The State Of Maharashtra vs Shri Ismail B. Dange
2022 Latest Caselaw 10721 Bom

P.H. Jayani                                       908 FA1007.1992.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                     FIRST APPEAL NO. 1007 OF 1992

The State of Maharashtra                         .... Appellant
           v/s.
Ismail Baban Dange (since deceased
through legal heirs) :
Karim Ismali Dange and ors.                      .... Respondents

Ms. Tanaya Goswami, AGP for the State.

                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th OCTOBER, 2022.

P. C. :-

. By this Appeal, under section 54 of the Land Acquisition Act, the

Appellant - State assails the impugned judgment and award dated

22/11/1991 in Land Reference No.140/1989. By the impugned

judgment, the Reference Court partly allowed the reference under

section 18 of the Land Acquisition Act and enhanced the compensation

awarded by the Land Acquisition Officer from Rs.14,000/- per hectare

to Rs.25,000/- per hectare.

2. The brief facts necessary to decide this Appeal are as under :-

3. The Appellant - State had acquired land admeasuring 1H 31R

P.H. Jayani 908 FA1007.1992.doc

from Gat No.1243 of village Pandharpur for the purpose of Right Ujjani

Bank Canal. The Land Acquisition Officer declared the award on

12/02/1984 and offered compensation at the rate of Rs.14,000/- per

hectare. Being dissatisfied with the quantum of compensation awarded

by the Land Acquisition Officer, the Respondent - claimant filed

reference under section 18 of the Land Acquisition Act claiming

compensation at the rate of Rs.50,000/- per hectare. The Reference

Court upon considering the evidence adduced by the Respondent -

Claimant, enhanced the compensation to Rs.25,000/- per hectare.

Being aggrieved by this judgment and award, the State has filed this

Appeal.

4. Heard learned AGP for the State. I have perused the records and

considered the submissions advanced by learned AGP.

5. The records reveal that the acquired land was irrigated Bagayat

Land. The Respondent - claimant was growing crops like gram, wheat,

jawar in the said land. The Respondent - claimant had claimed that

the market rate of the acquired land was Rs.50,000/- per hectare. He

had placed reliance upon the sale deeds dated 29/11/1977,

09/06/1982, 12/07/1982 and 24/04/1986. The Reference Court has

P.H. Jayani 908 FA1007.1992.doc

recorded a finding that the sale instance of the year 1977 was a

comparable sale instance and relying upon the said sale instance, has

enhanced the compensation to Rs.25,000/- per hectare.

6. The enhanced compensation determined by the Reference Court

is based on the evidence on record. Moreover, the enhanced

compensation is less than four times the compensation offered by the

Land Acquisition Officer. Hence, the case would be squarely covered by

GR dated 03/11/2016.

7. Considering the above facts and circumstances, I am not inclined

to interfere with the impugned judgment. Hence, the Appeal is

dismissed.

PREETI
H JAYANI                                              (SMT. ANUJA PRABHUDESSAI, J.)
Digitally signed by
PREETI H JAYANI
Date: 2022.10.18
17:13:37 +0530