GENERAL MANAGER WESTERN COALFIELDS LTD Vs. SUMAN NANAJIBALKI

JUDGEMENT

(1.) The above appeals have been filed by the acquiring body against the common award dated 10th of October, 2000 passed by the 2nd Joint Civil Judge (Senior Division), Yavatmal whereby the reference sought by the respondent Nos. 1 and 2 was partly allowed. The parties shall be referred in the manner as they so appear in the cause title of the impugned judgment. The appeals are disposed of by common judgment as the references were also disposed of by the Reference Court by common judgment dated 10th of October, 2000.

(2.) The lands of the petitioners were acquired by the respondent No. 2 for the respondent No. 4 for the purpose of Ninja Open Cast Mining Development Project in the village Ukani, Tq. Wani, Dist. Yavatmal. The portion which has been acquired were with regard to First Appeal No. 361/2001 an area of 3.95 Hectares belonging to the petitioners from the property Survey under No. 274 was intended to be acquired. The portion acquired in First Appeal No. 357/2001 was 2.78 Hectares from the Survey No. 504 belonging to the petitioners therein. With regard to First Appeal No. 359/2001 an area of 3 Hectare was intended to be acquired by the respondent No. 2 in respect of the property Survey No. 126/1. All the said lands were acquired by the same notification. The notification under section 4 of the Land Acquisition Act was published in the official gazette on 10-12-1987 and the award was passed by the respondent No. 2 on 8-8-1990 in respect of the acquisition of the properties of the petitioners. By the award passed by the Land Acquisition Officer the compensation to the petitioners was awarded at the rate of Rs. 20,500/- per hectare. The petitioners sought a reference under section 18 of the Land Acquisition Act for enhancement of compensation to the tune of Rs. 50,000/- per hectare. The Reference Court after recording of evidence and hearing the parties, awarded the compensation by the impugned judgment dated 10-10-2000 at the rate of Rs. 45,000/- per hectare. The respondent No. 4 who is the acquiring body preferred the present appeals challenging the impugned judgment passed by the Reference Court.

(3.) The learned counsel appearing for the respondent No. 4 submitted that the evidence on record does not justify that the market value of land as on the date of section 4 notification was Rs. 45,000/- per hectare. It is further his submission that the Reference Court has not appreciated the evidence on record in a proper perspective and consequently came to an erroneous conclusion that the compensation payable to the petitioners was Rs. 45,000/- per hectare. It is further his submission that the reliefs granted by the Reference Court is on the basis of the sale deed at Exh.59 which is a sale deed pertaining to village Belora and not at village Ukani where the land acquired was located. He has further submitted that the petitioners themselves had produced a copy of judgment dated 31-12-1998 passed by the Civil Judge, Yavatmal in Land Acquisition Case Nos. 144/1992, 148/1992 and 150/1992 (Exh.50) wherein the compensation was awarded at the rate of Rs. 28,000/- per hectare. It is further his submission that the sale deed at Exh.51 which is located at village Ukani was at the rate of Rs. 24,000/- per hectare and as such there was no justification to award the compensation at the rate of Rs. 45,000/- per hectare. The learned counsel further submitted that the land of the petitioners had no appreciable value as the said lands were in the vicinity of the mines. It is further submitted that there was no justification for the learned Judge to rely upon the sale instances in respect of village Belora when there were sale instances of the village Ukani where the land acquired was located. The learned counsel has submitted that the impugned judgment deserves to be quashed and set aside.