MURLIDHAR PANDHARINATH SHIRSATH Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal arises from the award passed in Land Acquisition Reference No. 86 of 1984 by the learned Joint District Judge at Nasik thereby enhanced the compensation for the appellant s land acquired from Rs. 6,500/- per hectare to Rs. 15,000/- per hectare. Brief facts leading to this appeal are as under : On or about 30-1-1983 the State Government issued the notification under Section 4 for acquisition of land for requirement of Sinnar Taluka Industrial Area and the notification under Section 6 of the Land Acquisition Act, 1894 ("the Act" for short) was issued on 12-5-1983. Under the said notification land admeasuring 16H and 32R in Gat No. 922 of village Musalgaon was sought to be acquired from ownership of the appellants. The land acquisition officer passed his award on 7-6-1983 and fixed the compensation at the rate of Rs. 6,500/- per hectare for jirayat land and Rs. 200/- per hectare for Potkharaba land. The appellants not being satisfied by the said compensation and on receiving award on 23-9-1983 sought reference for enhancement and, accordingly, Land Reference No. 86 of 1994 came to be allowed by the impugned order.

(2.) The claimants had examined, claimant No. 1 Murlidhar Pandarinath (C.W.1 Exh.19), Pundlik Kokate (C.W.2 Exh.20) and Hanmanta Shirsat (C.W.3 Exh.25) whereas the State examined Punja Sangale (D.W.1 Exh.33), Vishnu Londhe (D.W.2 Exh.35), Dasharath Shirsat (D.W.3 Exh.45) and Namakaran Aware (D.W.4 Exh.46). Namkaran Aware was employee of Sinnar Taluka Industrial Co-operative Society. The claimants in support of their case for enhancement of compensation had relied upon some sale instances and those were not relied upon by the Reference Court. Similarly, D.W.1 and D.W. 3 were witnesses, who were owners of adjoining land i.e. Gat Nos. 921, 923 and 924. These witnesses were examined in support of the award passed by the land acquisition officer and so as to find out that the market value of the acquired land in village Musalgaon was about Rs. 2,500/- per acre at the relevant time. Even these sale instances have not been relied upon by the reference Court on the ground and as admitted by the witnesses that they had sold the land to the Cooperative Industrial Estate on concessional rate and with a promise that one member of the family would be employed in the proposed industrial units. The claimants had also placed on record the notice issued by the Tahsildar to one land owner regarding payment of deficit stamp duty on sale transaction of land and as per the said notice, the land value was shown to be Rs. 39,000/- per hectare. This notice has not been relied upon by the reference Court.

(3.) Mr. Gorwadkar, learned Counsel for the appellants invited our attention to the sale transaction of plot of land admeasuring 1000 sq. mtrs. and the sale value was shown as Rs. 8/- per sq.mtr. This was based on the evidence of C.W. 2 Pundlik Kokate and the sale transaction was dated 10-1-1983. On the basis of the same sale instance, the claimant has claimed that value of the land was Rs. 80,000/- per hectare. The Reference Court did not consider the said sale instance for the reasons that the plot of land was located in Sinnar Town itself whereas the land under acquisition was at the distance of 5 Kms. from Sinnar town, in addition to the fact that it was very small plot of land admeasuring about 1000 sq. mtrs. We have noticed that the reference Court solely relied upon the earlier award passed in Land Reference No. 143 of 1978 in respect of land acquired from village Khopadi on the said Bombay Shirdi road for Khopadi percolation tank. This acquisition was of the year 1975-76 and in the award passed the land value was recommended at Rs. 20,000/- per hectare for Bagait land and Rs. 10,000/-for jirayat land. Though there was evidence of the architect of the proposed industrial estate to the effect that the procured land development was about Rs. 22/- per sq.mtr., the reference Court accepted Rs. 10,000/- per hectare as appropriate compensation amount payable in the year 1975-76 in respect of the jirayat land. The Reference Court proceeded to give appreciation to the extent of 50% and accordingly fixed the compensation amount at Rs. 15,000/- per hectare.