LILDHAR PANDURANGI POHANE Vs. STATE OF MAH.THR.COLLECTOR
LAWS(BOM)-2017-7-30
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on July 07,2017

Lildhar Pandurangi Pohane Appellant
VERSUS
State Of Mah.Thr.Collector Respondents

JUDGEMENT

- (1.) By this appeal preferred under Section 54 of the Land Acquisition Act, 1894, appellant-the original claimant is challenging the judgment and award dated 06/03/2006 passed by the 2 nd Ad-hoc Additional District Judge, Wardha in LAC No.278 of 2001, being partly aggrieved by the said judgment and award in so far as it relates to disallowance of his claim for enhancing the amount of compensation.
(2.) Brief facts of the appeal can be stated as follows : Appellant is the owner of the field bearing survey No.10 admeasuring 7.35 hectare situated at village Pimpalgaon, Tahsil Arvi, Dist. Wardha. By virtue of notification issued under Section 4 of the Land Acquisition Act on 23/10/1997 which was published on 29/04/1998 and in pursuance of notification issued under Section 6 of the said Act on 29/04/1999, the land of the appellant was proposed to be acquired. Accordingly, notice under Section 9 of the Act was issued to the appellant, whereupon appellant filed his objection before the Land Acquisition Officer on 19/05/1998. The Spl. LAO, vide award dated 30/11/2000, granted compensation of Rs.23,29,614/- including the cost of land and cost of orange and other trees, in addition to the cost of stone bandhs and solatium at the rate of 30% and special component interest at the rate of 12% per annum from 29/04/1998 to 30/11/2000.
(3.) Being not satisfied with the meagre amount of compensation awarded by the Spl. LAO, the appellant approached the Reference Court contending inter alia that the market value of the land cannot be less than Rs.2,00,000/- per hectare. It was submitted that the acquired land of the appellant is irrigated one as the well is situated therein. However, Spl. LAO has committed an error in classifying the land into three categories of dry crop land, seasonally irrigated land and perennially irrigated land. This classification was misconceived and not warranted. As a result the Spl. LAO has given different amounts of compensation by dividing the acquired land in these three categories. The said amount of compensation is totally against the actual market value of the acquired land and hence having regard to the evidence on record it should be enhanced to Rs.2,00,000/- per hectare.;


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