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A. S. CHANDURKAR, VRUSHALI V. JOSHI
Radhabai wd/o Purushottam Mallawat – Appellant
Versus
Agricultural Produce Market Committee – Respondent
JUDGMENT :
A.S. CHANDURKAR, J.
By this writ petition filed under Article 226 of the Constitution of India the petitioners seek a direction to be issued to the second respondent-Special Land Acquisition Officer (for short, SLAO), Medium Project, Buldhana, to determine the compensation payable to them in view of the order dated 27.04.2006 passed in Writ Petition No.2285 of 1992 (Krishnabai wd/o Hiralalji Mallawat and ors. vs. The Collector, Buldhana and ors.).
2. The facts relevant for considering the prayers made in the writ petition are that in the Final Development Plan of the City of Buldhana an area admeasuring 7 H 44 R was reserved for extension of the first respondent- Agricultural Produce Market Committee(for short, APMC), Deulgaon-Raja. On 16.03.1990 Notification under Section 126(2) of the Maharashtra Regional and Town Planning Act, 1966 (for short, the Act of 1966) came to be issued in that regard. The predecessors of the petitioners challenged the said Notification dated 16.03.1990 in Writ Petition No. 2285 of 1992. During the pendency of those proceedings, the predecessors of the petitioners and the APMC entered into a compromise. As per the terms and conditions agreed, the
Compensation for acquired land must reflect its market value and potential use, not just current use, as established under the Land Acquisition Act.
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Point of Law : Date of determination of market value should be recorded as 1.1.2014 in view of the Central Government orders under Section 113 of the Act.
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The importance of consideration in a contract and the determination of compensation under the Act of 2013 for the acquisition of land for a public project.
Market value in land acquisition cases must reflect current assessments by expert committees rather than outdated valuations, ensuring fair compensation aligns with statutory requirements.
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