Bombay High Court
Kaniram Dhansingh Chavan Akola vs The State Of Mah Akola on 21 April, 2016
Bench: Ravi K. Deshpande
fa731.04.J.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.731 OF 2004
Appellant is dead Kaniram Dhansingh Chavan,
LR's of appellant
taken on record Aged about Yrs., Occ: Cultivator,
vide Court order R/o Malsur, Tq. Patur, Dist. Akola.
dt. 24/3/09.
1] Sitaram s/o Late Shri Kaniram Chavan,
Aged about 40 Yrs., Occ: Cultivator.
2] Tukaram s/o Late Shri Kaniram Chavan,
Aged about 45 Yrs., Occ: Cultivator.
3] Chandrashekar s/o Late Shri Kaniram Chavan,
Aged about 38 Yrs., Occ: Cultivator.
4] Motiram s/o Late Shri Kaniram Chavan,
Aged about 35 Yrs., Occ: Cultivator.
5] Vatchalabai w/o Ramsingh Rathod,
Aged about 48 Yrs., Occ: Housewife,
R/o Kaulkhed, Akola.
6] Gomlabai wd/o Late Shri Kaniram Chavan,
Aged about 72 Yrs., Occ: Cultivator.
All 1 to 4 & 6 are R/o Malsur,
Tq. Patur, Dist. Akola. ....... APPELLANT
...V E R S U S...
The State of Maharashtra
through Collector, Akola. ....... RESPONDENT
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Shri R.A. Jain, Advocate holding for Shri S.C. Mehadia, Advocate
for Appellant.
Shri M.A. Kadu, A.G.P. for Respondent.
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CORAM: R.K. DESHPANDE, J.
st APRIL, 2016.
DATE: 21
ORAL JUDGMENT
1] The Reference Court acting under Section 18 of the Land
Acquisition Act ("said Act" for short) has awarded compensation at the
rate of Rs.31,000/- per hectare for acquisition of 24 gunthas of land in
Land Acquisition Case No.45 of 1990 decided on 07.07.2003. In addition
to it the compensation for 50 lemon trees and other trees was granted of
Rs.19,022/-. The claimant is before this Court in this first appeal under
Section 54 of the said Act.
2] The point for determination is as under:
Whether the claimant is entitled to further enhancement of
compensation?
3] Section 4 notification was issued on 07.01.1988 to acquire
24 gunthas of land out of Survey No.87/2 for the purposes of Small Dam
Project at Gawandgaon, District Akola. The Land Acquisition Officer
awarded compensation at the rate of Rs.13,500/- per hectare treating
the land as dry crop land and total compensation of Rs.19,022/- for the
50 lemon trees and other trees was granted. The Reference Court has
fa731.04.J.odt 3/3
held that the land in question is an irrigated land, and accordingly, it has
doubled the rate. The Reference Court has awarded the rate of
Rs.31,000/- per hectare. Sale instance brought on record has taken place
prior to the date of notification under Section 4 of the said Act, and on
the basis of it the enhancement in respect of acquisition of land has been
rightly granted. There is no evidence placed on record to show that there
were 150 lemon trees. The Land Acquisition Officer as well as the
Reference Court has awarded compensation for 50 lemon trees. There is
no evidence brought on record to grant further enhancement of
compensation on any count. I do not find any error committed by the
Reference Court in the enhancement of compensation from Rs.13,500/-
per hectare to Rs.31,000/- per hectare and to maintain the compensation
for the trees as Rs.19,022/-.
4] In the result, the appeal is dismissed. No order as to costs.
JUDGE
NSN
