition proceedings required inquiry was made. The Land Acquisition Officer awarded the compensation @ of Rs.72,400/- per hectare.

3. The claimants being aggrieved filed the Reference. According to the claimants, the acquired land was converted to non agricultural purpose in Revenue Case No. NAP-34/Akoli Khd./3/1982- 83. The claimants laid 188 plots for residential purpose. The plots, roads and lanes had been demarcated on the land. The entry to that effect was made in the revenue record. The claimants sold the plots to different persons. The acquired land was non agricultural land. This fact was placed on record before the Special Land Acquisition Officer. However, the Special Land Acquisition Officer did not accept the same and held the acquired land being agricultural land. The demanded compensation was not awarded on the ground that the land was not developed and was falling in the flood zone. According to the claimants, the acquired land was not covered in flood line area, which is called as blue zone. According to the claimants, the acquired land is situated on the outskirts of Akola city. The area around the acquired land is fully developed. In the surrounding area there are residential colonies. In the vicinity of the acquired land there is Oil Industry and Krushi Utpanna Bazar Samiti Market. There are educational and other religious institutions in the surrounding area of the acquired land.

4. It is stated that during the course of inquiry the Land Acquisition Officer had called the report of valuation from the Director of Town Planning, Akola. The Assistant Director of Town Planning had referred the matter to the Director of Town Planning, Pune. The Director of Town Planning, Pune by his letter dated 20.10.2000 recorded that the acquired land had non agricultural potentiality. It is stated that after consulting the Town Planning and Valuation department, the SLAO prepared the proposed award dated 04.12.2000 and quantified the total compensation of the acquired land as Rs.1,96,77,048/- and submitted the same to the Commissioner of Amravati for approval. The Commissioner did not approve the proposal and in turn directed the Collector/Land Acquisition Officer to award the compensation @ of Rs.72,400/- p