STATE OF MAHARASHTRA Vs. NANA BAL PATIL@ RANE

JUDGEMENT

(1.) ON the earlier date, we had heard submissions of the learned AGP appearing for the State of Maharashtra and the learned counsel appearing for the original Claimants. The challenge is to the common Judgment and Order dated 6th December, 2000 passed by the learned Additional District Judge, Raigad at Alibag by which the References under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act") were decided.

(2.) THE notification under section 4(1) of the said Act was published on 26th November, 1987. The acquired lands are situated at village Morbe, Taluka - Khalapur, District - Raigad. The purpose of acquisition was for construction of Morbe Dam. The Award under section 11 of the said Act was made on 3rd September, 1999. The market value at the rates of Rs. 4/- to Rs. 5/- per sq. meter has been offered under the Award. The Claimants did not accept the market value and, therefore, at their instance, the references under section 18 of the said Act were made. The market value was claimed by them at the rate of Rs. 100/- per sq. meter. By the impugned Judgment and Order, the market value has been fixed at the rate of Rs. 20/- per sq. meter and 60% of the amount of compensation has been made payable to the tenants in case of tenanted land.

(3.) LEARNED counsel appearing for the Respondents Claimants submitted that even perusal of the Award made under section 11 of the said Act will show that there were no instances of sale of the lands in the same village as the fact that the lands in the said village were likely to be acquired for construction of dam was known for several years. He submitted that there is enough evidence on record to show that the acquired lands had non-agricultural potential and there was all around growth near the village. He invited the attention of the Court to the evidence of the Respondents Claimants as well as the evidence of the expert witness. He submitted that due to impending acquisition, there were no sale instances of the sale of the lands in the same village and therefore, the Claimants cannot be blamed. He urged that in the circumstances, the sale instances of lands in the adjoining villages were required to be considered. He submitted that the village Morbe is a part of group Grampanchayat of village Chowk and the market value reflected from the sale instance of 1980 is Rs. 64/- per sq. meter. He urged that judicial notice will have to be taken of the fact that there was a steady increase in the market value of the lands in the village Morbe. He submitted that even if a rise is taken at the minimum rate of 10% per year, taking the rise on cumulative basis, the market value of the acquired land will be not less than Rs. 100/- per sq. meter. He placed reliance on a decision of the Division Bench of this Court in the case of State of Maharashtra vs. Trimbak Joma Thakur, deceased through L.Rs. Dasharath Trimbak Thakur and others, 2007(5) Mh.L.J. 187. He, therefore, urged that the Appeals preferred by the State Government will have to be dismissed and the Cross Objections/Appeals preferred by the Claimants will have to be allowed by granting market value at the rate of Rs.100/- per sq. meter.