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Judgment
Heard. With the consent of learned counsels for the respective parties, this matter is taken up for final disposal.
In the present appeal, the appellants have challenged the judgment and award dated 23.03.2006 passed by the learned Reference Court, in Land Acquisition Case No.491 of 2003.
By way of the present appeal, the claimants are seeking enhancement of compensation awarded by the learned Reference Court. The undisputed facts of the present matter are that the appellants were in possession of Plot No.62 of open area 13.00 Sq. Mtr. and the constructed area was 59.20 Sq. Mtr. As such, the total area was 72.20 Sq. Mtr. The said land was acquired by respondent No.3 for the Bembla Project.
It is stated that in the land acquisition proceedings, a notification under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”), was issued on 04.02.1999 and after following the procedure prescribed, the Land Acquisition Officer had awarded compensation at the rate of Rs.75/- per Sq. Mtr. for plot and a lump-sum amount of Rs.1,20,432/- towards the construction.
The appellant being not satisfied with the compensation awarded by the Land Acquisition Officer, has preferred a Reference in the matter under the provisions of the Act. The said Reference was registered as Land Acquisition Case No.491 of 2003 and the same was finally decided by the impugned judgment and award. The learned Reference Court by the impugned judgment has awarded Rs.23,600/-, in addition to the compensation already granted to the appellants in respect of the award amount regarding the acquired property along with 30% solatium on the enhanced amount.
Learned counsel for the respondent-Acquiring Body, objected the enhancement claimed by appellant. It is a submission that the learned Reference Court has considered all the controversy involved in the matter and considering the prevailing rate at the relevant time, has awarded just and fair compensation. Therefore, according to the respondent, there is no need of any interference of this Court in the matter.
In the background of the above said factual position, the appellants have pointed out that this Court has dealt with an identical matters pertaining to the same village Dighi, Taluka Babhulgaon, Dist. Yavatmal, acquired for the same project i.e. Bembla Project.
According to the appellants, this Court has quantified the compensation at the rate of Rs.500/- per Sq. Mtr. for open plot and 25% increase on the amount of construction granted by the Land Acquisition Officer, for the constructed area. As such, according to the judgment delivered by this Court in First Appeal No.819 of 2015 Executive Engineer, Bembla Project Division Vs. Bhavrao S/o. Shivram Bhagat decided on 19.07.2019, First Appeal No.256 of 2016 Executive Engineer, Bembla Project Division Vs. Champat Maroti Depoare (Dead) Through Lrs. decided on 30.07.2019 and First Appeal No.61 of 2020 Ashatai W/o. Sahebrao Choudhary Vs. The State of Maharashtra and Others decided on 15.01.2020, granted same compensation. Therefore, the appellants state that the present case is covered by the judgments delivered by this Court and they are entitled for the same compensation in the matter.
Learned counsel for the respondent do not dispute this factual aspect, which is pointed out by the learned counsel for the appellants.
Perusal of the record and the judgments which are relied upon by the present appellants, seem to be arising out of the same acquisition proceedings and also of the same village. Therefore, I am of the opinion that the appellants are entitled for the enhancement to the extent of Rs.500/- per Sq. Mtr. for the open land and 25% increase on the amount of construction granted by the Land Acquisition Officer. Hence, I pass the following Order :-
O R D E R
The First Appeal No.252 of 2023 is partly allowed.
The impugned judgment and award dated 23.03.2006 passed by the learned Reference Court, in Land Acquisition Case No.491 of 2003, stands modified to the extent that the appellants shall be entitled for compensation at the rate of Rs.500/- per Sq. Mtr. for open plot and 25% increase on the amount of construction which is acquired by the Land Acquisition Officer, in the matter.
The enhanced compensation shall be deposited by the respondent(s) within a period of four months from today.
Needless to mention that the amount already awarded and withdrawn by the appellants, shall be deducted from the enhanced compensation. Rest of the judgment and award passed by the learned Reference Court, is hereby confirmed.
As there was a delay of 5016 days on the part of the appellants in approaching this Court, hence, for the said period the appellants would not be entitled for any interest on the enhanced compensation.
Accordingly, the first appeal stands disposed of. No order as to costs.