The main legal point established in the judgment is the reliance on evidence to determine compensation for acquired land, including the assessment of non-agricultural potentiality, comparable sale instances, and expert opinions.

JUDGMENT :

SANDIPKUMAR C. MORE, J.

1. The appellants who are original claimants, have preferred this appeal against the judgment and award dated 30th September, 2016 passed by the learned District Judge-1, Omerga, Dist. Osmanabad (hereinafter referred to as “the learned Reference Court”) in Land Acquisition Reference No. 523 of 2004 (Old No. 367 of 1996) whereby the compensation in respect of acquired land was enhanced to certain extent. As such, the appellants have fled this appeal for enhancement of the compensation.

2. The backgrounds facts of the case are as under:

The appellants were the owner and possessor of the land bearing survey No. 62 area admeasuring 06H 20R situated at village Samundral, Tq. Omerga, Dist. Osmanabad. However, the respondent-State/acquiring body acquired the aforesaid land for the purpose of rehabilitation of earthquake affected persons for constructing the houses. The possession of the land was taken in the month of November-1993 and notification to that effect under Section 4 of the Land Acquisition Act was issued on 12th January, 1994. Thereafter, notification under Section 6 of the Land Acquisition Act was published and notices under Section 9 (3)(4) of the Land Acquisition Act were served on the appellants. Accordingly, The Special Land Acquisition Officer passed the award in respect of land under acquisition and granted compensation at the rate amount of Rs.17,000/- per Hectare on 30.03.1996. Though the appellants withdrew the amount under protest but they had fled the aforesaid L.A.R. No. 523 of 2004 for further enhancement before the learned Reference Court. The learned Reference Court considering the material on record, determined the rate of compensation in respect of the acquired land under impugned judgment to the tune of Rs.75,000/- per Hectare against the claim of appellants @ Rs.25/- per Sq. Ft. Hence, this appeal.

3. Learned Counsel for the appellants submits that, the learned Reference Court did not appreciate the material and evidence on record in proper perspective and it also did not consider that in the connected matters from same notification, the claimants therein were granted rate @ Rs.4/- per Sq. Ft. According to her, the learned Reference Court did not consider the non–agricultural potentiality of the land and also ignored the comparable sale instances produced on record. The learned Reference Court also failed to consider the report of Government valuer. Learned Counsel for the appellants in addition to her submissions at bar also fled written notes of arguments on record by relying on various judgments as follows:

(a) Judgment of Hon’ble Supreme Court in the case of Mahesh Dattatray Thirthkar vs. State of Maharashtra, 2009 All SCR 1335

(b) Judgment of Hon’ble Supreme Court in the case of The Special Land Acquisition Officer Davangere vs. Veerabhadarappa, 1984 AIR 774

(c) Judgment of Hon’ble Supreme Court in the case of Ali Mohammad Beigh vs. State of J&K in Civil Appeal Nos. 4295-4297 of 2017 and S.L.P. (C) Nos. 3726-3728 of 2016

(d) Judgment of Hon’ble Supreme Court in the case of Tribeni Devi and Others vs. Collector of Ranchi, 1972 AIR 1417

(e) Judgment of Orissa High Court in the case of Land Acquisition Officer vs. A. Krishna Murty Patnaik, AIR 1984 Ori. 6

(f) Judgment of Allahabad High Court in the case of State of U.P. vs. Babu Ram (Deceased by LRs.) AIR 1995 All. 2

(g) Judgment of Gauhati High Court in the case of Radha Mohan Goenka and Another vs. Collector of Kamrup, 1985 (2) Gau. L.R. 53

(h) Judgment of Himachal Pradesh High Court in the case of Collector vs. Lachhman and Others, AIR 1965 H.P. 18

(i) Judgment of Hon’ble Supreme Court in the case of Union of India vs. Premlata and Others, 2022 (3) Bom. C.R. 1

(j) Judgment of this Court in the case of Ashok Sidramappa Yenegure vs. State of Maharashtra in First Appeal No. 2944 of 2013 with First Appeal No. 3413 of 2015

(k) Judgment of Hon’ble Supreme Court in the case of P. Ram Reddy vs. Land Acquisition Officer Hyderabad, 1995 (