The State Of Maharashtra vs Shri Madhav Shankar Kale
2022 Latest Caselaw 11835 Bom

Megha                                       914_fa_669_1998.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                     FIRST APPEAL NO.669 OF 1998

The State of Maharashtra through
the Special Land Acquisition Officer,
Irrigation No.1, Nashik                                 ...Appellant
                  Versus
Madhav Shankar Kale                                    ...Respondent
                                     ...
Ms Tanaya Goswami, AGP for the Appellant.
Mr. Nikhil M. Pujari i/b. Mr. P.N. Joshi for the Respondent.


                           CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 18th NOVEMBER, 2022.

P. C. :-

1. The Appellant-State has challenged the Judgment and

Award dated 29/11/1996 (in L.A.R. No.481 of 1990) passed by the

Joint District Judge, Nashik.

2. The Appellant-State has acquired portion of land

admeasuring 0.7 R from Gat No.308 of village-Palkhed, for the purpose

of construction of Canal at Ranwad. The Notification under Section 4

of the Land Acquisition Act was published in the Official Gazette on

26/03/1987. The Land Acquisition Officer declared the Award on

30/09/1988 and awarded compensation @ Rs.22,500/- to Rs.25,000/-

 Megha                                       914_fa_669_1998.doc



per hector.     The Respondent -Claimant accepted the compensation

under protest and filed a reference under Section 18 for enhanced

compensation @ Rs.1,00,000/- per hector for Bagayat land and

Rs.75,000/- per hector for Jirayat land. The Reference Court, after

considering the evidence on record has enhanced the compensation to

Rs.50,000/- per hector. Being aggrieved by the said judgment the State

has filed this appeal.

3. Heard learned AGP for the State. I have perused the

records and considered the submissions advanced by the learned

Counsel for the respective parties.

4. The evidence on record reveals that the compensation was

enhanced on the basis of sale deed dated 12/02/1987 whereunder

CW2-Nivrutti had purchased the land admeasuring 0.40 R for

Rs.40,000/- i.e. Rs.1 lakh per hector. The said sale deed is held to be a

comparable instance. The Reference Court has observed that the sale

deed was in respect of irrigated land, whereas the acquired land was

Jirayat land. The Reference Court therefore deducted 40% and further

an amount of Rs.16,000/- towards advantageous location of the sale

deed land. Thus, on the basis of the said sale deed, the Land Reference

Megha 914_fa_669_1998.doc

Court enhanced the compensation to Rs.50,000/- per hector.

5. The compensation enhanced by the Reference Court is less

than four times the amount awarded by the Land Acquisition Officer.

Hence, the case is squarely covered by the G.R. dated 03/11/2016. It

is further to be noted that the area of the acquired land is 0.7 R. The

enhanced compensation payable to the claimant, including the value of

the land, solatium and interest is Rs.5,810/- and upon deducting the

amount paid by the Land Acquisition Officer, the amount payable is

Rs.4,060/-.

6. Considering that the amount enhanced is very meager and

also considering the fact that the case is covered by Government

Resolution dated 03/11/2016, I am not inclined to interfere with the

impugned Judgment and Award. Hence, the appeal is dismissed.

(SMT. ANUJA PRABHUDESSAI, J.)

Digitally signed by MEGHA MEGHA PARAB S S Date:

PARAB 2022.11.22 11:07:49 +0530