Bombay High Court
Shri Gowarkshan Sanstha & Ors vs The State Of Maharashtra on 15 March, 2016
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
First Appeal No.94 of 1997
Shri Gourakshan Sanstha,
Amravati,
A registered Public Trust,
under The Bombay Public
Trusts Act, having its
Registration No.B-12,
by its Trustees :
1. Jagdishprasad Kaluramji Agrawal,
President.
2. Ramprasad Asaramji Soni,
Vice President.
3. Rajendrakumar Harinarayan Nawandar,
Secretary.
4. Omprakash Kunjilalji Bhaiyya,
Assistant Secretary.
5. Shriniwas Maniklalji Laddha,
Member.
6. Rajkumar Chaganlalji Agrawal,
Member.
7. Mohanlal Murlilalji Agrawal,
Member.
8. Ramchandra Kishorilalji Madhogadiya,
Member.
9. Ramswarupji Mansaramji Heda,
Member.
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10. Atmaramji Gajadharji Chaudhari,
Member.
11. Adv. Ratanlal Biharilalji Atal,
Member.
12. Lakhmichandji Shrikisanji Khandelwar,
Member.
13. Adv. Rampal Bhikamchand Kalantri,
Member.
14. Adv. Harish Ranchoddasji Mundhada,
Member.
15. Rajendrakumar Kundanlalji Lunawat,
Member.
16. Pramod Devkisanji Mundhada,
Member.
17. Pravin Gowardhandasji Chandak,
Member.
18. Ajay Rameshchandraji Heda,
Member.
19. Kamalkishore Mohanlalji Kediya,
Member.
20. Rohit Nawalkishore Rathi,
Member.
21. Ramniwas Kanhaiyalalji Laddha,
Member.
All R/o C/o Office of Gaurakshan
Sanstha, Gaurakshan Road,
Amravati, Tq. & Distt. Amravati. ... Appellants
Versus
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fa94.97.odt
The State of Maharashtra,
through its Special Land
Acquisition Officer,
Upper Wardha Project No.4,
Amravati. ... Respondent
Shri N.R. Saboo, Advocate for Appellants.
Shri M.A. Kadu, AGP for Respondent.
Coram : R.K. Deshpande, J.
Dated : 15 March, 2016
th
Oral Judgment :
1. In Land Acquisition Case No.34 of 1988 under Section 18 of
the Land Acquisition Act, 1894, the Reference Court has enhanced the
compensation for acquisition of the land of 5 H and 97 R out of Survey
No.25/1 of Mouza Benoda, Tahsil and District Amravati, from
Rs.200/- per hectare to Rs.25,000/- per hectare. This appeal under
Section 54 of the said Act has been preferred by the land owner, which
is the Trust, seeking enhancement of compensation.
2. The notification under Section 4 of the Land Acquisition Act
was issued on 6-1-1987 and the acquisition of the land in question was
for enlargement of national highway. On 30-3-1988, the award was
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passed granting compensation at the rate of Rs.200/- per hectare. The
Land Acquisition Officer considered 14 sale instances between the
period from 15-2-1982 to 11-12-1986, ranging from Rs.18,726/- per
hectare to Rs.1,88,884/- per hectare. Before the Reference Court, the
additional sale instances at Exhibits 26 to 31 were produced. The
Reference Court has held that the land under acquisition is hilly,
fallow and pot-kharab land, which cannot be compared with the
quality of the land covered by the sale-deeds at Exhibits 26 to 31, or
the other sale-deeds, which were found to be in respect of the irrigated
lands. Thus, all these sale instances are rejected.
3. The only sale instance relied upon was in respect of the same
land, i.e. Survey No.25/1, which was acquired by the Government in
the year 1985 upon payment of compensation at the rate of
Rs.33,000/- per hectare.
4. I do not find any reason to disagree with the distinction
made by the Reference Court in respect of the quality of land covered
by the sale instances produced and the land under acquisition, which
is not disputed. The sale instances referred to in the award of the
Land Acquisition Officer or those produced before the Reference Court
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pertain to the irrigated lands. Hence, no fault can be found with the
reliance placed by the Reference Court in respect of the rate
determined for acquisition of 3 R of land out of Survey No.25/1 by the
Government in the year 1985. There cannot be any better evidence
than one which pertains to the portion of the land under acquisition.
The appellant-claimants, however, would be entitled to the increase at
the rate of 10% every year in the price of Rs.33,000/- per hectare,
determined in the year 1985. The notification under Section 4 of the
Land Acquisition Act was issued on 6-1-1987 and 10% increase every
year would enhance the rate to Rs.39,000/- per hectare on the date of
the said notification. Keeping in view the surroundings in which the
land under acquisition is located, further enhancement by guess work
can be worked out to Rs.50,000/- per hectare, which would be the
rate representing the market value of the land on the date of issuance
of the notification under Section 4 of the said Act on 6-1-1987.
5. In the result, the appeal is partly allowed.
The appellant-claimants are held entitled to the compensation at the
rate of Rs.50,000/- per hectare for the land of 5 H and 97 R acquired
out of Survey No.25/1 of Mouza Benoda, Tahsil and District Amravati.
All other statutory entitlements shall be calculated accordingly on the
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basis of this enhancement after deducting the amount, if any, already
paid and the same shall be paid to the appellant-claimants.
6. The appeal is disposed of in above terms. No order as to
costs.
JUDGE.
Lanjewar, PS
