The State Of Maha vs Narayn Balwant Sawant
2022 Latest Caselaw 7979 Bom

                                                                     221_fa_734_1996.doc



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                    FIRST APPEAL NO.734 OF 1996

             The State of Maharashtra                            ...Appellant
                               Versus
             Narayan Balvant Sawant                             ...Respondent
                                            ...
            Ms Tanaya Goswami, AGP for the Appellant-State.
            None for the Respondent.



                                             CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 18th AUGUST, 2022.

P.C.:-

1. By this appeal, the State Government has challenged the

judgment and Award dated 05/04/1994 passed by the learned C.J.S.D.,

Ratnagiri in Land Reference No. 26 of 1991. By the impugned

judgment, the Reference Court has enhanced the compensation at

Rs.8,000/- per Are with interest and other statutory benefits.

2. The brief facts necessary to decide the appeal are as under:-

The State Government had acquired portion of land

admeasuring 2 R from Survey No.64/5 situated at Sawantwadi, Digitally signed

District-Sindhudurg for the purpose of widening the highway.

MEGHA   by MEGHA S
        PARAB
S       Date:
        2022.08.20
PARAB   11:25:44
        +0530

Notification under Section 6 of the Land Acquisition Act, 1894 was

Megha 1/3 221_fa_734_1996.doc

published in the official gazette on 26/11/1987. The Land Acquisition

Officer passed an Award on 08/12/1989 and offered compensation @

Rs.1200/ per Are. The Claimant received the said compensation under

protest and filed an application under Section 18 of the Land

Acquisition Act, for enhancement of the compensation. The Reference

Court upon considering the evidence adduced by the respective parties

enhanced the compensation to Rs.8,000/- per Are. Being aggrieved by

this order, the State has filed this appeal.

3 I have perused the records and considered the submissions

advanced by the learned AGP for the Appellant-State.

4. It is not in dispute that the subject land was situated along

the Bombay-Goa highway. It is also in evidence that the acquired land

is 200 feet away from ST stand and was located within the town area

and had commercial potentiality. The Reference Court has observed

that the Claimant had not relied upon any sale instance to prove his

contention that market rate of the acquired land is Rs.15,000/- per Are.

The Reference Court has observed that the sale instances relied upon

by the State showed that the market rate of the land in the vicinity was

Rs.6,000/- to Rs.7,000/- in the year 1983 to 1987. Considering the

Megha 2/3 221_fa_734_1996.doc

said fact and location and potentiality of the land, the Reference Court

enhanced the compensation to Rs.8,000/- per Are.

5. It is well settled that determination of market value of the

land involves guess work to some extent. In the instant case, as stated

earlier, the Reference Court has determined the compensation after

considering the nature, location and potentiality of the land.

Considering this aspect and also considering the fact that the

compensation awarded is very meager, I am not inclined to interfere

with the impugned judgment. Hence, the appeal is dismissed.

                                   (SMT. ANUJA PRABHUDESSAI, J.)




Megha                               3/3