STATE OF MAHARASHTRA Vs. KANTILAL MANIKCHAND SHAH

JUDGEMENT

(1.) These appeals can be disposed of by a common Judgment. First Appeal Nos. 770 of 1991 and 751 of 1992 arise out of the Award made in a Land Acquisition Reference No. 4 of 1988 under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act). The acquisition relates to land bearing Plot No. 47 admeasuring 1366 sq. meters situated at village Saidapur, Taluka Khandala, District Satara. Notification under Section 4 of the said Act was issued on 18th January 1985. Award was made under Section 11 of the said Act on 8th January 1988. The Special Land Acquisition Officer by the impugned Award offered market value at the rate of Rs. 26/- per sq. meter and granted compensation of Rs. 57,229/-. In the reference under Section 18 of the said Act made at the instance of the claimant, market value was claimed at Rs. 90/-per sq. meter. By the impugned Judgment and Award, the Reference Court granted enhancement in the market value by fixing the market value at the rate of Rs. 85/-per sq. meter. First Appealno. 770 of 1991 is preferred by the State Government for challenging the said award. First Appeal No. 751 of 1992 has been preferred by the claimant seeking enhancement in the market value.

(2.) First Appeal Nos. 1048 of 1991 and 211 of 1992 arise out of Land Acquisition Reference No. 10 of 1988 under Section 18 of the said Act. Acquisition is in respect of the plot No. 6 admeasuring 607 sq. meters at village Saidapur. The date of notification under Section 4(1) of the said Act and the date of award under Section 11 is the same as in case of companion appeals. In this case, market value offered by the Special Land Acquisition Officer was Rs. 22.50 per sq. meter. Reference Court fixed the market value at the rate of Rs. 85/-per sq. meter. The First appeal No. 1048 of 1991 has been filed by the State Government for challenging the enhancement granted. The First Appeal No. 2119 of 1992 is preferred by the claimant for seeking further enhancement in the market value.

(3.) The learned A.G.P appearing for the State of Maharashtra submitted that in these cases the claimants have not adduced any evidence for discharging the burden on them to prove that the market value offered by the Special Land Acquisition Officer was inadequate. He submitted that in absence of any evidence adduced by the claimants, the learned Reference Court has erroneously relied upon the rate mentioned in a draft award made under Section 11 of the said Act. He submitted that the rate of market value in the draft award is not at all relevant. The learned Counsel for the claimant submitted that what is stated in the award is the admission of the State Government and there is a clinching admission that the market rate of Rs. 85/-per sq. meter is reasonable. Therefore, the State Government is stopped from contending that the market value of the acquired land is less than Rs. 85/-per sq. meter. He, therefore, submitted that no interference is called for in the appeals preferred by the State Government and enhancement as prayed be granted in the appeal preferred by the claimant.