Partly allowed

The Executive Engineer Latur Minor Irrigation Division Latur Under Gmidc Aurangabad v. the State of Mahrashtra and Anr.

Bombay HC6 Dec 2012FA/3620/2011

Case brief

AI extract

What is this about?

In appeals against a Reference Court award enhancing compensation for land acquired for Madansuri K.T. Weir, the single judge held that since the date of possession was not established, no rental compensation was due. The appeal was partly allowed quashing the rental component while sustaining the main award.

What did the court decide?

The appeal allowed to the extent of setting aside the award of rental compensation; rest of the award sustained; respondents liberty to file proceedings for rental compensation.

The Executive Engineer Latur Minor Irrigation Division Latur… — Land Acquisition | Bombay HC (2012)

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1 F.A. 3620......2011

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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FIRST APPEAL NO. 3620 OF 2011,

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FIRST APPEAL NO. 3621 OF 2011, FIRST APPEAL NO. 3622 OF 2011, FIRST APPEAL NO. 3623 OF 2011,

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FIRST APPEAL NO. 3624 OF 2011

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Executive Engineer, Latur Minor Irrigation Division,Latur under G.M.I.D.C.,A’bad V/s The State of Maharashtra & Ors.

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Mr. B.R.Surwase, Advocate for the Appellant.

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Mr. K.G.Patil, Asstt.Govt. Pleader for the State.

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Mr. M.S.Patil, Advocate for Resp. No. 2.

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CORAM : S.V.GANGAPURWALA, J.

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DATE : 06/12/2012.

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ORAL ORDER :

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Heard Mr. Surwase, learned counsel for the Appellant, Mr.

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Patil, learned counsel for the respondents/claimants and Mr. K.G.Patil,

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learned Assistant Govt. Pleader for the State.

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The land of the Claimants is acquired for the construction of

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2 F.A. 3620......2011

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Madansuri K.T. Weir. Being dis-satisfied by the amount of compensation awarded, the claimants preferred Reference U/s 18 of the Land Acquisition Act [ For short, ‘ L.A. Act ’ ]. The Reference Court partly allowed the Reference and enhanced the compensation amount to 27,000/- [ Rupees Twenty Seven Thousand only ] per Acre for dry land and 39,000/- [ Rupees Thirty Nine Thousand only ] per Acre for irrigated land. The Special Land Acquisition Officer [ For short, ‘ S.L.A.O. ’ ] has awarded compensation @ ` 12,800/- [ Rupees Twelve Thousand Eight Hundred only ] per Acre. The land acquired is also of small area. The Reference Court also awarded rental compensation @ 8 % from the date of notification U/s 4 of the L.A. Act till the date of Award. The acquiring body has assailed the said Award in the present Appeals.

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Mr. Surwase, learned counsel for the appellant submits that the S.L.A.O. had properly considered the market value and had rightly awarded the compensation amount. There was no evidence before the Reference Court to enhance the compensation amount. The sale instances relied would not be applicable as the same is not in respect of the similarly situated lands.

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The learned counsel further contends that the Reference

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3 F.A. 3620......2011

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Court has also awarded rental compensation from the date of notification U/s 4 of the L.A. Act till the date of Award. The possession has not been taken prior to the date of notification U/s 4 of the L.A. Act. Such rental compensation could not have been awarded. According to the learned counsel, the same is erroneous and against the legal provisions.

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Mr. Patil, the learned counsel for the Claimants submits that the possession has been obtained by the appellant, however, the date of possession is not mentioned. The acquiring body can not take advantage of the same. The learned counsel further contends that the Reference Court has properly computed the market value of the land. The sale instances have been properly considered.

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As far as the market value of the land is concerned, the Reference Court has considered the sale instances and all other attending circumstances. Exh. 34 has been considered. No illegality has been committed in respect of the same. More over, the acquired land is also of small area. The enhanced compensation as such is also not major.

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As far as rental compensation is concerned, the claimants would be entitled for rental compensation only if the possession has been taken by the appellant prior to the the date of notification U/s 4 of the

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4 F.A. 3620......2011

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L.A. Act. In the present case, there is no date as to when the possession

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was taken of the land from the claimants. In view of the same, the claimants are not entitled for the rental compensation as is awarded by the Reference Court.

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In view of the above, the impugned Award is set aside to the

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extent of rental compensation. The rest of the Award passed by the Reference Court is sustained.

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The respondents are at liberty to file appropriate proceedings

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for grant of rental compensation as is permissible in law.

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The Appeals are accordingly allowed to the extent of Award

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of rental compensation. No order as to costs.

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In view of the disposals of the First Appeals, the Civil Applications do not survive and stands disposed of.

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KNP/F.A. 3620......2011

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5 F.A. 3620......2011

The Executive Engineer Latur Minor Irrigation Division Latur Under Gmidc Aurangabad v. the State of Mahrashtra and Anr.

Case brief

What is this about?

What did the court decide?

The Executive Engineer Latur Minor Irrigation Division Latur Under Gmidc Aurangabad v. the State of Mahrashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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