RAJANNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred, against judgment and award dated 31.1.1994, passed by the learned Civil Judge Senior Division, Yavatmal (for short ''Reference Court ''), in Land Acquisition Case No.6 of 1989, by appellant - Rajanna Aguwar, whereby the learned Civil Judge Senior Division, Yavatmal, by its impugned judgment and award, directed the State of Maharashtra to pay enhanced amount of compensation for the acquired land bearing Survey No.18/2 admeasuring 3.50 HR from village Sakhara. The land was acquired for the purpose of viz. ''Construction of Percolation Tank '' of Sakhara. The notification under Section 4 of the Land Acquisition Act (for short, ''the Act ''), was published on 4.2.1983 and the owner of land had claimed the compensation in the sum of Rs.12,000/ - per acre i.e. Rs.30,000/ - per hectare. Apart from the compensation, the owner of the land had claimed Rs.10,000/ - for 4 stone bandhis and 50 teak trees at the rate of Rs.10,000/ - per teak tree.

(2.) IT is not in dispute, that during cross examination, the land owner admitted having cut and fell 50 tick trees and carried away, therefore, there was no claim for compensation in respect of the tick trees, and it was limited to acquire the land. It was claimed that in the year 1982 -83 some sale instances occurred at village Sakhara and in Kelapur about two kilometers away from Sakhara. The land admeasuring 1.20 HR was sold for Rs.30,000/ -. The claimant had also relied upon subsequent sale transaction which occurred in the year 1985 -86 in order to claim enhanced amount of compensation for the land acquired.

(3.) THE learned counsel for the further submitted that for grant of compensation, Section 23 of the Act, mentions about the matter to be considered and he prayed for enhancement of the compensation at least in the sum of Rs.18,000/ - to Rs. 20,000/ - per hectare on the basis of the average of the said transaction in evidence at Exhs.60 and 64. Under Section 23 of the Act, as applicable to the State of Maharashtra, the market value of the land as on the date of the notification under Section 4 and the use of the land to which it was put on the date of the declaration damage sustained by the person interested when position of the land was taken from him and in consequence of the acquisition of the land needs consideration. The Court determining the amount of compensation to be awarded is obliged to consider the market value of the land on the date of the notification.