STATE OF MAHARASHTRA Vs. GANPATRAO AMRITRAO DESHPANDE

JUDGEMENT

(1.) By a notification under Section 4 of the Land Acquisition Act (hereinafter called "the said Act") dated 30th Nov., 1961 land admeasuring 6 acres and 68 gunthas and bearing Survey No, 850 of village Nasik in Nasik district was notified for acquisition for the purposes of the Barhe Vibbag Jungale Kamgar Sahakari Sangh Society. In respect of the said acquisition an award was made on 5th June 1973 by the Special Land Acquisition Officer. The Special Land The State of Maharashtra vs. Ganpatrao Amritrao Deshpande (23.02.1982 -BOMHC) Page 2 of 7 Acquisition Officer took into consideration various instances of sale in the neighborhood and, after dividing the land into three balls, formed the opinion that the reasonable market value of these belts would be Rs. 500/- per gunta, R. 300/- per gunta and Rs. 200/- per guntha respectively. On the basis of this he concluded that the reasonable market value of the land at the relevant time was Rs. 11,000/- per acre. Under the heading 'Inam Land' in the award the Special Land Acquisition Officer noted that the land under acquisition was Inam land of class V which had been regranted in the name of the .'kabjedar (the respondent) who had paid an amount equal to twenty-six times the assessment of the land. Mutation entry No. 6886 dated 13th Aug., 1965 pertaining to the regrant stood certified in the village records. The land was assessed at the rate of Rs. 7.50. Twenty-six times this amount came to Rs. 105/- out of which Rs. 150/- had been regranted for agricultural purposes. The said paragraph went on to state "However it is found that the land is being used for N.A purposes since 1952-53 i.e., after abolition of the Inam category of the land. In these circumstances the land owner had to pay nazarana equal to the difference between 50% of the market value and the nazarana equal to the difference between 50% of the market value and the nazarana already paid. In this case the market value of the land comes to Rs. 72.675/- (Seventy-two thousand six hundred seventy-five only). 50% of this comes to Rs. 36,337,50 (Thirty-six thousand three hundred thirty-six thousand three hundred thirty-seven and paise fifty only). After deduction of the amount of nazarana already paid i.e., Rs. 150/- (One hundred fifty only) the amount to go to Government as Government interest will be Rs. 36,337,50 (Minus 150/-) (36.187.50) (Thirtysix thousand one hundred eightly-seven and paise fifty only). This amount of Rs. 36,187,50 should be credited to Govt to proper head of account. The holder should for No.S. use of the land.

(2.) The respondent filed a reference for enhancement of the compensation awarded under Sec. 18 of the said Act, which was heard by the Joint Judge. Nasik By his judgment and order dated 30th April 1976 the learned joint Judge rejected the respondent's claim for enhancement of compensation but declared that be was entitled to the full value of the land. In Para 16 of the judgment the learned Joint Judge stated: "Next point arises for consideration is about the amount of Rs. 36,187,50P ordered to be credited as Government interest. In pars 11 of the award it is stated that the land under acquisition was Inam land of Class V and the same is regranted in the name of Kabjedar. There is no dispute that the land has been regranted on old tenure basis to the claimant. It is not pointed out there was a restriction on allegation of the land. I am not shown any provision on behalf of the opponent by which the Government is entitled to the deduction of so per cent of the amount of the price of the land, because the land has been used for non-agricultural purposes and it has been regranted to the claimant after abolition of the Iname. In determining the compensation payable for any land under the Land Acquisition Act, the element of non-transferability of the land cannot enter into consideration. The publication of declaration under Sec. 6 as a result of removing all restrictions on the rights of the owner, Bu necessary implication, it withdraws Imam land from the purview of the grant and consequently lifts the embargo on its transferability. The Inam land stands on the same footing as any freehold land. In my vies. Therefore, the claimant is entitled to full value of the market price of the acquired land. He is entitled to claim Rs. 36,187.50P. deducted by the Government.

(3.) It is against the finding of the learned joint Judge in para 16 of his judgment that this appeal is filed by the State of Maharashtra.