State appealed against a reference court judgment enhancing compensation for acquired land. The court found the enhancement regarding cultivable land appropriate. The appeal was dismissed.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION.
FIRST APPEAL NO.180 OF 2000.
The State of Maharashtra : Appellants.
versus
Shri Wamam Mhasu Deore : Respondent.
Mr.S.N.Gawade, AGP, for the State/Appellants.
None for the respondent.
CORAM : D.G.DESHPANDE,J.
DATED : 21st APRIL 2005.
ORAL ORDER
1. Heard the learned AGP for the State.
Notice was served upon the respondent. He is
absent. This appeal is filed by the State
challenging the judgment of the Reference Court
dated 12.8.97 in a reference under the Land
Acquisition Act.
2. By notification dated 19.7.1986, 1 H 22 R
land of the claimant/respondent was acquired.
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The Special Land Acquisition Officer treated the
land as Jirayat land and awarded compensation at
the rate of Rs.15,300/- per hectare for
cultivable land and Rs.200/- per hectare for 6R
potkharaba land. Therefore, a reference came to
be filed at the instance of the claimant. The
Reference Court found that the classification of
the land as Jirayat land was not proper, because
the crops statements from 1982-83 to 1990-91
reveal that the claimant had taken crops from
irrigation. So far as basic price is concerned,
the claimant examined and proved Exhibit 22. It
was in respect of 27R of land for Rs.57,000/- and
after deducting Rs.7000/- as the price for 4/5
mango trees the court concluded that Rs.30000/-
was the proper price. This sale deed was of
1984. The notification under Section 4 was two
years after . Therefore, 10% escalation was
awarded and the compensation was fixed at
Rs.36,000/- per hectare. The reference court had
not disturbed the rate in respect of potkharaba
land. The approach of the reference Court is
justice and proper. The compensation was rightly
enhanced. Hence no interference is called. The
appeal is dismissed. No order as to costs.
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[D.G.DESHPANDE]
21/04/2005 JUDGE.
1 issue framed by the court
Whether the reference court was correct in enhancing compensation for cultivable land while maintaining the rate for potkharaba land.
1 provisions across 1 enactments
The State of Maharashtra
Shri Wamam Mhasu Deore
D.G.Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court