VIJAYADEVI NAVALKISHORE BHARTIYA Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) The appellants are the owners of the land situated in Akola district. Maharashtra. The State Government Issued a notification under Section 4 of the Land Acquisition Act (the Act) proposing to acquire the lands belonging to the appellants. A notice was also issued to the appellants under Section 9 of the Act for submitting their claim to compensation in respect of the area under acquisition. The appellants submitted their claim contending that the land under acquisition was converted to non-agricultural use by the order of the Sub-Divisional Officer, Akola, dated 3-3-1983. The appellants also pointed out that by the said order, residential lay outs were sanctioned in the lands sought to be acquired and plots were also demarcated. The appellants also pointed out that the lands in question were surrounded by developed colonies with residential quarters, industries, marketyards and other commercial complexes in the near vicinity. The appellants also contended that the land is close to national highway and State bus -stand. On the said basis the appellants claimed a compensation @ Rs. 1.75 per sq. ft. Based on the claim of the appellants, the Collector who held an inquiry under Section 11 of the Act, called for information report from the Assistant director of Town Planning for determination of the compensation payable. The said Asstt. Director of Town Planning in turn referred the matter to the director, Town Planning, Pune, who as per his letter dated 20-10-2000 taking into consideration the non-agricultural potentiality of the lands and other prevailing factors, directed that the lands in question should be valued taking into consideration the non-agricultural potentiality of the land. Based on the said recommendation of the Director of Town Planning, the asstt. Director, Town Planning, evaluated the land and held that the total value of land is Rs. 21,76,622/- per hectare. The said finding was given also taking into consideration the sales transactions of the lands in the near vicinity. The Land Acquisition Officer (the Collector) on the basis of the said report, prepared a proposed award wherein he fixed the plot area as 53,991 sq. meters and fixed the valuation at Rs. 130/- per sq. meter. From the said valuation, he deducted 8% towards the period of 2 years which would be required for selling of the plots by the appellants and after giving deduction to such deferred payment, he fixed the compensation payable to the appellant at rs. 1,82,29,048/ -.