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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
R.M.Joshi
Shrimant Bapurao Sonale – Appellant
Versus
State of Maharashtra Through Collector, Latur – Respondent
R. M. Joshi, J.
1. By consent of both sides, heard together and decided by common judgment.
2. These Appeals filed under Section 54 of the Land Acquisition Act, 1894 take exception to the award dated 18.02.2008 passed in Land Acquisition Reference Nos. 29/2004 and 30/2004.
3. There is no dispute about the fact that the Government of Maharashtra published Notification No. 2000/LNQ/CR/52 under Section 4 of the Land Acquisition Act on 27.08.2000 and proposed acquisition of lands situated at village Takli (Bombli), Tq. Deoni, Dist. Latur for construction of percolation tank at village Takli (Bombli). The lands were acquired for the said purpose on 27.08.2000. Claimants submitted statement of claim before the Land Acquisition Officer for determination of market value of the acquired lands under Section 9 of the Act supported by documentary evidence. It is the case of claimants that the Land Acquisition Officer awarded inadequate compensation by ignoring the relevant factors which are required considered for the purpose of computation of compensation payable in case of lands acquired. The claimants have given several supporting factors to indicate that compensation of the land wou
The highest prevailing market value should be used to determine compensation for acquired lands, rejecting undervalued assessments by the Land Acquisition Officer.
The market value of acquired land can be determined using comparable sale instances, even if they are for smaller plots, when larger sales are unavailable.
The importance of considering earlier evidence and the market value of the land in determining compensation.
The main legal point established in the judgment is the determination of compensation under the Land Acquisition Act, 1894, based on the correct market value of the acquired land and the valuation of....
The court relied on post-Section 4 notification sale instance and evaluated plus and minus factors to determine compensation rates.
Just compensation for land acquisition requires adherence to fair market valuation standards, considering factors like property age and productivity.
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.
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.
Acquisition of land – Grant of cumulative increase in market value of land is not an absolute rule – It is optional and may be granted in a given case only.
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