- (1.) THIS first appeal is directed against a dismissal of a reference under section 18 of the Land Acquisition Act, 1894 by the judgment of the learned Assistant Judge, Akola, delivered on 30th April, 1984. The lands in question bearing Survey No. 40 of mouza Akoli Khurd admeasuring five acres came to be acquired for the rehabilitation of displaced person from the project of the Punjabrao Krishi Vidyapeeth Agricultural University. A notification under section 4 of the Land Acquisition Act, 1894 was issued on 16th May, 1974. The declaration under section 6 of the Act was issued on 23rd September, 1976. The Award of the Land Acquisition Officer was made on 20th December, 1982. The original claimant made a claim on the basis of the market value of the land computed at the rate of Rs. 5,000/- per acre. In the Award, the Special Land Acquisition Officer granted to the original claimant compensation at the rate of Rs. 2,400/- per acre. In the reference under section 18 of the Land Acquisition Act, a claim at the rate of Rs. 10,000/- per acre came to be made. By the impugned judgment dated 30th April, 1984, the reference has been dismissed by the learned Assistant Judge, Akola. The judgment of the Reference Court is a common judgment delivered in a batch of references, each of which has been dismissed. The appellant, as already noted earlier, had made a claim before the Special Land Acquisition Officer for compensation on the basis of the market value of the land which, according to him, was Rs. 5,000/- per acre. Under the provisions of section 25 of the Land Acquisition Act, 1894, as they then stood, the appellants would be disentitled to claim in the reference compensation at the rate which was higher than what had been claimed in the Award proceedings. The provisions of section 25 came to be amended in 1984 and after the amendment, the only embargo that has now been imposed is that the maximum awarded by the Reference Court shall not be less than what has been awarded by the Collector in the acquisition proceedings. However, the learned Counsel for the appellant has fairly drawn the attention of this Court to the recent judgment of the Supreme Court in (Airports Authority of India v. Satyagopal Roy and others) A. I. R. 2002 S. C. 1423. The Supreme Court has held that section 25 is a substantive provision and in order that the benefit of the amended provision would enure to the claimant the acquisition should have commenced after 24-9-1984. In the present case, the acquisition having been commenced by the issuance of a notification under section 4 of the Act, on 16th May, 1974, the appellants would be disentitled to claim anything in excess of Rs. 5,000/- before the Reference Court. About this position, there is no dispute. None has been raised in the submissions, on this aspect.
(2.) NOW coming to the merits of the claim for enhancement, it would be necessary to briefly advert to the evidence which was adduced before the Reference Court. On behalf of the appellants, the first witness who deposed in the case was Ghulam Abid, the son of the original appellant Ghulam Nabi. He deposed to the effect that there is a well situated in the field and that the canal of the Morna project passes through the field. The witness stated that two crops were being obtained during the Kharif and Rabi seasons respectively and about 15 acres of the field was under canal irrigation. The witness stated that vegetables were being grown in an area comprised of five acres and from the well water a wheat crop was being obtained to the extent of about ten acres. The witness claimed that a net profit of Rs. 2,000/- per acre was being made from the lands in question. Insofar as the location of the lands is concerned, the witness stated that the Akola Loni passes by the side of the field and that the Akola Washim Road is situated two fields away. The witness stated that the field was only one mile away from the city Kotwali of Akola and four to five furlongs from the octroi check post of Akola Municipality. The witness also stated that development had taken place in the locality even beyond his field and that a colony known as Gadge Nagar was two fields away from the field. According to him the market value of the land in the year 1974 would be between Rs. 15,000/- to Rs. 20,000/- per acre.
(3.) RELIANCE was sought to be placed on a sale instance relating in the present case to a field bearing Survey No. 30. The sale instance was of 15th December, 1972 and under the sale transaction land to the extent of two acres comprised in the aforesaid survey number was sold at and for a consideration of Rs. 15,000/- per acre. The vendor, Shaikh Hamza, deposed in evidence. His evidence was to the effect that the field in question in the sale instance had black cotton soil and that the lands at Akoli Khurd (the lands in acquisition) were somewhat of an inferior nature. The witness produced the relevant extract from the index register relating to the said transaction. The witness stated that there was a strip of 100 feet between his field and the road and that houses had been constructed on that strip of land almost fifteen years ago. He adverted to the fact that a layout had been prepared thereon by several persons and plots within the layout had been sold in order to give way to the construction of houses. The witnesses stated that on the date of his deposition Survey No. 30 was within the Municipal area and was duly provided with electric and water connections.;