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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
First Appeal No. 1077 of 2016
Appellant : The Executive Engineer, Nagpur Medium
Project, Nagpur Division, VIDC, Nagpur
(at present, Nagpur Irrigation Division (N)
Nagpur)
versus
Respondents : 1) Chandrabhan Vithoba Gajbhiye, aged about
46 years, Occ: Agriculturist, resident of Isapur, Tahsil Katol, District Nagpur
2) Godabai wd/o Vithoba Gajbhiye, aged about 65 years, Occ: nil, resident of Isapur, Tahsil Katol, District Nagpur
3) State of Maharashtra, through the Collector, Nagpur
4) Special Land Acquisition Officer/S.D.O., Katol, District Nagpur ::: Uploaded on - 08/09/2017 ::: Downloaded on - 09/09/2017 02:27:38 ::: 2 Shri P. B. Patil, Advocate for appellant Shri C. R. Najbile, Advocate for respondents no. 1 and 2 Ms Mrinal Naik, Asst. Govt. Pleader for respondents no. 3 and 4 Coram : S. B. Shukre, J Dated : 6th September 2017 Oral Judgment
1. Heard. Admit. Heard finally by consent.
2. There is no need to call for Record and Proceedings as there is no dispute about the material evidence relied upon by the Reference Court while passing the impugned Award and thus, this appeal can be disposed of on the basis of reflections of evidence appearing in the impugned Award.
3. After hearing learned counsel for the parties and perusing the impugned Award, the following point arises for my determination:
Whether the compensation awarded by the Reference Court is just and proper ?
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4. The Reference Court while passing the impugned Award dated 20th September 2014 in Land Acquisition Reference No. 289 of 2002 has considered the entire evidence brought on record by respondent no. 1, but found the evidence in the nature of the circular of the Public Works Department dated 21.8.1998 cannot be relied upon as the Government rates do not include the cost of amenities. The acquired property in the present case is a house along with open space, being house no. 100/65/1 admeasuring 32.62 square meter situated at mouza Isapur, Tahsil Katol, District Nagpur. This house was one of the properties compulsorily acquired for the purposes of Chikhli Nala Project. This house was situated in the submergence area of the Government. The Reference Court found that the determination of the value of the structure and value of the open space done by the Land Acquisition Officer is on the lower side and, therefore, the same was enhanced to Rs. 5500/- per square meter for the built-up area and Rs. 300/- per square meter for the open space. Since this is not acceptable to the appellant, the appellant is before this Court in the present appeal.
5. The circular dated 21.8.1998 issued by the Public Works Department shows the Government rate for the constructed property as the house involved in the present case, to be of Rs. 5500/- per square meter. The approved valuer P.W. 2 found the rate of the structure as of ::: Uploaded on - 08/09/2017 ::: Downloaded on - 09/09/2017 02:27:38 ::: 4 Rs. 6500/- per square meter. Thus, as rightly observed by the Reference Court, in the valuation report (exhibit 38) submitted by the approved valuer as no rates are prescribed on the basis of type of construction and no details are given about the nature of construction; material used as well as area of the construction and open plot and other necessary details, the evidence of the approved valuer cannot be accepted for determination of the true market value of the acquired property. On the other hand, PWD circular is quite clear in details and serves as a guide to the Court to arrive at correct determination of the market value of the property. In LAC No. 281 of 2002, decided on 2.5.2014, the rate prescribed in PWD circular which was of about Rs. 5500/- per square meter, has been relied upon by the Reference Court. In the present case also, the Reference Court has mentioned about such reliance being placed upon for the purpose of determination of the rates given in the PWD circular in other matters by the Reference Court. This was the additional reason for the Reference Court to determine the market value of the constructed area to be at Rs. 5500/- per square meter. I do not find any illegality or perversity in such approach of the Reference Court, In fact, the findings recorded by the Reference Court are based on the evidence available on record and there is no evidence brought on record or pointed out by the appellant before this Court to arrive at different conclusion. The open ::: Uploaded on - 08/09/2017 ::: Downloaded on - 09/09/2017 02:27:38 ::: 5 space surrounding this house, I do not think that there is any scope for making interference with the findings recorded in this regard by the Reference Court. The Rference Court, it seen, has considered existence of such facilities as ration shop, post office, electricity, Gram Panchayat, primary education etc., situation of village Isapur on the State highway between Katol and Saoner as also on the basis of sale instances of the lands in nearby vicinity, found that cost of open plots in a village like Isapur cannot be lower than Rs. 300/- per square meter and, therefore, it was also found by the Reference Court that value of Rs. 100/- per square meter determined for open plot by the Special Land Acquisition Officer was on very lower side. The reasons given by the Reference Court are logical and based upon material available on record. Therefore, I find that value of the open space surrounding the acquired house was of Rs. 300/- per square meter and it has been rightly found to be so by the Reference Court. In the circumstances, I find that the compensation awarded by the Reference Court is just and proper. There is no merit in the appeal. The point is answered accordingly.
6. In the result, appeal stands dismissed. Parties to bear their own costs. The claimant is permitted to withdraw the amount deposited in this Court by the appellant.
S. B. SHUKRE, J ::: Uploaded on - 08/09/2017 ::: Downloaded on - 09/09/2017 02:27:38 ::: 6 joshi ::: Uploaded on - 08/09/2017 ::: Downloaded on - 09/09/2017 02:27:38 :::