Bombay High Court
Western Coalfields Ltd., Thr. ... vs Shankar S/O Babulal Thakur And ... on 19 July, 2017
Bench: Dr. Shalini Phansalkar-Joshi
FA349.06.J.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.349 OF 2006
Western Coal Fields Ltd.,
through its Chief General Manager,
Main Area, Tah. Bhadrawati,
Dist. Chandrapur. ....... APPELLANT
...V E R S U S...
1] Shankar s/o Babulal Thakur,
(dead) through its Lrs.
1(a) Smt. Kusum wd/o Shankar Thakur,
Aged about-Major, Occ: Not known
R/o Majri, At Post Shivaji Nagar,
Tq. Bhadrawati, Dist. Chandrapur.
1(b) Shri Ganesh s/o Shankar Thakur,
Aged about-Major, Occ: Not known
R/o Majri, At Post Shivaji Nagar,
Tq. Bhadrawati, Dist. Chandrapur.
1(c) Shri Pavan s/o Shankar Thakur,
Aged about-Major, Occ: Not known
R/o Majri, at Post Shivaji Nagar,
Tq. Bhadrawati, Dist. Chandrapur.
1(d) Smt. Kanchan Lalji Chouhan
Aged about-Major, Occ: Not known
R/o Wester Coalfields Ltd.,
Colliery Quarter No.8, Umrer.
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FA349.06.J.odt 2
1(e) Smt. Sapna Jitendra Parihar,
Aged about-Major, Occ: Not known
R/o Plot No.62, Chandra Nagar,
Behind Bhagwan Nagar, Bank Colony,
Nagpur.
1(f) Smt. Gayatri Mukesh Chouhan
Aged about-Major, Occ: Not known
R/o Majri, At Post Shivaji Nagar,
Tq. Bhadrawati, Dist. Chandrapur.
2] State of Maharashtra through
Collector, Chandrapur. ....... RESPONDENTS
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Shri A.S. Mehadia, Advocate for Appellant.
Shri R.S. Charpe, Advocate for Respondent Nos.1(a) to 1(f).
Shri M.A. Kadu, AGP for Respondent No.2.
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CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J.
DATE: th
19 JULY, 2017.
ORAL JUDGMENT
1] This appeal is directed against the judgment and
order dated 31.01.2006, passed by Civil Judge, Senior Division,
Chandrapur in Land Acquisition Case No.164/1994, thereby
enhancing compensation of the acquired land at the rate of
Rs.74,000/- per hectare from Rs.30,000/- per hectare, as awarded
by the S.L.A.O.
2] Brief facts of the appeal can be stated as follows:
Respondent No.1 was the owner of the land, bearing
Survey No.72/1, admeasuring 1.07 hectare and situated at Mouza
Kawdi, Taluka Bhadrawati, District Chandrapur. By virtue of
notification under Section 4 of the Land Acquisition Act, which
was published in the Government Gazette on 25.04.1990, the said
land came to be acquired for coal-mine. The Land Acquisition
Officer, vide his award dated 25.02.1993, granted the
compensation for the acquired land at the rate of Rs.30,000/- per
hectare. Therefore, the compensation for the land of respondent
No.1, which was admeasuring 1.07 hectare worked out to
Rs.32,100/-.
3] Being not satisfied with this meagre amount of
compensation awarded by the S.L.A.O., respondent No.1
approached the Reference Court under Section 18 of the Land
Acquisition Act, contending inter alia that, considering the
potentiality and the fertility of the land, which was irrigated from
the water of Wardha river, the market value of the said land was
far higher than the amount of compensation granted by the
S.L.A.O. It was submitted that people of the village Kawdi and
other villages situated within the radius of 5 Km. have sold their
dry crop land at the rate of Rs.55,000/- to 60,000/- per acre prior
to the publication of notification, thereby clearly indicating that
the market value of the said land cannot be less than Rs.65,000/-
per acre. Accordingly, respondent No.1 claimed the compensation
at the rate of Rs.55,000/- per acre.
4] This petition came to be resisted by the appellant
contending inter alia that the compensation awarded by the
S.L.A.O. is just, proper and in accordance with the provisions of
the Land Acquisition Act and the evidence produced before him.
Therefore, no interference was warranted in the same.
5] On these respective pleadings of the parties, the
Reference Court framed necessary issues for its consideration vide
Exh.10. In support of his case, respondent No.1 examined himself.
The appellant did not lead any oral or documentary evidence.
6] Hence, on appreciation of the evidence of respondent
No.1, the Reference Court was pleased to enhance the
compensation for the acquired land from Rs.30,000/- to
Rs.74,000/- per hectare.
7] In this appeal, I have heard learned counsel for
appellant and respondent and in the light of the rival submissions
made by them the only point, which arises for my determination is
whether the Reference Court was justified in enhancing the
compensation from Rs.30,000/- per hectare to Rs.74,000/- per
hectare.
8] In this case, the evidence of respondent No.1 goes to
show that he has purchased agricultural land from Anjanabai
Bapurao Chincholkar for a valid consideration of Rs.80,000/-, just
a month before the issuance of notification under Section 4 of the
Land Acquisition Act on 25.04.1990, by registered sale-deed dated
28.03.1990. The certified copy of the said sale-deed is also
produced on record at Exh.40.
9] There is also some other evidence produced by the
respondent No.1, which is certified copy of Index-II of Mouza
Kawadi at Exh.29 to 33. Sale Index-II Exh.29 is in respect of
agricultural land bearing Survey No.58/1 situated in the same
village Kawadi, under which Shri Maroti Bajirao Satpute, resident
of Warora purchased the said land for a valid consideration of
Rs.72,000/- per hectare from one Dada Vithu Khuspute.
Sale Index-II Exh.30 pertains to the purchase of the land by Dada
Bhugan from Purushottam Khuspute. The sale-deed was executed
on 29.12.1989 for the area 0.56 R and it was for a consideration
of Rs.80,357/- per hectare. The sale instance at Exh.31 is again of
the land situated in the same village and it is Survey No.58/2
admeasuring 0.81 R. It was executed on 28.12.1989 for
consideration of Rs.74,074/- per hectare. The sale instance at
Exh.32 was of the transaction pertaining to the land bearing
Survey No.265 and it was for consideration of Rs.76,271/- per
hectare. The sale instance at Exh.33 is of the land bearing Survey
No.234 admeasuring 0.47 R. It was executed on 29.10.1986 at the
rate of Rs.1,04,253/- per hectare.
10] The Reference Court has considered all these sale
instances and came to conclusion that the average price of the
acquired land during the relevant period comes to Rs.75,675/- per
hectare.
11] After having regard to the entire evidence produced
on record by the respondent No.1 and on the basis of comparable
sale instances, the Reference Court has thus rightly enhanced the
compensation for the acquired land from Rs.30,000/- per hectare
to Rs.74,000/- per hectare. The said enhancement being based on
the evidence on record and being just reasonable and fair, no
interference is warranted therein. The appeal therefore, being
without merit stands dismissed.
JUDGE
NSN
