SONDA SURA BHARWAD Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) By filing this petition, the petitioner has challenged the award dated 7th June 2002 passed by the Land Acquisition Officer under section 11 (2) of the Land Acquisition Act [hereinafter referred to as the Act] in LAQ Case No. 1 of 1998 on the ground that though the petitioner was required to be paid adequate compensation treating the land in question as irrigated land, the land in question is treated as non-irrigated land and the award declared by the Land Acquisition Officer is, therefore, required to be quashed and set aside and the State Government is required to be directed to pay adequate compensation to the petitioner under the Act at a particular rate treating the land in question as irrigated land instead of treating the same as non-irrigated land.

(2.) The State Government had acquired the land of the petitioner for a public purpose. Proceedings under the Act were initiated by issuing notifications under sections 4 and 6 of the Act. Ultimately, at the time of declaring the award, the petitioner was informed by the Land Acquisition Officer that the Government was willing to offer the amount at the rate of Rs.30,000/- per vigha, by letter dated 15.2.2002. The petitioner, by the said communication, was called upon to inform the Department whether he was agreeable to accept compensation at the said rate. It is clearly mentioned in the aforesaid letter that in case the petitioner fails to accept the offer within the stipulated time, regular award would be declared under the Act. Subsequently, on 7.6.2002, the petitioner appeared before the Special Land Acquisition Officer and executed an agreement under under section 11 (2) of the Act [a copy of which is at pages 70-74 of the compilation of this petition] whereby the petitioner had agreed to accept the rate as offered in the communication dated 15.2.2002. On the basis of the said agreement executed by the petitioner on 7.6.02, the Special Land Acquisition Officer declared the award under section 11 (2) of the Act. The said award is also declared on 7.6.2002. It is not in dispute that the amount offered by the Government on the basis of the said award declared on 7.6.2002 under section 11 (2) of the Act has also been accepted by the petitioner. As a matter of fact, it is pointed out by the learned Assistant Government Pleader that the amount was withdrawn by the petitioner without any objection on 27.2.2002.

(3.) Mr. Sheth for the petitioner has vehemently argued that at an earlier point of time, an agreement was entered into between the petitioner, and Deputy Executive Engineer, Executive Engineer and Deputy Collector, Land Acquisition, a copy of which is at pages 28-32 of the compilation of the petition. The said agreement is dated 15.6.2001 and by the said agreement, rate determined was Rs.1875/- per Are for non-irrigated land and Rs.2812/for irrigated land. He has submitted that the Special Land Acquisition Officer was bound to declare the award as per the said agreement, which was entered into in the year 2001. He has further submitted that there is documentary evidence in the form of revenue records which justifies the say of the petitioner that the land in question is irrigated land, and, therefore, the award should have been declared accordingly.