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M. S. JAWALKAR
Bhujanga S/o. Sarangdhar Sarkate – Appellant
Versus
State of Maharashtra, Through District Collector Washim – Respondent
JUDGMENT :
Heard. Heard finally by consent of the learned Counsel for both the parties.
2. The present appeal is filed challenging the judgment and order dated 19/04/2017 passed by the learned Civil Judge, Senior Division, Washim in Land Acquisition No.98/2002.
3. The facts of case in brief are as under :
The State of Maharashtra decided to construct a Dam at village Haral and for that reason started to acquire the land from the villagers. The appellant’s land in Survey No.372 admeasuring 2.74 H.R. land in Haral came to be acquired by the respondent no.2 vide Land Acquisition Proceedings No.12/47/96-97. The Section 4 Notification came to be published on 13/11/1997. Section 6 Notification published on 12/01/2000 and the final award came to be published on 02/06/2000. The Land Acquisition Officer awarded an amount of Rs.1,45,314/- for the acquired land.
4. The appellants preferred reference against the aforesaid award and claimed for compensation @ Rs.3,00,000/-per hector and an amount of Rs.90,000/- for the trees and well. The Reference Court by its order dated 05/04/2010 enhanced the compensation to the tune of Rs.3,28,800/- for acquired land. It has also awarded amount of Rs.80,253/- f
The importance of considering earlier evidence and the market value of the land in determining compensation.
The market value of acquired land must be assessed based on its existing use and geographical situation at the time of the notification, with proper evidence required to substantiate claims for compe....
Compensation for acquired land must be based on adequate evidence and comparable sales, with specific regard to the land's use and potential value, while claims for enhancements must be substantiated....
Claimants in land acquisition cases must provide cogent evidence to support claims for enhanced compensation, particularly regarding the classification and use of the land at the time of acquisition.
Point of Law : Acquisition of Land – Determination of Compensation – Sale Deed taken in consideration.
The valuation of acquired land and determination of compensation should consider the presence of a well for irrigation and the sale deeds of comparable lands.
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