The High Court dismissed writ petitions challenging the rejection of applications by land acquisition claimants for appointing a Court Commissioner to examine soil quality. The Court held that examination of soil via expert is not the criteria under the Act.
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
WRIT PETITION NO.3955 OF 2015
Smt. Surekha Shailendra Nitave and others.
..Petitioners
Versus
The State of Maharashtra & Ors.
..Respondents
WITH WRIT PETITION NO.3953 OF 2015 WITH WRIT PETITION NO.3954 OF 2015 WITH WRIT PETITION NO.3956 OF 2015 WITH WRIT PETITION NO.3957 OF 2015 WITH WRIT PETITION NO.4321 OF 2015
Mr. Suresh M. Kamble, Advocate for the Petitioners. Mr. S.D. Rairikar, AGP, for the Respondents-State.
CORAM : R. G. KETKAR, J.
DATE : 21st MARCH, 2016
P.C.
4321/2015 are on today's board. Writ Petition Nos.3953/2015,
3954/2015 and 3956/2015 are not on board. At the request and
by consent of parties, they are taken on board.
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market value. He submitted that in para-3 of the impugned order, learned trial Judge observed that the market value of the acquired land is to be determined on the basis of comparable sale instances. Similarly situated lands are required to be examined with reference to the crops taken therein, water facility, proximity to the road and geographical situation of the land are the important facts to be taken into consideration. He submitted that insofar as the acquisition of other lands is concerned, S.L.A.O. has awarded the compensation considering the quality of those lands. However, as far as the petitioners are concerned, S.L.A.O. has not applied the same yardstick while awarding the compensation. In order to substantiate the petitioners' claim about fertility and quality of the acquired land, it is absolutely necessary to appoint the Court Commissioner. In support of his submissions, he relied upon Sections 9 and 23 of the Act as also decision of Apex Court in the case of Special Deputy Collector and another vs. Kurra Sambasiva Rao & Ors., 1997 (6) SCC 41 .
Kamble. I have also perused the material on record.
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6. Section 9 of the Act reads thus :
“ 9. Notice to persons interested. - (1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensations for all interests in such land may be made to him.
(2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.
(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to entitled to act for persons so interested, as reside or have agents authorized to receive service on their behalf, within the revenue district in which the land is situate.
(4) In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place or business and [registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)].
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. Perusal of sub-section (2) of Section 9 shows that the Collector has to issue notice requiring the persons to state nature of their respective interests in the land and the amount
and particulars of their claim to compensation for such interests, and their objections (if any) to the measurements made under section 8 . [Emphasis supplied]
“ 23. Matters to be considered on determining compensation. - (1) In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration-
first, the market value of the land at the date of the publication of the [notification under section 4, sub-section (1)];
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secondly, the damage sustained by the person interested, by reason of the taking of any standing crops trees which may be on the land at the time of the Collector's taking possession thereof;
thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land;
fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;
fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and
sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector's taking possession of the land.
[(1-A) In addition to the market value of the land, as above provided, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on such market value for the period commencing on and from the date of the publication of the notification under section 4, sub-section (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.
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Explanation. – In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded.]”
( R. G. KETKAR, J.)
Deshmane (PS)
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2 issues framed by the court
Whether the appointment of a Court Commissioner to examine soil quality is necessary to determine adequate compensation under the Land Acquisition Act, 1894.
Whether the trial Judge erred in rejecting applications for appointment of a Court Commissioner despite provisions regarding notice and compensation factors.
Colour shows how this judgement treated each authority
Special Deputy Collector and another vs. Kurra Sambasiva Rao & Ors., 1997 (6) SCC 41Distinguished¶24
3 provisions across 2 enactments
Smt. Surekha Shailendra Nitave
The State of Maharashtra
R. G. KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
