Bombay High Court
The State Of Maharashtra vs Digambar Daulatrao Patil on 30 August, 2016
Bench: P.R. Bora
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.222 OF 2002
The State of Maharashtra
...APPELLANT
(Ori. Opponent)
VERSUS
Digambar Daulatrao Patil,ig
Age:45 years, Agri. of Sukale
Tq. Pachora, Dist. Jalgaon
...RESPONDENT
(Ori.Claimant)
WITH
FIRST APPEAL NO.223 OF 2002
The State of Maharashtra
...APPELLANT
(Ori. Opponent)
VERSUS
1. Laxman Govindrao and
2. Vasantrao Govindrao,
Age:52
Agriculturist of Sukale,
Tq. Pachora, Dist. Jalgaon.
...RESPONDENTS
(Ori.Claimants)
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Mr. S.P. Deshmukh and Mr. S.N. Morampalle,
A.G.Ps. for Appellants in respective matters.
None appears for Respondents though served.
...
CORAM: P.R. BORA, J.
DATE : 30TH AUGUST, 2016
ORAL JUDGMENT :
1)
Heard learned A.G.Ps. for the Appellant-
State in respective matters. None appears for the
Respondents. Since both the aforesaid Appeals are
arising out of the common Judgment and award
passed by the Civil Judge Senior Division, Jalgaon
in the Land Acquisition Cases, common argument was
heard by me and I deem it appropriate to decide
both the appeals by a common reasoning.
2) The lands which are the subject matter of
the present Appeals were acquired for construction
of Percolation Tank at Sukale, Tahasil Pachora,
Dist. Jalgaon. Notification under Section 4 of the
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Land Acquisition Act, 1894 (herein after referred
to as the "Act") in that regard was published in
the Government Gazette on 10th July 1980, whereas,
the Award under Section 11 of the Act came to be
passed on 5th April, 1983. The Special Land
Acquisition Officer (for short "S.L.A.O."),
offered the compensation for the land which was
the subject matter in L.A.Q. No. 321 of 1984 at
the rate of Rs. 8,000/- per hectare whereas, for
the land which was the subject matter of L.A.Q.
No. 322 of 1984 the price was offered at the rate
of Rs. 7,000/- per hectare. Dissatisfied with the
compensation so offered the Claimants filed the
reference applications under Section 18 of the Act
and the same were forwarded to the Civil Court at
Jalgaon for adjudication.
3) The Reference Court on the basis of the
oral and documentary evidence brought before it,
determined the market value of the acquired land
at the rate of Rs. 14,000/- per hectare and
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enhanced the amount of compensation accordingly.
Aggrieved thereby, the State has filed the present
Appeal.
4) Shri. S.P. Deshmukh, Learned A.G.P.
submitted that the reference Court has awarded
un-reasonable enhancement in the amount of
compensation without there being any evidence
therefore. However, on perusal of the impugned
Judgment I do not find any substance in the
submission so made by the learned A.G.P. On the
contrary it is revealed that the learned Reference
Court has appropriately discussed the evidence
brought before it and on the basis of the sale
instance brought on record by the Claimants has
rightly determined the market value of the
acquired land and has accordingly enhanced the
amount of compensation.
5) The Reference Court had relied on the
sale deed at Exhibit 21 which was executed on 21st
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January 1981 and the price received in the said
transaction was at the rate of Rs. 17,000/- per
hectare. Admittedly, no oral or documentary
evidence is adduced on behalf of State.
Considering the evidence on record, it does not
appear to me that any error has been committed by
Reference Court in determining the market value of
acquired lands. There appears no merit in the
present Appeals. Hence, the following order.
O R D E R
i) Both the Appeals are dismissed.
ii) No order as to costs.
iii) Civil Applications if any, stand
disposed of.
iv) The Respondents i.e. original Claimants
are permitted to withdraw the amount of
compensation deposited, if any, by the
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Appellant in this Court, if not already
withdrawn by them.
[P.R. BORA, J.]
ask/AUG16
