The State Of Maharashtra v. Shrikant Nagesh Bamanne And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 843 OF 1997 The State of Maharashtra .... Appellant v/s.

Nagu Jayaram Bamane (since deceased through legal heirs) :

Shrikant Nagesh Bamane and ors.

.... Respondents Ms. Tanaya Goswami, AGP for the State.

Ms. Priyanka A. Babar i/b. T.S. Ingle for the Respondents. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 04th AUGUST, 2022.

P. C. :- .

The Appellant - State has challenged the judgment and award dated 11/10/1995 in Land Acquisition Case No.151/1992. By the impugned judgment, the Reference Court has enhanced the compensation from Rs.18,000/- per hectare to Rs.36,000/- per hectare. 2.

The brief facts necessary to decide this Appeal are as under :- 3.

The State Government has acquired the land admeasuring 86 Ares from Gat No.629/13-B situated at Bagani, Taluka Walva. Notification under section 4 was published in the official gazette on 20/09/1984. The Land Acquisition Officer passed an award under 1/3

section 11 on 23/08/1988 and awarded compensation at the rate of Rs.18,000/- per hectare with interest and other statutory benefits. Considering the area of the acquired land, the Respondent-claimant was awarded total compensation at Rs.15,480/-. Not being satisfied with the quantum of compensation, the Respondent-claimant had filed Reference under section 18 of the Land Acquisition Act and claimed enhanced compensation of Rs.25,000/- per acre. The Reference Court, relied upon the sale deed dated 24/03/1983, wherein the land admeasuring 82 Acres at the rate of Rs.50,000/- per hectare. The said sale deed land pertains to the land in the same village and the sale instance was prior to section 4 notification. The Reference Court also considered the fact that the subject land was classified as Group VI.

The sale instances indicate that the price of Group VI land was between Rs.23,000/- to Rs.24,000/- as in the year 1982. Considering the raise in the price of the land, the Reference Court has determined the market value of Group VI land at the rate of Rs.36,000/- per hectare and after deducting an amount of Rs.18,000/- paid by the Land Acquisition Officer, directed the State to pay to the Respondent - claimant an amount of Rs.15,093/-.

4.

The judgment is based on the evidence on record. Moreover, the 2/3

quantum of compensation awarded is very meager. Considering these aspects and also the GR dated 03/11/2016, I am not inclined to interfere with the impugned judgment. Hence, the Appeal is dismissed. PREETI JAYANI (SMT. ANUJA PRABHUDESSAI, J.) by PREETI H JAYANI Date: 2022.08.12 16:05:12 +0530 3/3