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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
NEERAJ P.DHOTE
Pandurang S/o Ramrao Somvanshi – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
NEERAJ P. DHOTE, J.
1. This is an Appeal under Section 54 of the Land Acquisition Act, 1894 [hereinafter referred to as ‘the LA Act’] for further enhancement in the compensation for the acquisition of the Appellant’s land, acquired for the purpose of submergence of Kolnur Pandhari Percolation Tank, Taluka Omerga, District Osmanabad.
2. The facts giving rise to the present Appeal are as under : -
2.1. The Appellant was the owner and possessor of land Survey No. 108, admeasuring 2 Hectare 90 Ares, and Survey No. 114, admeasuring 0.40 Ares, situated at village Kolnur [Pandhari], Taluka Omerga, Dist. Osmanabad. The Special Land Acquisition Officer [hereinafter referred to as “SLAO”] started acquisition proceedings and issued a Notification under Section 4 of the LA Act in the Official Gazette on 15.12.1995 and published the same in the newspaper dated 13.12.1994. The Notification under Section 6 of the LA Act was issued in the Official Gazette on 08.02.1996 and published in the newspaper dated 15 & 19.03.1996. The Appellant’s agricultural land referred to above came to be acquired for the said acquisition proceedings. The SLAO issued a Notice under Section 9 of the LA Act, which
Post-notification sale transactions can be relevant for determining land compensation, conditioned on proximity and evidence of comparability to the acquired land.
The court relied on post-Section 4 notification sale instance and evaluated plus and minus factors to determine compensation rates.
The main legal point established in the judgment is the application of principles for determining the market rate of acquired land under the Land Acquisition Act, 1894, and the admissibility of post-....
The importance of contemporaneous sale transactions and the potential unreliability of evidence with a gap of more than four to five years.
The potentiality of acquired land and comparable sale instances are crucial for determining fair compensation under the Land Acquisition Act.
While determining market value/compensation, previous instances of acquisition in proximity for location and potential of land acquisition along with cumulative increase is relevant consideration.
The court established that compensation for acquired land must reflect market value based on bona fide transactions and proximity to acquisition date, requiring adjustments for development purposes.
The court upheld the Reference Court's enhancement of compensation for acquired lands, affirming the reliance on sale deeds and evidence as just and reasonable.
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