Bombay High Court
Maha. Industrial Devlp. Corp. ... vs Sanjay Vitthal Sune & 3 Ors on 4 April, 2016
Bench: A.S. Chandurkar
1-J-FA-1155-07 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.1155 OF 2007
Maharashtra Industrial Development Corporation
Through its Regional Officer,
having its office at Marol Industrial Estate,
Andheri East, Mumbai and having its
Regional Office at By-pass road, Amravati. ... Appellant.
-vs-
1. Sanjay Vitthal Sune,
Original Claimant
2. Narendra Damodar Vinchurkar,
Both R/o Amravati,
Tq. and Dist. Amravati.
3. State of Maharashtra
Through its Collector Amravati.
4. Special Land Acquisition Officer cum
Sub-Divisional Officer, Amravati. ... Respondents.
Shri M. M. Agnihotri, Advocate for appellant.
Shri A. S. Ambatkar, Advocate for respondent Nos.1 and 2.
Ms N. P. Mehta, Assistant Government Pleader for respondent Nos.3 and 4.
CORAM : A.S.CHANDURKAR, J.
DATE : April 04, 2016
Oral Judgment :
The present appeal filed under Section 54 of the Land Acquisition
Act, 1894 takes exception to the judgment of Reference Court dated
04/09/2007.
1-J-FA-1155-07 2/4
The respondent Nos.1 and 2 are the owners of field gat No.39
admeasuring 1H 80 R land. The Land Acquisition Officer granted
compensation at the rate of Rs.30,000/- per hectare for land admeasuring 1H
62 R. O.18 R land was treated as Pot Kharab land and Rs.1,500/- was
granted for the same. The Reference Court enhanced the compensation to
Rs.1 lakh and granted the same for the entire land admeasuring 1H 80 R.
This judgment is challenged in the present appeal.
2. Shri M. M. Agnihotri, the learned counsel for the appellant
submitted that the land in question is from village Sawardi, Dist. Amravati
and in F.A. No.734 of 2008 along with connected appeals, this Court by
judgment dated 15/06/2012 has held that an amount of Rs.89,000/- per
hectare would be fair compensation for the lands in said village. He further
submitted that while the Land Acquisition Officer treated 0.18 R land as Pot
Kharab land, the Reference Court treated the entire land as entitled for
compensation without any basis. He therefore submitted that compensation
@ Rs.89,000/- deserves to be granted only in respect of 1H 62 R land.
3. Shri A. S. Ambatkar, the learned counsel for respondent Nos.1
and 2 does not dispute that for lands acquired from village Sawardi, this
Court has granted an amount of Rs.89,000/- per hectare as compensation.
He however submits that in the present case, the Reference Court has rightly
1-J-FA-1155-07 3/4
granted compensation for the entire land inasmuch as the 7/12 extract on
record does not indicate any Pot Kharab land. It is therefore submitted that
the respondent Nos.1 and 2 are entitled for compensation for the entire land.
4. The following point arises for consideration :
" Whether the judgment of the Reference Court deserves to be
interfered with ? "
It is not in dispute that for lands situated at village Sawardi where
the present land is situated, this Court had granted compensation at the rate
of Rs.89,000/- per hectare. The award in question is dated 20/03/1997
which is identical to the award that was considered in F.A. No.734 of 2008.
Hence on that basis, the amount of compensation granted by the Reference
Court at the rate of Rs.1 lakh per hectare is required to be reduced to
Rs.89,000/- per hectare. In so far as the extent of acquired land is
concerned, the 7/12 extract reveals the same to be 1H 80 R. The respondent
No.1 examined himself in support of the claim for compensation. Though he
was cross examined by the appellant, there is no suggestion given that 0.18 R
land is Pot Kharab land. There is no other evidence on record to indicate the
fact that 0.18 R land was Pot Kharab land. The appellant did not lead any
evidence whatsoever. On this count, the Reference Court rightly granted
compensation for land admeasuring 1H 80 R. The point as framed is
answered by holding that the compensation awarded by the Reference Court
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is liable to be reduced to Rs.89,000/- per hectare.
5. In view of aforesaid, the following order is passed :
The judgment dated 04/09/2007 in L.A.C. No.371 of 1999 is
partly modified. It is held that the respondent Nos.1 and 2 are entitled for
compensation at the rate of 89,000/- per hectare for land admeasuring 1H
80R.
Rest of the award is confirmed.
First appeal is partly allowed in aforesaid terms with no order as
to costs.
JUDGE
Asmita
