Bombay High Court
The State Of Maharashtra ... vs Syed Isaak Syed Raza on 15 September, 2016
Bench: P.R. Bora
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.567 OF 2002
The State of Maharashtra
Through Collector,
Osmanabad. = APPELLANT
(orig. Respondent)
VERSUS
Sayed Ishaqu s/o Sayed Raza
Age: 54 Yrs., occu. Agril.
R/o Chiwari-Omerga,
Tq.Tuljapur, Dist. Osmanabad.
-----
= RESPONDENT
(orig. Claimant)
Mr.S.P.Deshmukh, Advocate for Appellant
-----
CORAM : P.R.BORA, J.
DATE :
15 th
September,2016.
ORAL JUDGMENT:
1) Heard. The present appeal is filed by
the State against the Judgment and Award
passed in LAR No.453/1991 on 27th April, 1994
by Civil Judge, Senior Division, at Osmanabad.
The aforesaid Reference application was filed
by the present respondent seeking enhancement
in the amount of compensation as awarded by
the Special Land Acquisition Officer.
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2) The land to the extent of 27 Ares,
owned and possessed by the present respondent,
was acquired for the purpose of minor
irrigation tank at Chiwari, Tq. Tuljapur,
District Osmanabad. Section 4 notification of
the Land Acquisition Act, 1894 (for short, the
Act) was published on 13th January, 1984;
whereas the Award under Section 11 of the Act
came to be passed on 31st March, 1986. The
Special Land Acquisition Officer had
determined the compensation @ Rs.6,000/- per
hectare.
. Being dissatisfied with the
compensation so offered by the Special Land
Acquisition Officer, the Reference application
was filed and the Reference Court enhanced the
amount of compensation by determining the
market value of the acquired land @ Rs.
15,000/- per acre. Aggrieved thereby, the
State has filed the present appeal.
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3) Learned AGP submitted that the
Reference Court has unreasonably enhanced the
amount of compensation. The learned AGP
further submitted that the claimant had
claimed the compensation @ Rs. 12,000/-
whereas the Reference Court has awarded the
same @ Rs. 15,000/- per acre. The learned AGP
submitted that no cogent and sufficient
evidence was placed on record by the claimant
for determining the market value of the
acquired land. The learned AGP further
submitted that the sale instance at Exh.16,
which was relied upon by the claimant was
pertaining to a small piece of land
admeasuring 3 Ares and as such, the same could
not have been held as comparable sale instance
by the learned Reference Court. The learned
AGP, therefore, prayed for setting aside the
impugned Judgment and Award and to re-
determine the amount of compensation at the
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rate which was officered by the Special Land
Acquisition Officer.
4) None has appeared for the respondent,
i.e. original claimant.
5) I have carefully perused the impugned
judgment and oral as well as documentary
evidence brought on record. Admittedly, no
evidence was adduced by the State. There is
further no dispute that the only sale
instance, which was placed on record and
relied upon by the claimant was the sale
instance at Exh.16. In the said transaction,
the land admeasuring 3 Ares was sold vide
registered sale deed executed on 1st July 1970
for the consideration of Rs.500/-, i.e. @ Rs.
166/- per Are. On perusal of the impugned
judgment, it is revealed that the Reference
Court has considered the aspect of price
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escalation and has accordingly determined the
market value of the acquired land. From the
evidence brought on record by the claimant, it
is quite evident that the land from the same
village was sold in the year 1970 @ Rs.166/-
per Are. Considering the fact that Section 4
notification was issued on 12th January, 1984,
the Reference Court has rightly determined the
market value of the acquired land at the rate
of Rs.375/- per Are, i.e. Rs.15,000/- per acre
as on 12th January, 1984 taking into account
the price escalation.
6) After having considered the entire
material on record, it does not appear that
the Reference Court has committed any error in
determining the market value of the acquired
land. Having regard to the evidence on
record, it is difficult to accept the
contention raised by learned AGP that the
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amount of compensation was determined by the
Reference Court arbitrarily and on higher side
without any evidence therefor. It appears to
me that the Reference Court has rightly
determined the market value of the acquired
land and has accordingly enhanced the amount
of compensation.
7) For the reasons stated above, I do
not see any reason to cause any interference
in the impugned Judgment and Award. In the
result, the following order, -
ORDER
. The appeal is dismissed without any
order as to costs. Pending Civil Application,
if any, stands disposed of.
(P.R.BORA)
JUDGE
bdv/
