Bombay High Court
State Of Mah.Thru Collector ... vs Daulatrao Narayanrao Shinde on 5 May, 2021
Bench: Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 793 OF 2004
1] The State of Maharashtra
Through Collector,
Parbhani
2] The Special Land Acquisition Officer,
Maharashtra, Marathwada Krushi
Vidyapith, Parbhani .. Appellant
Versus
Nagorao S/o Shahaji Shinde,
Age : 60 years, Occu : Agri.,
R/o Dhasadi, Tq. And Dist. Parbhani .. Respondent
AND
FIRST APPEAL NO. 794 OF 2004
(The State of Maharshtra Vs. Gangadhar Bapu Shinde)
AND
FIRST APPEAL NO. 795 OF 2004
(The State of Maharshtra Vs. Daulatrao Narayanrao Shinde)
...
Mr. S.S. Dande, AGP for Appellant-State
Mr. S.J. Salunke, Advocate for the respondent
...
CORAM : ANIL S. KILOR, J.
DATE : 5th MAY, 2021
ORAL ORDER :-
The present Appeals are arising out of the Judgment and
Award dated 26-09-1996 passed in Land Acquisition References No. 378,
382 and 385 all of 1993, by the learned Reference Court, enhancing the
amount of compensation for the acquired lands.
2. The lands-in-question are acquired for the purpose of
Jaikwadi Canal Project. The Section 4 Notification was issued on
02-09-1982. Thereafter, Award was passed on 07-03-1994. Feeling
dis-satisfied with the amount of compensation granted by the Special Land
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Acquisition Officer, References were preferred under Section 18 of the
Land Acquisition Act, 1894 in which the amount has been enhanced to the
tune of Rs.250/- per R from Rs.60/- per R. The said Judgment and Award
is under challenge in these Appeals.
3. I have heard the learned AGP for the appellant-State of
Maharashtra and learned counsel for the respondents-claimants.
4. The only ground challenging the impugned Judgment and
Award is that, the amount granted by the learned Reference Court is
exorbitant. It is pointed out that the interest under Section 28 of the L.A.
Act ought to have granted from the date of Award but has been granted
from the date of notification under Section 4 of the L. A. Act, contrary to
Judgment of the Full Bench of this Court in a case of State of Maharashtra
Versus Kailash Shiva Rangari1.
5. To consider the rival contentions of the parties, I have gone
through the record and proceedings and also the impugned Judgment and
Award.
6. After going through the Judgment and Award, it is reveled
that the learned Reference Court has scrutinized the oral as well as
documentary evidence available on record in detail, while determining the
market value. The learned Reference Court has also considered the
relevant factors which are to be taken into consideration as per the well
settled principles of law, while arriving at a just and fair compensation.
7. The learned Reference Court while determining the land
value has considered the sale instances as observed above and recorded its
finding in paragraph no. 12 of the Judgment as regards the sale instance
Exhibit - 19. Moreover, the Reference Court has also observed that it
cannot be accepted that the vendor of the said land would execute a sale
deed of his land at higher rate only to help villagers for claiming
1 2016(4) ALL MR 513 (F.B.)
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compensation of their lands at higher rate. Thus, the Reference Court has
rightly arrived at the compensation of Rs.250/- per R by enhancing it from
Rs.60/- per R.
8. Nothing has been brought on record by the appellant in this
matter to show contrary or to show perversity in the findings recorded by
the learned Reference Court. In that view of the matter, I do not find any
merit in the present matter.
9. However, in view of the Judgment of Full Bench in State of
Maharashtra Versus Kailash Shiva Rangari (supra), operative part of the
impugned Judgment and Award needs to be modified and the interest
awarded by learned Reference Court 'from the date of taking possession of
the land' needs to be granted 'from the date of Award'.
10. Accordingly, the present Appeals are partly allowed as
under :
ORDER
(I) The appeals are partly allowed.
(II) The operative part of the impugned Judgment and Award
passed by the Reference Court is modified, and, it is held that
the claimants are 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) No order as to costs.
( ANIL S. KILOR )
JUDGE
arp/-
