State Of Maharashtra vs Dhanraj B.Mokaddam
2016 Latest Caselaw 1174 Bom

                                                 1                              fa.499.04.jud  




                                                                                 
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                         
                      NAGPUR BENCH, NAGPUR

                                   FIRST APPEAL NO.499 OF 2004




                                                        
     Appellants                :   1] State of Maharashtra.

                                   2] The Special Land Acquisition Officer,
                                      (M.I.W.), Wardha.




                                             
                                       -- Versus --

     Respondents 
                             
                               :       Dhanraj s/o Balkrushna Mokaddam (dead),
                                       through Legal Representatives.
                            
                                    1] Smt. Kusam wd/o Dhanraj Mokadam,
                                       aged about 60 years.

                                    2] Nilesh Dhanraj Mokadam,
      


                                       aged about 38 years.
   



                                    3] Rajesh Dhanraj Mokadam,
                                       aged about 32 years.

                                    4] Jaishree w/o Ghanshyam Bhugaonkar,





                                       aged about 28 years,

                                       All r/o Nirpingalai, Tq. Morshi, Dist. Yavatmal.

                           =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=





                           Shri M.A. Kadu, A.G.P. for the Appellants.
                           =-=-=-=-=-=-=-=-=-=-=-=-==-=-=


                               CORAM :  R.K. DESHPANDE, J.

                               DATE     :  APRIL 4, 2016


     ORAL JUDGMENT :-  





                                               2                                fa.499.04.jud  




                                                                                
     01]              In Land Acquisition Reference No.34 of 1991, the Reference




                                                        

Court acting under Section 18 of the Land Acquisition Act, 1894

(hereinafter referred to as 'the Act' for the sake of brevity) has enhanced

the compensation for acquisition of land at the rate of Rs.75,000/- per

hectare as against the rate granted by the Special Land Acquisition

Officer, of Rs.16,000/- per hectare.

02] In view of the above, the points for determination are as

under :

i. Whether the Reference Court was right in enhancing the

compensation at the rate of Rs.75,000/- per hectare from

Rs.16,000/- per hectare, as was granted by the Special Land

Acquisition Officer?

ii. Whether the Reference Court was right in awarding 12%

increase from the date of dispossession i.e. 06/12/1984?

03] On the first aspect, the Reference Court has relied upon the

sale instances at Exh.31 and Exh.32, dated 20/02/1980 and

18/06/1982 respectively. The stress is on the index extract at Exh.32

3 fa.499.04.jud

reflecting the rate of Rs.20,000/- per acre. The notification was issued

on 12/02/1987. The transaction has been found to be bona fide and

proximate to the date and location of the site under acquisition. The

land is irrigated land and the Reference Court has found that the sale

instance is not from the said village and it is from the village near the

area and vicinity, which can constitute the good guideline for

determining the price of the acquired land. The distance between the

village 'Dhadi' to which the sale instance pertains and village Ashti is 15

kms. and is the taluka place. Taking into consideration the overall

situation, the Reference Court has granted the enhancement, which I do

not find any reason to disturb.

04] So far as 12% additional component under Section 23(1A)

of the Act is concerned, it is well settled that this has to be granted from

the date of notification under Section 4(1) of the said Act and not from

the date of dispossession. The notification under Section 4(1) of the Act

in the present case was issued on 12/02/1987 and hence 12%

additional component shall be calculated from that date till the date of

award i.e. 12/04/1989. The Reference Court committed an error

granting increase from the date of possession i.e. 06/12/1984.

                                                 4                                 fa.499.04.jud  




                                                                                   
     05]              In the result, the appeal is partly allowed and the following




                                                           
     order is passed :




                                                          

i. Rate of Rs.75,000/- per hectare awarded by the Reference

Court for acquisition of land, in question, is maintained.

ii. The claimants shall be entitled to the amount of 12%

additional component in terms of Section 23(1A) of the Act

from the date of notification i.e. 12/02/1987 till the date of

award i.e. 12/04/1989.

iii. Accordingly, the calculations be made.

iv. It is seen from the order passed by this Court that the

amount has been deposited in the Reference Court on

22/09/1999. In view of this, the Reference Court shall,

after working out the appropriate calculations permit the

claimants to withdraw the amount along with the

proportionate interest accrued thereon. If any balance

remains, the same shall be permitted to be withdrawn by

the State along with the interest accrued thereon.

5 fa.499.04.jud

v. If the claimants have already withdrawn the amount in

excess, the Reference Court shall pass an appropriate order

directing the claimants to redeposit of such amount, failing

which, it shall permit the State to recover it from the

claimants.

vi. No costs.

JUDGE *sdw