HANMANTH BHIMRAO SATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The agricultural lands, situated at village Makni, taluka Omerga, district Osmanabad, were acquired by the State for public purpose i. e. of Lower Terna Project. Notification under section 4 (1) of the Land acquisition Act, 1894 (hereinafter referred to as "the Act of 1894" for short) , was issued on October 30, 1980. After following the procedure laid down under the provisions of the Act of 1894, undisputably award under section 11 of the Act of 1894 was passed on February 20, 1982. The compensation was offered by the special Land Acquisition Officer, by issuing notice under section 12 (2) of the Act of 1894 to the persons interested. The amount of compensation was received under protest by the persons interested, and thereafter had filed applications for enhancement of compensation under section 18 of the Act of 1894. These applications were transferred by the Special Land Acquisition Officer to the learned District Judge at Osmanabad and in turn, they were made over to the learned Joint Civil Judge, Senior Division, Osmanabad. These were five Land acquisition References bearing Nos. 240/83, 239/83, 241/83, 243/83 and 242/83. All these Land Acquisition References were heard together and are decided and disposed of by common judgment and award passed by the learned Joint Civil judge, Senior Division, Osmanabad, on July 13, 1990. All these Reference applications were partly allowed, holding that the market value, on the date of notification under section 4 (1) of the Act of 1894, was Rs. 5,000/- per acre for dry crop land and Rs. 6,000/- per acre for irrigated land. The petitioners/claimants were held entitled for additional component at 12 per cent per annum as per section 23 (1) of the Act of 1894. The petitioners were also held entitled for solatium at the rate of 30 per cent and interest at 9 per cent per annum over the enhanced amount of compensation. This common judgment and award, passed in above noted Land Acquisition References, was challenged by filing these five first appeals. First Appeal No. 92 of 1992 is arising out of Land Acquisition Reference no. 242 of 1983, First Appeal No. 93 of 1992 is arising out of Land Acquisition reference No. 241 of 1983, First Appeal No. 94 of 1992 is arising out of Land acquisition Reference No. 240 of 1983, First Appeal No. 95 of 1992 is arising out of Land Acquisition Reference No. 243 of 1983 and First Appeal No. 96 of 1992 is arising out of Land Acquisition Reference No. 239 of 1983.

(2.) The Special Land Acquisition Officer, while passing the award under section 11 of the Act of 1894, worked out the market price of irrigated land at the rate of Rs. 3,500/- per acre and Rs. 3,000/- per acre for dry crop land and accordingly awarded the compensation.

(3.) In First Appeal No. 92 of 1992, land to the extent of 3 H. and 20 R. out of land Survey No. 206/a/2, was acquired and being irrigated, compensation at the rate of Rs. 3,500/- was awarded. It was an amount of Rs. 39,374. 90 ps. The claim made by the appellant (s) in First Appeal No. 92 of 1992 in trial Court was to the extent of Rs. 1,58,025/-, however, was restricted to Rs. 1,50,000/ -. The trial court has awarded the compensation at the rate of Rs. 6000/- per acre for irrigated land i. e. amount of Rs. 20,000/- was awarded by the trial Court. Here in the High Court in Appeal No. 92 of 1992 the claim made by the appellant is for deficit amount of Rs. 1,30,000/ -. First Appeal No. 93 of 1992, relates to Land Acquisition Reference No. 241 of 1983. Agricultural land bearing S. No. 111/c admeasuring 3h 27r, a dry crop land was acquired along with land to the extent of 0 H 45 R. out of S. No/200/2/2 being an irrigated land. An amount of Rs. 28,184. 20 Ps. was awarded by the Special Land Acquisition Officer to the appellant. Appellant had filed claim for enhancement to the extent of Rs. 1,06,065. 80 Ps. However, had restricted his claim to the extent of Rs. 60,000/- in the trial Court. The trial Court worked out the market value of the irrigated land at the rate of Rs. 6000/- per acre and for dry crop land at the rate of Rs. 5,000/- and awarded an amount of Rs. 19,440/- to the appellant. The appellant had filed this appeal No. 93 of 1992 seeking enhancement to the extent of Rs. 40,560/ -. Appellant in First Appeal No. 94 of 1992 had filed Land Acquisition reference no. 240 of 1983. S. No. 200/1/3 admeasuring 0 H 44 R. and S. No. 111/b admeasuring 3 H 28 R. was the subject-matter of the acquisition. Special land Acquisition Officer had awarded amount of Rs. 29,412/- against the claim of the appellant in the trial Court to the tune of Rs. 82,587. 70 Ps. restricted to Rs. 60,000/- only. The trial Court had awarded compensation at the rate of Rs. 6,000/- per acre amounting to Rs. 26,387. 70 Ps. Appellant had filed this appeal for enhancement to the extent of deficit amount of Rs. 33,612. 30 Ps. Appellant in First Appeal No. 95 of 1992 had filed Land Acquisition reference No. 243 of 1983. S. No. 201/1 admeasuring 0 H 29 R. irrigated land and S. No. 111/b admeasuring 3 H 27 R. a dry crop land was the subject-matter of acquisition. Special Land Acquisition Officer had awarded amount of rs. 27,696. 75 Ps. Appellant therefore had claimed amount of Rs. 76,553. 25 Ps, however, had restricted his claim to Rs. 50,000/ -. The trial Court had awarded amount of Rs. 70,228. 25 Ps. Appellant in this Appeal No. 95 of 1992 has claimed deficit amount of compensation to the extent of 32,771. 75 Ps. Appellants in First Appeal No. 96 of 1992 had filed Land Acquisition reference No. 239 of 1983. Land admeasuring 3 H 89 R. out of S. No. 110 a dry crop land was the subject-matter of acquisition. The Special Land Acquisition officer had awarded amount of Rs. 33,228. 87 Ps. Their claim in Land acquisition Reference No. 239 of 1983 was for the amount of Rs. 64,021/-however, they restricted their claim to Rs. 49,000/ -. The trial Court had awarded amount of Rs. 15,396. 13 Ps and this appeal in High Court is filed for deficit amount of Rs. 24,703. 87 Ps. Undisputably, the date of passing of award under section 11 of the Act 1897 is February 20, 1980.