STATE OF MAHARASHTRA Vs. ABHIMAN MAHIPAT KOLI

JUDGEMENT

(1.) Heard learned A.G.P. for the appellant. No one appeared on behalf of the respondent when the matter was called out for hearing.

(2.) Present appeal is preferred by the original respondent-State of Maharashtra against the judgment and award dated 21-10-1994 passed by the Civil Judge, Senior Division, Jalgaon in L.A.R. No. 117/1988. In the present case, the S.L.A.O. issued notification dated 07-08-1980 under Section 4 of the Land Acquisition Act for acquiring respondent - original claimant's land from Block No. 135/1 of village Andalwadi, Tq. Raver District Jalgaon admeasuring 89 Ares for the extension of Gavthan of village Andalwadi. After following due process of law, the S.L.A.O. passed award dated 22-09-1986 and awarded compensation in respect of the acquired land @ Rs.42,000/- per Hectare.

(3.) It is admitted position that it is the duty of the claimant to produce cogent evidence on record to show that he is entitled to enhanced compensation in respect of the acquired land. In the present case, respondent-original claimant produced two sale deeds at Exhibit- 14 dated 11-03-1981 and Exhibit-15 dated 30- 11-1977. Exhibit-14 is in respect of 30 x 17 ft. of land. Consideration stated in this sale deed is Rs.1500/- In another sale deed at Exhibit-15 land involved is 40 x 17 ft. which was sold for Rs.1500/-. With the assistance of learned A.G.P. I have gone through the Record and the Proceedings and particularly Exhibit-14 and 15 along with Exhibit-16 to 18 i.e. 7/12 extracts produced by the claimant. Both the sale deeds are not considered by the trial Court at the time of fixing market value of the acquired land. The trial Court held that both these sale instances are pertaining to plots of land already situated within Gavthan area or at the most, it can be stated that within village limits. However, present land has been acquired for extension of Gavthan limit. Therefore, both the sale deeds cannot be useful for determining market value of the acquired land. Except these two sale deeds, the respondent failed to produce any other cogent evidence to show that he is entitled enhanced compensation in respect of the acquired land. In any case, the Reference Court enhanced compensation payable to the respondent-original claimant in respect of the acquired land @ Rs.75,000/- per Hectare on the basis of future potentiality. The Reference Court in Para.24, 25, and 26 considered the potentiality factor of land for determining the market value on the date of issuing notification under Section 4 of the Land Acquisition Act.