STATE OF MAHARASHTRA Vs. KISAN BABURAO BODKE
LAWS(BOM)-2017-12-219
HIGH COURT OF BOMBAY
Decided on December 22,2017

STATE OF MAHARASHTRA Appellant
VERSUS
Kisan Baburao Bodke Respondents

JUDGEMENT

K K Sonawane, J. - (1.) This appeal is directed against the judgment and award dated 9.11.2011 passed by the learned Civil Judge (S.D.), Sangamner in LAR No.106 of 2001 (old 226 of 2001) filed for enhancement of compensation under Section 18 of the Act 1894, 1894 (for short, "Act 1894").
(2.) The agricultural land Gat No. 345 admeasuring 0.75 R and Gat No. 349 admeasuring 1.00 R belonging to the claimants were acquired by the appellant/State of Maharashtra for construction of "Mhaswandi Percolation Tank" at village Mhaswandi, Taluka Sangamner, Dist. Ahmednagar. The notification under Section 4 of the Act 1894 was published in the Govt. Gazette on 10.4.1997. After compliance of procedural formalities prescribed under the Act 1894, the SLAO No.3, Ahmednagar declared the award under section 11 of the Act 1894 and determined the market value of the land under acquisition @ Rs. 36,700/- Per Hectare as well as 41,700/- Per Hectare. The claimants did not accept the market value calculated by the SLAO and accepted the compensation under protest. Thereafter, claimant preferred the Reference Petition under section 18 of the Act 1894 for enhancement of compensation.
(3.) According to claimants their lands under acquisition were fertile and irrigated lands but the Land Acquisition Officer failed to appreciate quality and yielding capacity of the lands. There was an water source available in the agricultural lands of the claimants under acquisition. According to claimants, the Land Acquisition Officer did not appreciate those circumstances in proper manner and committed error by awarding meager compensation amount. The claimants claimed market value @ Rs. 2 Lakhs per hectare for their acquired lands. The claimant Kisan Bodke adduced his evidence on oath. He also produced certified copy of comparable sale instance executed in the year 1992 in respect of agricultural land Gat NO. 48, of village Mhaswandi, In refutal, the Land Acquisition Officer stepped in to the witness box and supported the award declared by him under Section 11 of the Act. The learned Reference Court considered the attending circumstances on record in the light of evidence adduced on record and arrived at the conclusion that acquired lands of the claimants should get market value of Rs. 2 Lakhs per hectare, which would be reasonable and proper market value for the lands located within the vicinity of Mhaswandi village. Accordingly, the learned Reference Court, passed the impugned judgment and award the legality, validity and propriety of which is under challenge in this appeal.;


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