SHALINI VAMAN GODBOLE Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) All these appeals filed under section 54 of the Land Acquisition Act, 1894 arise from the common award dated 29/4/1995 rendered by the learned Civil Judge, S.D. at Solapur in L.A.R. Nos. 64 and 65 of 1992. First Appeal No. 182 of 1996 has been filed by one of the claimants in LAR No. 65 of 1992 praying for further enhancement in the market rate as wellas for building/structures and severance. Whereas the Solapur Municipal Corporation has filed First Appeal Nos. 471 of 1996 and 212 of 1997 challenging the market rate fixed at Rs. 600/per sq.mtr. by the Reference Court and similar challenge has been raised by the State Government in First Appeal Nos. 678 and 679 of 1996. Hence, these appeals are being decided by this common judgment.

(2.) Shri Daji Umbrajkar was the owner of agricultural land in Survey No. 464, which subsequently became a part of the Municipal limits of Solapur. The said land was granted by Shri Daji Umbrajkar to Shri Ganesh Mate in the year 1875, on the condition that he would construct a Shiva Temple and would pay rent equal to the land revenue. Shri Daji Umbrajkar died shortly after the permanent lease was made in favour of Shri Ganesh Mate and Daji's son Venkat Umbrajkar had filed a Civil Suit for taking over possession of the subject land as the main condition of construction of Shiva Temple was not fulfilled. In the suit proceedings, Mate family agreed to construct the Temple and the suit was compromised. The Temple was constructed in the year 1902-1903 and the land remained with Mate family and came to be known as "Mate Baug". On the demise of Shri Ganesh Mate, the land came to be mutated in the name of his son Shri Ramchandra who begot three sons i.e. Mahadeo, Shankar and Vishnu. On the demise of Shri Ramchandra, the names of his legal representatives were entered vide Mutation Entry No. 1518 certified on 29/12/ 1952 and this clearly indicated that Mahadeo, Shankar and Vishnu, the three sons of Shri Ramchandra, succeeded to the property and their ownership was confirmed in Second Appeal No. 1278 of 1964 and Mahadeo's 1/ 3rd share was determined in a suit for partition i.e. Civil Suit No. 284 of 1980 decided on 23/9/1982.

(3.) The claimants before the Reference Court were these three brothers or their legal representatives. Part of the land renumbered as CTS No. 8457 (Part), came to be reserved for a public garden as per the development plan approved by the Government of Maharashtra in the year 1978, under Site No. 276 and Final Plot No. 123 (Part). It appears that Final Plot No. 123 (Part) admeasured 9409 sq.mtrs. and the total remainder portion of CTS No. 8457 admeasured 1 H. 20 R. On 26/10/1989 the Land Acquisition Officer issued the Notification under section 126(4) of the Maharashtra Regional Town Planing Act, 1966 (the M.R.T.P. Act for short) read with section 4 of the Land Acquisition Act, 1894 of Final Plot No. 123 (Part) admeasuring 9409 sq.mtrs. The said Notification was published in the Maharashtra Government Gazette on 7/12/1989. Out of 1 H. 20 R. land (12000 sq.mtrs.), 9409 sq.mtrs. was sought to be acquired for garden, whereas 2247 sq.mtrs. was reserved for the acquisition of D.P. Road. The remaining land admeasuring about 344 sq.mtrs. was not under any acquisition and as per the claimants it was not useful to them and being less than 1 / 10th of the total area they were entitled for severance compensation. The Land Acquisition Officer passed his award on 5/12/1991 and fixed the market rate at Rs. 120/per sq.mtr. after deducting 1789 sq.mtrs. from 9409 sq.mtrs. Thus the compensation was paid by the Land Acquisition Officer for 7620 sq.mtrs. only, but without any consideration for severance of 344 sq.mtrs.