IMPORTANT POINT
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.

JUDGMENT/ORDER

1. All these appeals, except F.A. No.626/2006, raise a common ground regarding failure of the learned Reference Court to enhance the compensation. F.A. No. 626/2006, is by the MIDC and challenges the judgment and decree dtd. 04/04/2005 passed by the 4th Adhoc Additional District Judge, Wardha upholding the award by the Land Acquisition Officer. All these appeals are therefore concerned with the compensation and therefore, can be decided by the common judgment.

2. For the sake of reference, the facts in First Appeal No. 660/2008, are being referred by Mr. Jibhkate, learned counsel for the appellant.

3. Heard Mr. Jibhkate, learned counsel for the appellant and Agnihotri, learned counsel for the respondent.

4. Being dissatisfied by the judgment under Sec. 18 of the Land Acquisition Act, passed by the learned Reference Court dtd. 29/04/2005 and the quantum of enhancement of the compensation granted by it, the present appeal has been filed.

5. The factual position enumerating from the record is as under:

(i) The acquisition is under the Maharashtra Industrial Development, Act (ii) The Notification under the provisions of the Land Acquisition Act was published on 31/10/1989 under which one of the lands acquired was that of the appellant in the instant matter bearing survey No.532 admeasuring 2.78 HR. The land Acquisition Officer by his Award dtd. 13/7/1994, granted a rate of Rs.35, 000.00 per hectare accepting that the entire land was irrigated. He also granted compensation of Rs.22, 751.00 for a well which was constructed in the said field, the claim for pipeline laid was declined by the Land Acquisition Officer. Dissatisfied with this, the appellant approached to the Reference Court under Sec. 34 of the Maharashtra Industrial Development Act, in which by the judgment dtd. 29/04/2005, the Reference Court enhanced the value of the land to Rs.40, 000.00 per hectare, maintained the compensation for well to the same amount of Rs.22, 751.00, but granted compensation for pipeline to the tune of Rs.7301.00 on the ground that the valuation report indicated its existence and its valuation as Rs7, 301/-.

6. Mr. Jibhkate, learned counsel for the appellant contends, that the compensation granted for the agricultural land which is irrigated, is very meager. He submits, that the land was adjacent to Abadi and, therefore, had (Non-agriculture) NA potentiality, for which he places reliance upon the Patwari map showing the location of the land with the Abadi, which is being objected by Mr. Agnihotri, learned counsel for the respondent No. 2 on the ground that this was not before the Reference Court. It is also contended that considering the well settled position of valuing the agricultural land which is irrigated at twice the value of the dry crop land, since the dry crop land for the same village under the same Notification has been valued at Rs.30, 000.00 per hectare, the minimum valuation ought to have been Rs.60, 000.00 per hectare. He further submits, that the evidence of the appellant has not been controverted regarding the location of the land in question being near to the village and therefore, ought to have been accepted by the Reference Court. It is also contended, that the amount of compensation granted for well, was inadequate as the well was 40 ft. deep and 25 ft. wide, for which a compensation of Rs.1, 50, 000.00 is being claimed. In respect of the pipeline also there is a grievance regarding the amount of compensation granted as it is contended that the pipeline was admeasuring 1500 running feet and was having a diameter of more than 4 inches, considering which, the compensation of Rs.2, 25, 000.00 is being claimed.

7. Reliance is also placed upon Exh.49 a sale deed of the same village dtd. 26/7/1983 to contend, that the market valuation of the property in question ought to have been minimum of Rs.1, 25, 000.00 per hectare. Compensation is also being claimed for Bandies of Rs.25000.00; for Babul trees Rs.10, 000.00 and f