Devaji Bandu Damodhar vs Special Land Acquisition Officer ...
2017 Latest Caselaw 5064 Bom

                                  1                        FA NO.4236/2008


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

                    FIRST APPEAL NO.4236 OF 2008

  Devaji Bandu Damodhar
  Age: 65 years, Occu. Agri.,
  R/o. Faradpur, Tq. Soyagaon
  Dist. Aurangabad

  Deceased through his legal heirs,

  1.       Sitabai w/o. Devaji Damodar,
           Age: 60 years, Occu. Agril,
           R/o. Fardapur, Tq. Soyagaon,
           Dist. Aurangabad

  2.       Nana S/o. Devaji Damodhar
           Age: 37 years, Occu. Agril,
           R/o. As above,

  3.       Dnyaneshwar s/o. Devaji Damodar
           Age: 28 years, Occu. Agril,
           R/o. as above,

  4.       Khemabai d/o. Devaji Damodar
           Age: 40 years, Occu. Agril,
           R/o. As above,

  5.       Laxmibai d/o. Devaji Damodar
           Age: 30 years, Occu. Agril,
           R/o. As above,

  6.       Anusayabai d/o. Devaji Damodar,
           Age: 25 years, Occu. Agril,
           R/o. As above.

           (L.Rs. brought on record as per
           Court's order.)
                                           ...APPELLANT
                                          (Orig. Claimant)
                   VERSUS



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                                              2                        FA NO.4236/2008

  The Special Land Acquisition Officer,
  Minor Irrigation Work, Aurangabad
  Dist. Aurangabad                      ...RESPONDENT

                                ...
           Mr. V.D. Gunale, Advocate for the Appellants,
           Mr. S.P. Sonpawale, AGP for the Respondent State.
                                ...

                                      CORAM: P.R.BORA, J.

DATE : July 26th, 2017

*** ORAL JUDGMENT:

1. The appellant has filed the present appeal

seeking enhancement in the amount of compensation as

awarded by the Court of Civil Judge, Senior Division,

Aurangabad, in Land Acquisition Reference No.983/1996,

decided on 28th of July, 2000.

2. The land which is the subject matter in the

present appeal was acquired for the purpose of tourism

development. The notification under Section 4 of the

Land Acquisition Act, 1894 ( hereinafter referred to as the

Act), came to be passed on 22nd of July, 1993. The

Special Land Acquisition Officer had offered the

compensation at the rate of Rs.300/- per Are.

3 FA NO.4236/2008

Dissatisfied with the amount of compensation so offered by

the Special Land Acquisition Officer, the appellant filed an

application under Section 18 of the Act to the Collector,

Aurangabad who, in turn, forwarded the same for

adjudication to the Civil Court at Aurangabad ( hereinafter

referred to as the Reference Court). The Reference

Court enhanced the amount of compensation by

determining the market value of the subject land at the

rate of Rs.420/- per Are. The appellant has filed the

present appeal seeking enhancement in the amount of

compensation so awarded by the Reference Court.

3. When the present matter was taken up for

hearing, Shri V.D.Gunale, learned Counsel appearing for

the appellant submitted that the present matter is covered

by the judgment of the Honourable Apex Court in the case

of Bilkis and others Vs. State of Maharashtra and others. (

(2011) 12 SCC 646). Learned Counsel submitted that in

the case of Bilkis (cited supra) also, the land was acquired

from village Fardapur for the purpose of tourism

development. Learned Counsel submitted that the subject

land is also from the same acquisition and was acquired by

4 FA NO.4236/2008

the same notification. Learned Counsel pointed out that

the Honourable Apex Court in the aforesaid case has

determined the market value of the said land at the rate of

Rs.650/- per Are. Learned Counsel further submitted that

based on the judgment of the Honourable Apex Court in all

subsequent matters, this Court has taken the same view,

and has enhanced the amount of compensation by

directing to determine the market value of the lands

involved in the said matters at the rate of Rs.650/- per

Are. Learned Counsel has tendered across the bar copy of

the judgment delivered by this Court ( Coram:

S.V.Gangapurwala, J.) on 2nd of September, 2015, in

F.A.No.703/2002, with connected appeals. Learned

Counsel has also placed on record copy of the judgment

delivered by this Court ( Coram:P S.V.Gangapurwala, J.)

on 1st of October, 2015, in F.A.No.594/2004, with

connected appeals.

4. Learned Counsel submitted that in view of the

judgment of the Honourable Apex Court, and the

judgments delivered by this Court in the aforesaid appeals,

the amount of compensation be enhanced in the present

5 FA NO.4236/2008

matter also.

5. Shri Sonpawale, learned A.G.P., appearing for

the State, submitted that in the case before the

Honourable Apex Court, the subject land was having some

structures therein and existence of trees was also noticed

and, in such circumstances, same criteria can not be

applied in the present matter. Learned Counsel

submitted that the Reference Court has appropriately

determined the market value and no interference is

required in the amount of compensation offered by the

Reference Court.

6. I have carefully considered the submissions

made by the learned Counsel appearing for the respective

parties. I have also perused the impugned judgment and

the other material on record. It is not in dispute that the

land which is the subject matter of the present appeal was

acquired for the purpose of tourism development. There

further appears no dispute that the land which was

involved in the matter before the Honourable Apex Court

in the case of Bilkis and others (cited supra), was also

6 FA NO.4236/2008

acquired for the purpose of tourism development, and by

the same notification. The other two judgments, copies of

which are tendered by the learned Counsel across the Bar

also involve the land acquired for the purpose of tourism.

It is further noticed that all these lands are from village

Fardapur. Honourable Apex Court, while enhancing the

market value of the lands involved in the matter before it,

has observed that the said land being adjacent to the

highway and was only six to eight kilometers away from

Ajantha caves, an internationally famous tourism center,

there is great potential for the said land. In the cases

decided by this Court referred to hereinabove by the

learned Single Judge of this Court ( Coram:

S.V.Gangapurwala, J.), similar facts were existing as are in

the present case and the learned Single Judge has relied

upon the judgment of the Honourable Apex Court in the

case of Bilkis (cited supra), and has determined the

market value of the subject lands at the rate of Rs.650/-

per Are. In view of the discussion made above, I see no

difficulty in relying upon the said judgments.

7. Though learned A.G.P. has sought to canvass

7 FA NO.4236/2008

that the land involved in the present appeal cannot be

compared with the land involved in the said appeal, I am

not convinced with the submission so made.

8. After having considered the material on record,

I see no reason to take any contrary view than the one

taken by the learned Single Judge ( Coram:

S.V.Gangapurwala,J.) in the earlier two matters. In view

of the fact that for the similarly placed land acquired for

the same purpose, the market value has been determined

at the rate of Rs.650/- per Are, I deem it appropriate to

allow the present appeal to the aforesaid extent. The

market value of the acquired land be determined at the

rate of Rs.650/- per Are and the amount of compensation

be enhanced accordingly. The appellant is entitled for the

statutory benefits and interest on the enhanced amount of

compensation in accordance with law.

The Appeal stands allowed in aforesaid terms. No

order as to the costs.

(P.R.BORA) JUDGE ...

AGP/4236-08fa