Allowed

Khudbu Syed v. State of Maharashtra through Collector Latur

Bombay HC27 Nov 2014FA/29/2000

Case brief

AI extract

What is this about?

Three first appeals allowing claimingants further enhancement in compensation for land acquired for the Raigavan medium project. The court rejected the enhanced award by the reference court as too low, ordering compensation at the claimed rate of Rs. 15,000 per acre to ensure justice.

What did the court decide?

Compensation for acquired land enhanced to Rs. 15,000 per acre along with statutory benefits flowing therefrom.

Khudbu Syed Vs State of Maharashtra through Collector Latur — Land Acquisition | Bombay HC (2014)

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1 F.A.27.00

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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FIRST APPEAL NO. 27 OF 2000

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Venkat S/o Yeshwant Wayal, Age- 49 years, occu. Agricultural R/o Wadi Wagholi, Ta. Latur. ...Appellant versus The State of Maharashtra. Through The Collector, Latur ...Respondents

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WITH

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FIRST APPEAL NO. 28 OF 2000

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Bappa S/o Vithalrao Bhise, Age- 35 years, occu. Agri. 2. Appa S/o Vithalrao Bhise, Age 33 years, Occup. Agril. Both R/o Wadi Wagholi, Ta. Latur. Appellants versus The State of Maharashtra. Through The Collector, Latur ...Respondents WITH

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FIRST APPEAL NO. 29 OF 2000

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Khudbu S/o Syed, Age- 59 years, occu. Agriculture R/o Wadi Wagholi, Ta. Latur. ...Appellant versus The State of Maharashtra. Through The Collector, Latur ...Respondents

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2 F.A.27.00

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Mr. S.S. Manale, Advocate for Appellants Mr. S.P. Daund, A.G.P. for respondent -State.

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CORAM : SUNIL P. DESHMUKH, J.

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DATED : 27TH NOVEMBER, 2014

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ORAL JUDGMENT :-

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These first appeals have been filed against judgment and award dated 19^th March, 1999, in Land Acquisition Reference No. 603 of 1990 and group of matters passed by Extra Joint District Judge, Latur.

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These first appeals are filed by the claimants for further enhanced compensation in respect of their acquired lands. The lands owned by the claimants are acquired for Raigavan medium project, while land acquisition officer under his award had granted compensation to the claimants and the same has been enhanced according to appellants marginally, which are as shown

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herein below:

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Names of claimants	LAR No.	First Appeal No.	Gut No.	Land Acquire d H. R.	village	Amount granted by LAO per Hectare	Amount claimed as Market price	Amount granted by Reference court.
Venkat Harischandra Vayal	603/90	27/00	36	01=28	Wadi Wagholi	8556/-	20,000/-	11000/-
Bappa Vithal Bhise & another	604/90	28/00	21	02=99	-do-	11368/-	15,000/-	10500/-
Khudbu S/o Syed	609/90	29/00	42	01=53	-do-	11368/-	15,000/-	11000/-

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3 F.A.27.00

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The lands have been acquired for the purpose of tail channels of Raigavan medium project. Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “Act of 1894” for short) had been issued on 09-06-1983. Possession of the lands had been taken by private negotiation.

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It is the case of the claimants that land acquired is of good quality having black cotton soil of 15 feet deep, protected by bunds. The lands used to yield Kharip as well as Rabbi crops and fetching net annual income to the tune of Rs. 3000/- per acre. Village Wadi Wagholi is reasonably developed and there are facilities for education, transportation and electricity, etc. Village Wadi Wagholi is on the bank of Muruda river. Muruda river, in fact, divides two districts - Latur and Osmanabad.

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Learned counsel for the appellants submits that land acquisition officer had granted meagre acquisition compensation and the enhanced acquisition compensation granted by the reference court is only marginally higher than awarded by land acquisition officer. Learned counsel submits that, as a matter of fact, the appellants though have not demanded, would be entitled much more compensation than the rate they have asked for under the references. He points out that the lands acquired for Raigavan medium project from village Naigaon, are only at a

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4 F.A.27.00

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distance of 5 k.m. from village Wadi Wagholi, had been granted compensation at the rate of Rs. 26,000/- per acre. Though the appellants have not claimed said amount, their case be considered for such compensation. Learned counsel appearing for appellants places reliance on the case of K. Periasami Vs. SubTehsildar (Land Acquisition) reported in 1994(4) SCC 180 and contends that persons whose land was acquired may not be able to know the market price of the land, may not claim the same for various or otherwise reasons, in such a case, though claimants may not have demanded they would be entitled to the market value as determined and/or may be prevailing. It is further being contended that possession of the lands had taken by private negotiations, yet rental compensation had not been paid to the claimants. It is the contention of the learned counsel that sale instances of village Murud have been declined considering the distance between the village Murud and Wadi Wagholi. As a matter of fact, aerial distance between village Murud and Wadi Wagholi is about 2 k.m. and distance between village Naigaon and Wadi Wagholi is 3 k.m.

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On the other hand, learned Assistant Government pleader vehemently opposes the claim made by the claimants. According to him, award passed by the land acquisition officer is proper, as a matter of fact, claim as has been made by the claimants is

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5 F.A.27.00

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excessive and exorbitant. The lands are not fertile. According to the learned Assistant Government Pleader, village Wadi Wagholi is a small place and it is not a developed village having civic amenities. According to him, at the time of acquisition, value of the land was not more than Rs. 5000/- per Acre. No evidence has been put forth by the claimants to prove the claim that the acquired lands fetched rate Rs. 15,000/- per acre. The land acquisition officer had visited the spot and after proper inquiry has arrived at market price. Learned Assistant Government Pleader further submits that, as a matter of fact, the reference court having enhanced the compensation and there is no cogent evidence in support of the claim being made in the first appeal, the same are liable to be dismissed.

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On the basis of above, following point arises for my determination:

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Whether the claimants are entitled to further enhancement in compensation granted to them by Reference Court ?

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. My finding to the said point is in the affirmative, and the appeals, are therefore, allowed for the reasons given.

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In these matters, considering the case on aforesaid point, one will have to bear in mind that the claimants have demanded rate at Rs. 15,000/- per acre to their acquired land. For said

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6 F.A.27.00

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purpose, learned counsel for appellants points out that aerial distance between village Murud and Wadi Wagholi is just about 2 k.m., which learned Assistant Government Pleader, is not in a position to dispute.

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So far as determination of market price is concerned, the lands from village Naigaon Ta. Kallam, District Osmanabad are acquired for Raigavan medium project and the present acquisition is incidental acquisition for the same. Looking at the proximity of notification under Section 4 of the Act of 1894 issued for Raigavan medium project, due regard will have to be given to the price of the land and the rate as has been granted by the Reference Court for acquisition of land from village Naigaon. It is not in dispute that the distance between village Naigaon and Wadi Wagholi is not more than 3 k.m.. It also emerges that acquisition of lands for Raigavan medium project from village Naigaon has been given compensation at the rate of Rs. 26,000/per acre. Both, land acquisition officer and Reference Court have not held that acquired lands from Wadi Wagholi to be dry land. Land acquisition officer, in fact, while awarding compensation of the acquired lands has taken into account that the lands under acquisition are of good quality black cotton soil and yielding various crops.

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7 F.A.27.00

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Situation on record emerges that no documentary evidence had been produced on behalf of the State in respect of market price of the land acquired for Raigavan medium project. It is peculiar feature that there had been almost no sale instances from 1971 till acquisition of the lands from village Wadi Wagholi for Raigavan medium project. The lands concerned, in these first appeals are from group-III and group-IV, as has been classified by the land acquisition officer.

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It also emerges that Reference Court has unequivocally referred to that lands acquired are of good quality and are situated on the bank of Muruda river having black cotton soil. There are wells in the lands. Sale instance from village Murud has been considered by the Reference Court and dropped the price of the acquired land by 70%. However, there is no computation in respect of the same. While distance between Murud and Wadi Wagholi was not much in dispute, in such a case, gross reduction does not appear to be proper. While deciding land Acquisition Reference No. 330 of 1991 and other connected matters, Civil Judge, Senior Division has considered the market value of the acquired land at the rate of 26,000/- per acre which was situated at Naigaon Ta. Kallam, District Osmanabad. The lands from village Naigaon were acquired for Raigavan medium project in 1982. Reference Court has declined

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8 F.A.27.00

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to consider said decision holding that the same is not a perfect guideline for deciding the present matter, for the reason that distance was not on record in respect of village Naigaon and Wadi Wagholi. While in the present case submissions on behalf of the appellants about Naigaon being situated at a distance not more than 3 k.m., from village Wadi Wagholi is not contested with much force. Thus, though it has been appropriately considered by the Reference Court that land acquisition compensation granted by the land acquisition officer is inadequate, yet, the Reference Court has only marginally hiked the rate from Rs. 5000/- to 11000/- per acre.

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Taking into account various authorities, which have been relied on behalf of the appellants, particularly, when lands are situated in close proximity and higher amount of compensation was being granted to other land owners for the same project, particularly, while the reference court has awarded rate of Rs. 26,000/- per acre to the lands acquired from village Naigaon, which is at a distance of 3 k.m. from village wadi Wagohli, however, in the present case, the reference court has granted compensation of Rs.11,000/-per acre, the same shall be awarded to the present appellants.

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Looking at the distance between two villages, which is 3 k.m., the price granted appears dipping too low. Since claimants

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9 F.A.27.00

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have claimed Rs. 15,000/- per acre, it would be expedient that considering facilities like electricity, education and transportation available at village Wadi Wagholi the amount being demanded is quite reasonable and just. Request of learned counsel to higher compensation than demanded in this particular case taking into account various factors involved, would not to be considered looking at that the peoples being required to take longer route to reach place like Wadi Wagholi, which is other side of the high way. As such, I think it would be just, proper and convenient to accept the rate claimed by the claimants for being granted to them for acquisition of their lands. I, therefore, hold that reasonable market price on the date of notification shall be considered to be Rs. 15,000/- per acre, and the claimants shall be entitled to the same along with statutory benefits flowing therefrom.

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Appeals accordingly stand allowed and disposed of.

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Sd/-

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( SUNIL P. DESHMUKH, J. )

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MTK

Khudbu Syed v. State of Maharashtra through Collector Latur

Case brief

What is this about?

What did the court decide?

Khudbu Syed v. State of Maharashtra through Collector Latur

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

Statutes considered

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