State appealed against enhancement of land compensation by the reference Court under Section 18 of the Land Acquisition Act. Dismissing the appeal, the Court held that the reference Court correctly relied on sale instances in the vicinity considering irrigation facilities.
The appeals filed by the State stand dismissed.
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.
F.A.St.No.3358/2013
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
FIRST APPEAL (ST.) NO.3358 OF 2013
| 1. | The State of Maharashtra, through the Collector, Beed |
|
|---|---|---|
| 2. | The Executive Engineer, Minor Irrigation L.S. Division, Beed, District Beed |
..Appellants |
| Versus | ||
| 1. | Parasram s/o Yadav Lagad, Age Major, Occu.Agriculture |
|
| 2. | Gangubai w/o Parasram Lagad, Age Major, Occu. Agriculture, |
|
| Both R/o Hivra, Taluka Ashti, District Beed |
..Respondents | |
| - WITH - FIRST APPEAL (ST.) NO.3 |
367 OF 2013 | |
| 1. | The State of Maharashtra, through the Collector, Beed |
|
| 2. | The Executive Engineer, Minor Irrigation L.S. Division, Beed, District Beed |
..Appellants |
| Versus | ||
| 1. | Mahadev s/o Shamrao Lagad, Age Major, Occu.Agriculture, |
|
| 2. | Mhatardeo s/o Shamrao Lagad, Age Major, Occu. Agriculture, |
|
| Both R/o Hivra, Taluka Ashti, District Beed |
..Respondents | |
| Mr P | .P. More, A.G.P. for appellants |
F.A.St.No.3358/2013
2
CORAM : N.W. SAMBRE, J.
DATE : 27th July 2015
PER COURT
F.A.St.No.3358/2013
3
No.33/AA/7 for 54 R land dated 29th June 1999 for a consideration of Rs.60,000/- and the sale instance Exh.17 executed by Manohar and Vinayak on 20th August 2000 for a consideration of Rs.1 lac for 40-R land out of Survey No.37/A/1 which had irrigation facility were relied upon. The reference Court then proceeded to consider the said sale instances and upon analysis thereof, qua the location of the land that was acquired and owned by the respondents, concluded that it will be appropriate to enhance the compensation at the rate of Rs.1 lac per R, particularly having regard to the irrigation facility etc.
( N.W. SAMBRE, J.)
vvr
2 issues framed by the court
Whether the enhancement of compensation awarded by the reference Court under Section 18 of the Land Acquisition Act was without basis due to the sale instances not being in close proximity.
Whether the reference Court properly considered the location, irrigation facility, and cropping pattern in determining the enhanced compensation.
1 provisions across 1 enactments
STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND THE EXECUTIVE ENGINEER MINOR IRRIGATION L.S. DIVISION BEED
PARASRAM S/O YADAV LAGAD AND GANGUBAI W/O PARASRAM LAGAD
MAHADEV S/O SHAMRAO LAGAD
MHATARDEO S/O SHAMRAO LAGAD
N.W. SAMBRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
