HASANALI WALIMCHAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This order will dispose of both appeals as they arise out of the same judgment and order of the High Court of Bombay, dated 26-9-1979.

(2.) Land measuring 14 acres and 9 Gunthas, which is subject-matter of these appeals, situate in village Kedgaon, Taluka Nagar, District Ahmednagar, Maharashtra was acquired by the State. Notification under Section 4 of the Land Acquisition Act (hereinafter the Act) was issued on 1-3-1969. Notification under Section 6 of the Act was published in the gazette on 26-6-1969. The land was acquired for public purpose for extension of living place for the population as also for construction of Government godowns. The Land Acquisition Collector, vide Award dated 29-9-1970 determined the market value of the land at Rs. 3,000/- per acre and Rs. 3200/- per acre. Compensation amounting to Rs. 49,301/- was awarded. Aggrieved by the Award of the Land Acquisition Collector, the claimants sought a reference under Section 18 of the Act. The learned Joint Civil Judge, vide his Award dated 28th August, 1971, determined the market value @ Re. 1/- per square foot, inter-alia after taking into account rates fixed by a Co-operative Housing Society for sale of plots by it to its members and outsiders in the vicinity of the acquired land. The reference Court awarded a total compensation of Rs. 6,16,118.60 ps. The respondent-State approached the High Court against the award of the reference Court. On 26-9-1979, the High Court set aside the award of the reference Court made under Section 18 of the Act and restored that of the Land Acquisition Collector, dated 29th September, 1970. Hence, these appeals by specials leave by the claimants.

(3.) Mr. Krishan Mahajan, learned counsel appearing for the appellants has assailed the judgment and order of the High Court principally on the ground that the High Court failed to take into account future potentiality and instead based itself only on the realized possibility and thus committed an error. Learned counsel has, in support of his contention, relied on State of Orissa v. Brij Lal Misra, (1995) 5 SCC 203 and P. Ram Reddy v. Land Acquisition Officer, Hyderabad Urban Development Authority, Hyderabad, (1995) 2 SCC 305 . Both the judgments do support the submission of Mr. Mahajan.