Partly allowed

Vasant Narhar Ajarekar v. the State of Maharashtr

Bombay HC24 Feb 2005FA/1136/1997

Case brief

AI extract

What is this about?

This appeal challenged a Reference Court order awarding lower land acquisition compensation. The High Court held that the Reference Court erred in disregarding a 1978 sale deed merely due to its high price. It enhanced the compensation rate to Rs.100 per sq.mtr. based on that deed.

What did the court decide?

Compensation rate enhanced to Rs.100 per sq.mtr. or Rs.10 per sq.ft. from the Government with consequential benefits.

Vasant Narhar Ajarekar Vs the State of Maharashtr — Land Acquisition | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION.

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 FIRST APPEAL NO.1136 OF 1997.

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 Shri Vasant Narhar Ajarekar : Appellant

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 versus

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 The State of Maharashtra & ors. : Respondents.

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 Mr.A.D.Kulkarni i/by A.A.Kumbhakoni for the

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 appellant.

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 Mr.S.N.Gawade, AGP, for the State.

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CORAM : D.G.DESHPANDE,J.

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 DATED : 24th February 2005.

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ORAL ORDER

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 1. Heard the advocate for the appellant and

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 learned AGP for the State. This appeal is filed
 by the original claimant challenging the order of
 the Reference Court by which the compensation at
 the rate of Rs.63/- per sq.mtr. was awarded as
 against the compensation at the rate of Rs.21/-
 per sq.mtr. awarded by the Special Land
 Acquisition Officer.

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 2. Counsel for the appellant pointed out
 that the claimant has relied upon the sale deed
 executed in 1978 in favour of the Bank . The
 chairman of the bank was examined and, he has
 stated on oath that the plot was purchased by
 them for Rs.1,95,310/-. This plot was 2000’ to
 3000’ away from the acquired land. Nothing is
 brought out from his cross examination to show
 that the bank has not paid so much price.
 Counsel for the appellant, therefore, contended
 that the observations of the Reference Court in
 para 17 that, "The sale deed which is quoted by
 the claimants dated 22nd December 1978 is very
 excessive one as this land has purchased by the
 bank and this sale deed is not going to be
 considered and the claimants are not entitled to
 get the compensation at that rate."

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 3. This reasoning is not at all proper.
 Merely because the sale deed appears to be for a
 higher price, it cannot be discarded. The
 Reference Court should have given strong and
 convincing reasons for discarding the sale deed.
 The sale deed was of the relevant period i.e.
 prior to the notification of 1985 and, therefore,

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 the Court ought to have considered it. As a

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 result, this sale deed has to be considered. The
 price of the land as per this sale deed comes to
 Rs.29/- per sq.ft., whereas the claimant has
 claimed only Rs.10/- per sq.ft. i.e. Rs.100/-
 per sq.mtr. What was awarded by the Reference
 Court was Rs.63/- per sq.mtr., and therefore,
 considering the aforesaid sale deed, the claimant
 is entitled for compensation of Rs.100/- per
 sq.mtr. Hence the order :-

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 :ORDER:

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 The appeal is partly allowed.

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 The claimant will be entitled to Rs.100/-
 per sq.mtr. or Rs.10/- per sq.ft. as
 compensation from the Government with
 proportionate rise in the consequential
 benefit.

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 No order as to costs.

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 [D.G.DESHPANDE]

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 24/02/2005 JUDGE.

Vasant Narhar Ajarekar v. the State of Maharashtr

Case brief

What is this about?

What did the court decide?

Vasant Narhar Ajarekar v. the State of Maharashtr

Case brief

What is this about?

What did the court decide?

What the court decided

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