Smt. Purnabai Sagarmal Manakshe vs State Of Maharashtra And Others

 FA 752.06.odt                                1
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR

                       FIRST APPEAL NO.752 OF 2006

 Smt. Punabai wd/o Sagarmal Manakshi,
 Aged about 62 years,
 Resident of Akola Bazar, Taluka and
 District-Yavatmal.
 (Original Applicant on R.A.)        ..                             APPELLANT

                               .. VERSUS ..

 1] The State of Maharashtra,
    through the Secretary,
    Revenue and Forests Department,
    Mantralaya, Fort,
    Mumbai-400 032.
 2] The Collector, Collector Office,
    Yavatmal, District-Yavatmal.
 3] The Special Land Acquisition Officer,
    Minor Works No.1, Yavatmal,
    Collector Office, Yavatmal,
    District-Yavatmal.                 ..                      RESPONDENTS


                   ..........
 Smt. Vijaya Thakare, Advocate for Appellant,
 Shri H.D. Dubey, AGP for Respondents.
                   ..........

                               CORAM : KUM. INDIRA JAIN, J.
                               DATED : SEPTEMBER 12, 2017.

 ORAL JUDGMENT

                This appeal takes an exception to the judgment

 and award dated 21.9.2004 passed by the learned Joint Civil

 Judge, Senior Division, Yavatmal in Land Acquisition Case



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  FA 752.06.odt                                 2
 No.92/1997.            By the said judgment and award, Reference

 Court enhanced the compensation of the acquired area 0.14

 H.R. at the rate of Rs.50,000/- with consequential benefits

 thereof.


 2]             The facts giving rise to the appeal may be stated

 in brief as under :

                (i)             The land of appellant was situated near

 village Akola Bazar.              0.14 R land was acquired by the State

 of Maharashtra for extension of Akola Bazar gaothan.

 Section 4 notification was issued on 21.01.1993. The award

 was passed on 21.09.2004.                     Being dissatisfied with the

 award, appellant filed present appeal under Section 54 of

 the Land Acquisition Act read with Section 96 of the Code of

 Civil Procedure.

                (ii)            It is the contention of appellant that her

 land is situated within the benefited area of irrigation

 project. It was used to produce crops like cotton, jawar, tur

 and      she        was       getting   net   income    of    Rs.10,000/-           to

 Rs.12,000/- per acre per year. A grievance is made that the

 sale instance of village Akola Bazar pertaining to adjoining

 villages were not taken into consideration by the Land

 Acquisition Officer while determining compensation.




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  FA 752.06.odt                                  3
 3]             Respondents            resisted     the   claim       vide      written

 statement (Exh.13).              The submission was that considering

 all the facts, Land Acquisition Officer determined the

 compensation and no interference is required in the

 reference filed by the claimant.


 4]             On the rival contentions of parties, issues came to

 be framed by the reference court. Claimant examined her

 son PW-1 Radheshayam Manakshe in support of her case.

 The reliance             was    also    placed      on the        sale instance.

 Respondents did not examine any witness.


 5]             Considering the oral and documentary evidence

 adduced             by    the    parties,      reference        court       awarded

 compensation at the rate of Rs.50,000/- per hector as stated

 in paragraph 1 above.                    Being aggrieved, claimant has

 preferred this appeal.


 6]             Smt. Vijaya Thakare, learned counsel for appellant,

 submits that this court in First Appeal No.699/1991 vide

 judgment            and       order    dated       1.4.2010       has       awarded

 compensation at the rate of Rs.3/- per square feet regarding

 adjoining land belonging to the husband of appellant and on

 the similar lines compensation can be awarded to the




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  FA 752.06.odt                                   4
 appellant           in    this    case.   She       submits      that      Section        4

 notification in First Appeal No.699/1991 was issued on

 2.3.1989 and in present case, it was issued on 21.1.1993.

 She submits that considering the date of notification 10%

 increase per year in view of the judgments of the Hon'ble

 Supreme Court in (i) Gianchand and others .vs. Union of

 India        [(2007) 15 SCC 641 and (ii) Sardar Jogendra

 Singh (Dead) by Lrs .vs. State of Uttar Pradesh and

 another [(2008) 17 SCC 133] to arrive at the market

 value of the acquired land may be granted.


 7]             The learned counsel placed on record a chart

 indicating total amount of compensation for the acquired

 land inclusive of 10% increase in the market value.                                   The

 chart is taken on record and marked as 'X-1' for the purpose

 of identification.


 8]             The learned A.G.P. does not dispute the settled

 legal position regarding 10% increase in the market value of

 land and calculations arrived at as per chart 'X-1'.                           It can be

 seen       from          the     judgment   and       order      in    First     Appeal

 No.699/1991 that part of land of Gat No.36/2 situated at

 Akola Bazar was the acquired land.                       In the case on hand

 controversy is regarding part of Gat No.36/1 adjoining land



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  FA 752.06.odt                          5
 Gat No.36/2.


 9]             In this view of the matter and for the reasons

 stated in the judgment and order dated 1.4.2010 in First

 Appeal No.699/1991, this court holds that appellant is

 entitled for compensation at the rate of Rs.3/- per sq. ft. and

 considering the difference in the date of notification also

 entitled to 10% increase in the market value of acquired

 land.         To this extent, judgment and award passed by

 reference court needs to be modified.           Hence, the following

 order :

                               ORDER

(i) Respondents to pay compensation of Rs.63,651/- to appellant as shown in chart 'X-1' along with all consequential benefits as per the rate awarded by reference court.

(ii) First Appeal No.752/2006 is partly allowed in the aforesaid terms.

 (iii)          No order to costs.



                                     (Kum. Indira Jain, J.)
 Gulande, PA




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