The State Of Mah vs Nathu Namdeo Sontakke
2009 Latest Caselaw 48 Bom

    fa578.91.odt                                                                                 1/2




                                                                                             
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                                     
                                 FIRST APPEAL NO.578/1991

    APPELLANTS:-               1. State of Maharashtra, through Collector,
                                  Buldana.




                                                                    
                               2. The Special Land Acquisition Officer,
                                  Medium Project at Khamgaon,
                                  Distt. Buldana.




                                                      
                                   (Original Appellants on R.A.).
                                      ig     ...V E R S U S...

    RESPONDENT:-               Nathu Namdeo Sontakke
                                    
                               (Original Respondent on R.A.)
    ----------------------------------------------------------------------------------------------
                        [Shri A.S. Sonare, AGP for appellants]
                        [None for respondent though served]
            

    ----------------------------------------------------------------------------------------------
                                           CORAM:- A.B. CHAUDHARI, J.

DATED :- 08.12.2009

ORAL JUDGMENT

1. Being aggrieved by the judgment and award dated

6.12.1990 passed by the Jt. Civil Judge (S.D.), Buldhana awarding

enhanced compensation @ Rs.16,000/- per hectare the State of

Maharashtra has preferred the present appeal.

2. In support of the appeal, learned A.G.P. for appellants -

State of Maharashtra argued that the reference Court was not justified

in enhancing the compensation almost to double that of the award

fa578.91.odt 2/2

made by the Land Acquisition Officer and the reliance placed on

sale-deed (Exh.19) 16.4.1980 was misplaced.

3. None appeared for the respondent though served.

4. I have gone through the impugned judgment and award.

The learned reference Court placed reliance on Exh.19 in which the

rate of land was Rs.10,000/- per acre i.e. Rs.25,000/- per hectare. As a

matter of fact notification under Section 4 of the Land Acquisition Act

was issued on 10.2.1983 i.e. three years after the said sale-deed

(Exh.19). In other words, looking to the fact that the rate of land even

in the year 1980 under Exh.19 was Rs.25,000/- per hectare three years

thereafter the rate could not be less than that. At any rate the

reference Court has not awarded anything more than Rs.16,000/- per

hectare and therefore, I do not find that the reference Court

committed any error in relying upon sale instance (Exh.19) which is

three years prior to notification under section 4 of the Land Acquisition

Act. In the result, finding no error with the reference Court's

conclusion, I find no merit in the present first appeal. The same is,

therefore, dismissed. No order as to costs.

JUDGE

ssw