KAZI AKILODDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Civil Appeals call in question the correctness of the judgment dtd. 17/6/2013 of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in First Appeal No. 1210 of 2008 (filed by the appellant herein) and First Appeal No. 6 of 2009, which was a cross appeal filed by the State of Maharashtra and Ors. By the said judgment, the High Court had dismissed the appeal of the appellant. Dealing with the appeal of the State, the High Court, while allowing the same, directed that the appellant shall refund the excess amount withdrawn with interest @ 9% p.a. from the respective dates of withdrawal.

(2.) The facts lie in a narrow compass. The appellant is the owner of the land bearing Survey No.1 admeasuring 1 hectare and 1700 sq. meters (1,25,937 sq. ft.) at Mouza Akola (Bujurg), Taluk and District Akola.

(3.) A Sec. 4 notification under the Land Acquisition Act, 1894 (for short the Act) was issued for acquisition of the subject land on 3/6/1999. Prior to this, on 15/11/1998, in view of the proposal to acquire the subject land for construction of a flood protection wall, the appellant was approached for handing over the subject land on the assurance of rental compensation. On 15/11/1998, the possession was also taken. A Sec. 6 notification under the Act was issued on 2/12/1999. In the award proceedings, the appellant claimed compensation @ of Rs.500.00 per sq. ft. On 4/8/2000, the Land Acquisition Officer passed an award to the tune of Rs.5,61,000.00per hectare for the subject land, which works out to Rs.5.00 per sq. ft. (approx.). Importantly, in the award, there is no reference to the land falling under Blue Zone which has become the main issue in controversy between the parties before the Reference Court, the High Court and this Court.