MARUTI GOPALA PAWAR Vs. ASSISTANT COLLECTOR SATARA DIVISION

JUDGEMENT

(1.) Both the above appeals by grant of special leave are directed against the judgment of the Bombay High court dated 18/6/1975.

(2.) The agricultural land of the appellants was acquired for public purposes. The notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued on 30/5/1961. The possession of the land was taken on 15/1/1962. The Land Acquisition Officer awarded compensation at the rate of Rs. 5,400. 00 per acre. The claimants aggrieved against the order of the Land acquisition Officer sought reference under Section 18 of the Act claiming the compensation at the rate of Rs. 20,000. 00 per acre. The learned Civil Judge, Senior division, Satara allowed the appeal in part and awarded compensation at the rate of Rs. 10,000. 00 per acre. In arriving at the aforesaid conclusion the learned civil Judge placed reliance on an order of the Collector Exhibit 64 by which 11 acres of land had been sold to the State Transport Authority at the rate of Rs. 10,000. 00 per acre in the year 1954. Both the Assistant Collector, Satara division as well as the claimants filed appeals in the High court aggrieved against the order of the learned Civil Judge.

(3.) The High court by a common judgment dated 18/6/1975 decided both the appeals. The High court took the view that the Civil Judge was not correct in determining the compensation at the rate of Rs. 10,000. 00 per acre placing reliance on the transaction of sale made by the Collector in favour of the State transport Authority. According to the High court the principle of willing seller and willing purchaser cannot be applied in the case of a transaction of sale made by the Collector in favour of the State Transport Authority. Taking the aforesaid view the High court dismissed the appeal filed by the claimants and allowed the appeal filed by the Assistant Collector, Satara Division. The High court upheld the order of the Land Acquisition Officer and awarded compensation at the rate of Rs. 5,400. 00 per acre. Aggrieved against the order of the High court, the legal representatives of the deceased claimant have filed the above-mentioned twoappeals in this court. One appeal is against the dismissal of the appeal by the high court filed by the claimants for awarding the compensation at the rate of rs 20,000. 00 per acre and the other against the order of the High court by which the appeal filed by the Assistant Collector, Satara Division has been allowed and awarding the compensation at the rate of Rs. 5,400. 00.