The State Of Maharashtra vs Shri Vishwanath Sahadu Londhe And ...
2017 Latest Caselaw 8372 Bom

                                                                             212.FA596_1993.doc

Vidya Amin

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                                      FIRST APPEAL NO. 596 of 1993

             The State of Maharashtra                           ... Appellant
                  Vs.
             Vishwanath Sahadu Lodhe & Ors.                     ... Respondents

             Mr. Yogesh Dabke, AGP for the appellant/State.

                                                 CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 2nd November, 2017.

ORAL JUDGMENT:

This First Appeal is filed against the judgment and award dated

24th January, 1992 passed by the learned Joint District Judge, Nashik

thereby enhancing the amount of the compensation.

2. The suit land admeasuring 55 R in Gat No. 1275/1+2 at Sinnar

has been acquired by the State of Maharashtra, by notification dated

2nd October, 1980 under section 4 of the Land Acquisition Act, for

construction of colony known as "Kadawa Project at Sinnar". It is an

agricultural land but it has high potential of non-agricultural use. The

evidence is given that there are colleges, schools, S.T. Bus stand,

godown etc. situated near the acquired land. So also this land is also

adjacent to the Nashik-Pune State Highway. The claimant has

claimed the compensation at the rate of Rs.1,00,000/- per hectare.

212.FA596_1993.doc

The Special Land Acquisition Officer has granted compensation @

Rs.20,000/- per hectare. Being aggrieved, the claimants filed Land

Reference bearing No. 149 of 1985 before the learned Joint District

Judge, Nashik. The learned Judge enhanced the compensation.

Hence this First Appeal.

3. The learned AGP has submitted that the order of enhancing is

baseless and the amount is excessive. He submitted that the land

acquired is not NA land but it is an agricultural land. The Reference

Court, therefore, has erred in giving rise in the rate of amount of

compensation , which is to be set aside.

4. None present for the respondents.

5. On perusal of the judgment and record before the Court, it

appears that the claimant has tendered the evidence and have

examined CW-2 Prakash Motilal Shaha and CW-3 Vasantrao

Khanderao Naik. The land of Vasantrao Khanderao Naik was

agricultural land located at same place in Sinnar and it was sold by

him on 6th October, 1981 @ Rs.1 lakhs per hectare (Exhibit 39).

212.FA596_1993.doc

6. The trial Judge has rightly accepted the said sale instanced for

deciding the rate. The sale of sale land has taken place one year

after the notice of acquisition in the present case and, therefore, the

Reference Court, instead of Rs.1,00,000/- has rightly fixed the rate at

Rs.75,000/- per hectare. Therefore, the rate fixed by the Reference

Court cannot be considered as excessive but it is a correct rate fixed

by the Reference Court. The other benefits given by the Reference

Court towards solatium and interest cannot be disputed. Thus, the

order of the Reference Court granting compensation is adequate, just

and legal.

7. First Appeal is dismissed.

(MRIDULA BHATKAR, J.)