BHIKULAL KEDARMAL GOENKA Vs. STATE OF MAHARASHTRA AND ANOTHER
LAWS(SC)-2016-7-106
SUPREME COURT OF INDIA
Decided on July 28,2016

Bhikulal Kedarmal Goenka Appellant
VERSUS
STATE OF MAHARASHTRA AND ANOTHER Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Two pieces of the appellant's (since deceased. and is now represented by his legal representatives) land measuring 2250 and 5034 sq.meters were sought to be compulsorily acquired, vide Notifications dated 30.10.1986 and 13.11.1986 respectively, issued under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). Admittedly, the purpose for which the land was acquired was to raise a structure for a primary school and to provide playgrounds therefor. Vide awards dated 31.08.1987 and 09.11.1987, the Special Land Acquisition Officer determined the market value of the land measuring 2250 sq.meters at Rs.110/ - per sq.meter. For the land measuring 5034 sq.meters, the Special Land Acquisition Officer bifurcated the same. For the land adjoining the road, he awarded Rs.140/ - per sq.meter, and for the remaining land situated away from the road, he awarded Rs.110/ - per sq.meter. In the above determination, the acquired land was divided into 18 plots, out of which six were awarded compensation at the rate of Rs.140/ - per sq.meter, and the remaining at the rate of Rs.110/ - per sq.meter.
(3.) Dissatisfied with the determination rendered by the Special Land Acquisition Officer, the appellants preferred reference under Section 18 of the Act seeking enhancement of the market value of the land. The Reference Court, by a common order dated 25.01.1996, determined the market value of the acquired land at the rate of Rs.140/ - per sq.meter. However, for adjusting the value representing large areas of the plot, the Reference Court considered it appropriate to make a deduction of 1/3rd from the total amount calculated.;


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