STATE OF MAHARASHTRA Vs. ANIRUDDHA SHRIRAM GANORKAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 21st June, 1990 delivered by the Third Additional District Judge, Shri R. K. Khandarkar, Amravati in Land Acquisition Case No. 19 of 1987.

(2.) THE Field Survey No. 9 admeasuring 4 hectares and 20 ares of Mouza Mhasla, Pragane Nandgaon Peth, Taluka and District Amravati belonging to the respondents was acquired along with other land by the State Government for the purpose of establishing the Amravati University Campus. The Section 4 notification under Land Acquisition Act was published on 5 -12 -1983. This was followed by section 6 notification which came to be published on 28 -2 -1984. The possession of the land was obtained on 16 -8 -1984 by invoking emergency clause. By an Award made on 27 -3 -1986, the Land Acquisition Officer granted compensation at the rate of Rs. 40.000/ - per acre or Rs. 1,00,000/ - per hectare. Not satisfied with the quantum awarded, the respondents moved the Collector for making a reference to the Court under Section 18 of the Land Acquisition Act. According to the respondents, the amount awarded by the Land Acquisition Officer was wholly inadequate and meagre and hence, the compensation must be enhanced. The respondents also claimed that they should be paid for the entire land acquired, that is, for 4 hectares and 20 ares. The Land Acquisition Officer has fixed compensation only for land admeasuring 4 hectares and 9 ares,

(3.) - A special feature was also brought out by the respondents in the reference proceedings that the land Survey No. 9 of Mouza Mhasla is a triangular piece of land having road on two sides. This advantage of the land having double frontage was bound to fetch much better price than the instances of various sales which have been brought on record. In this respect, the respondents have referred to the following sale instances: - (i) The land admeasuring 81 Ares (2 Acres) out of Survey No. 2 of Mouza Mhasla which is just adjoining or contiguous to land Survey No. 9 of the respondents was sold on 29 -8 -1983 for Rs. 80,000/ -. This land is stated to have been sold as agricultural land. The rate as worked out was Rs. 40,000/ - per acre or Rs. 1,00,000/ - per hectare. This sale instance is also available in the schedule annexed to Award made by the Land Acquisition Officer at Survey No. 15. (ii) 20 Gunthas of land (0.20 Ares) out of Survey No. 102/2 of Mouza Wadali was purchased by Ramkrishna Gruh Nirman Sansthan for consideration of Rs. 35,600/ - on 29 -6 -1983. It may be relevant to observe that Mouza Wadali is adjacent to Mouza Mhasla and lands from either of the villages have been acquired for establishment of the University Campus. The rate of land works out to Rs. 71,200/ - per Acre or Rs. 1,78,000/ - per hectare. This sale instance is at S. No. 41 of the schedule annexed to the Award. (iii) Similarly about 1 hectare and 21 ares from Survey No. 2 of Mouza Wadali was purchased on 25 -8 -1981 for Rs. 1.26,212=50 by Waman Griha Nirman Sanstha. The rate works out to Rs. 42,000/ - per acre or Rs. 1,05,000/ per hectare. (iv) Land from Survey No. 87/2 of Mouza Wadali admeasuring 40' X 30' (1200 sq. ft.) was purchased for Rs. 14,000/ - by one Wamanrao from Pradeep on 23 -3 -1982. The rate of the plot works out to Rs. 11=66 per square foot and not Rs. 8/ - per square foot as shown in the reference. (vi) One more sale instance as referred to in the pleadings is of land admeasuring 600 square feet from Survey No. 87, Mouza Wadali, which was sold by Nilawanti Wankhede to Shamrao Bhonduji Watane for Rs. 10,000/ - on 19.10.1983. The rate of this transaction works out to Rs. 16 -66 per sq. ft. and not Rs. 15/ - per sq. ft. as written in the reference.