Baburao Sambhaji Nilla vs The State Of Maharashtra And Anr
2016 Latest Caselaw 317 Bom

                                             1                        FA 2803 of 2009

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                              
                     BENCH AT AURANGABAD




                                                      
                              First Appeal No. 2803 of 2009

         *       Baburao S/o Sambhaji Nilla,
                 Age 65 years,
                 Occupation : Agriculture,




                                                     
                 R/o Kambalga,
                 Taluka Shirur (Anantpal),
                 District Latur.                           ..    Appellant.




                                       
                          Versus

         1)
                             
                 The State of Maharashtra
                 Through the Collector, Latur.
                            
         2)      The Executive Engineer,
                 (L.M.I.), Latur.                         .. Respondents.

                                   --------
         Shri. S.B. Bhapkar, Advocate, for appellant.
      


         Ms. R.P. Gaur, Assistant Government Pleader, for
   



         respondent No.1.

         Respondent No.2- served.
                                         ----------





                                      CORAM:          T.V. NALAWADE, J.

                                      DATE       :    3rd MARCH 2016





         JUDGMENT:

1) The appeal is admitted. Notice after admission

made returnable forthwith. By consent heard both sides

for final disposal.

                                                 2                      FA 2803 of 2009

         2)               The appeal is filed by the original claimants of




                                                                               

Land Reference No.392/2002 which was pending before

the Reference Court. The appeal is filed to challenge the

quantum of compensation.

3) 60 R portion of land Survey No.49 (Gat No.83)

situated at village Kambalga, Tahsil Nilanga, District

Latur belonging to the claimant is acquired for irrigation

project. The notification under section 4 of the Land

Acquisition act was published in official gazette on 17-04-

1997 but the possession was taken in the year 1996. The

Special Land Acquisition Officer gave rate of Rs.16,080/-

per acre by holding that the land acquired was jirayat

land. The award was prepared by the Special Land

Acquisition Officer on 30-7-1999. Before the Reference

Court, the claimant proved a sale instance in respect of

portion of land Gat No.193 and dated 22-8-1995. This

portion was sold for consideration of Rs.50,000/-. The

Reference Court accepted the other sale instance dated

5-1-1995, which was not accepted by the Special Land

Acquisition Officer, which was for similar area but of the

consideration of Rs.28,000/-. The Reference Court

3 FA 2803 of 2009

however held that the land of the claimant was semi

irrigated land.

4) This Court has gone through the sale deed on

which the claimant is relying and also the sale deed on

which the other side had relied. The lands from both the

sale deeds were jirayat lands. If irrigated lands were

situated in the same village from where the land of the

claimant was acquired there was no reason for the

Reference Court to discard the sale instance of higher

rate on which the claimant was placing reliance. Further,

the Reference Court has committed one mistake. Crop like

sugarcane, cotton was taken only in small area in the year

1984-85 till the year 1985-86. In any case the Land

Acquisition Officer had not seen such crops or well in the

land which was acquired and accordingly rate for jirayat

land was given. This Court holds that higher rate can be

given but the rate of jirayat land needs to be given. This

Court further holds that the sale instance produced by the

claimant dated 22-8-1995 needs to be considered as

comparable sale instance. This sale instance was old by

one and half years and the rate was around Rs.609 per R.

4 FA 2803 of 2009

If 10% increase is given in the rate, rate comes to around

Rs.699/- per R. This Court holds rate of Rs.700/- per R

needs to be given. In the result following order is made :-

5) The appeal is allowed. Judgment and award of

the Reference Court is modified to give the rate of

Rs.700/- per R. The statutory benefits and interest as

awarded by the Reference Court are to be given on this

amount. Award be prepared accordingly.

Sd/-

(T.V. NALAWADE, J. )

rsl