State Of Mah.Thr.Collector, ... vs Himmatrao Raibhan Kale, Buldhana
2016 Latest Caselaw 795 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                
                               NAGPUR BENCH, NAGPUR




                                                                                 
                                        FIRST APPEAL NO.429 OF 2004

                State of Maharashtra through
                the Collector, Buldhana.                                          ....... APPELLANT




                                                                                
                                                 ...V E R S U S...

              Himmatrao Raibhan Kale,
              Aged 48 years, Occ: Agriculture,




                                                             
              R/o Subhanpur, Tq. Mehkar,
              District Buldhana.    ig                           ....... RESPONDENT
     ----------------------------------------------------------------------------------------------------
              Shri M.A. Kadu, AGP for Appellants.
              None for Respondent.
                                  
     ----------------------------------------------------------------------------------------------------

                           CORAM:  R.K. DESHPANDE, J. 

                                          st    MARCH, 2016.
                           DATE:      21
      


     ORAL JUDGMENT
   



     1]                    The Reference Court acting under Section 18 of the Land

Acquisition Act has enhanced the compensation at the rate of

Rs.25,000/- per hectare as against the rate of Rs.12,000/- per hectare

awarded by the Land Acquisition Officer. This judgment and order dated

09.04.2001 is the subject-matter of challenge by the State Government in

this appeal.

2] The point for determination is whether the Reference Court

has committed an error in enhancing the compensation at the rate of

Rs.25,000/- per hectare?

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      3]                    The notification under Section 4 of the Land Acquisition Act




                                                                                                                 

was issued on 30.11.1989, and by award dated 07.02.1992 the

compensation of Rs.12,000/- per hectare was awarded for acquisition of

0.72 R land from Gat No.86 and 0.64 R of land from Gat No.90.

The sale-deed relied upon is of 06.04.1983 in respect of sale of 30 R of

land for Rs.15,000/- which reflects the rate of Rs.20,000/- per acre, and

Rs.50,000/- per hectare for irrigated land. There is no challenge to the

reliance placed upon this sale-deed. If the increase at the rate of 10%

every year is considered on this price from the year 1983, the market

value of the land under the said sale-deed would come to Rs.80,000/-

per acre on the date of issuance of Section 4 notification. The land in

question is dry crop land, and the Reference Court has granted the rate

of Rs.25,000/- per hectare. No fault can be found with the view taken by

the Reference Court. The appeal is dismissed. No costs.

JUDGE

NSN