STATE OF MAHARASHTRA Vs. RUSTOM BURZOR JOSHI

JUDGEMENT

(1.) BY this Appeal, the State of Maharashtra has taken an exception to the judgment and award dated 31st November 1999 passed by the learned Joint District Judge, Nashik, in a Reference under Section 18 of the Land Acquisition Act, 1894 ( for short "the said Act") made at the instance of the Respondents/Claimants.

(2.) A Notification under Section 4(1) of the said Act in respect of the acquired land dated 31st January 1987 was published in the Government Gazette on 26th February 1987. A Notification under Section 6 of the said Act was published on 2nd July 1987. The award was made under Section 11 of the said Act on 21st July 1989. The said subject matter of acquisition is Survey No.118/12, admeasuring 28,747 sq. meters situated at Deolaligaon, Taluka and District Nashik. The acquisition was for the public purpose of Telephone Exchange with Staff Quarters and Divisional Stores Department. The Special Land Acquisition Officer offered market value at the rate of Rs.64/per sq. meter. By the impugned judgment and award, the Reference Court has fixed the market value at the rate of Rs.200/per sq. meters.

(3.) THE learned AGP appearing for the Appellant has taken us through the entire record. He pointed out that the Respondents relied upon two sale instances of nonagricultural land having an area of 1018.50 and 695 sq. meters, respectively. He pointed out that as far as the land admeasuring 1018.50 sq. meters is concerned, the sale deed is of 26th June 1984. He urged that both the plots cannot be said to be comparable with the acquired land as the same were small layout plots which were already developed. He pointed out that on the other hand, the acquired land which admeasures 28,747 sq. meters had many negative factors including the fact that it was an agricultural land. He urged that even if the sale instance at Exhibit52 i.e. Sale Deed dated 13th January 1987 is considered, it is a sale instance of a developed layout plot of land having small area of 695 sq. meters. He submitted that considering the large area of the acquired land and considering the several negative factors in respect of the acquired land, maximum deduction of 75% to 80% will have to be made for determination of the market value of the acquired land on the relevant date on the basis of the sale instance at Exhibit52.