Bombay High Court
The State Of Maharashtra And ... vs Bhikaji Jayram Kasar. ... on 28 April, 2021
Bench: Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 856 OF 2003
1. The State of Maharashtra
through Collector, Jalgaon.
2. The Special Land Acquisition Officer,
II Upper Tapi Project, Hatnur, Jalgaon .. Appellant
(Original Respondents)
Versus
Bhikaji Jayaram Kasar, (Died) through L.Rs-
Shri. Ramesh Bhikaji Kasar,
Occu. Agri., R/o. Edlabad, Taluka Edlabad,
District Jalgaon .. Respondents
(Original Claimant)
...
Mr. B. V. Virdhe, AGP for Appellant
...
CORAM : ANIL S. KILOR, J.
DATE : 28th APRIL, 2021
ORAL JUDGMENT :-
The appellant- State of Maharashtra has approached to this
Court by way of present appeal challenging the Judgment and Award dated
23-01-1995 passed by learned 2nd Joint Civil Judge, Senior Division,
Jalgaon, in Land Acquisition Reference No. 228 of 1993 enhancing the
amount of compensation by Rs.32,513/-.
2. The open land and house in-question have been acquired for
II Upper Tapi Project, Hatnur, District Jalgaon. The notification under
Section 4 of the Land Acquisition Act, 1894 (L.A.Act) was published in
Government Gazette on 12-04-1984 and the Award was declared on
21-01-1987.
3. The Special Land Acquisition Officer has granted Rs.15/- for
open land and Rs.9/- per Square Meter to the constructed house, which
was found to be inadequate, therefore, a Reference was made under
Section 18 of the Land Acquisition Act, 1894, by the claimant, in which, the
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amount has been enhanced to Rs.200/- per Sq.M. for open land and
Rs.27,511/- was granted towards house structure. The same is questioned
in the present appeal.
4. I have heard learned AGP appearing for the appellants.
Despite service of notice, no appearance is caused on behalf of
respondent-claimant.
5. The learned AGP points out that the amount granted by the
learned Reference Court is exorbitant. Moreover, the Reference Court has
not taken into consideration the Award in its right perspective.
6. Learned AGP has pointed out that the amount of interest
under Section 28 of the L.A.Act has been granted from the date of
possession, whereas, it should have been from the date of Award as per
well settled principle of law laid down in a Judgment of the Full Bench of
this Court in the case of State of Maharashtra Versus Kailash Shiva
Rangari1.
7. To consider the contentions of the learned AGP, I have gone
through the record and proceedings and also perused the impugned
Judgment and Award.
8. After going through the Judgment and Award, it is revealed
that the learned Reference Court has considered all the relevant factors to
consider the market value as per well settled principles of law. The learned
Reference Court has discussed oral as well as documentary evidence on
record in detail and after considering the sale instances and other relevant
factors arrived at enhanced amount of compensation.
9. The learned Reference Court has considered the valuer's
report and recorded its reasons in paragraphs No. 7, 8 and 9 justifying
enhancement. The learned AGP failed to point out any contra evidence in
this matter and also failed to point of perversity in determining amount of
enhanced compensation. In that view of the matter, I do not find any merit
1 2016(4) ALL MR 513 (F.B.)
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3 22-FA-856-03.odt
in the present appeal.
10. However, to the extent of grant of interest from the date of
Award in view of the Judgment of Full Bench of this Court in the case of
State of Maharashtra Versus Kailash Shiva Rangari (supra), I am of the
opinion that the operative part of the impugned Judgment and award
needs to be modified. Accordingly, I pass the following order :-
ORDER
(I) The first appeal is partly allowed.
(II) The clause in respect of awarding the interest in operative part
of the impugned Judgment and Award, is modified, and, it is
held that the claimant is entitled for the interest under Section
28 of the Land Acquisition Act, 1894, from the date of Award.
For the first year the interest would be @ 9% per annum and
for the subsequent period it would be @ 15% per annum till
realization of the entire amount of the Award.
(III) The appeal is disposed of.
(IV) No order as to costs.
( ANIL S. KILOR )
JUDGE
rrd
