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Judgment
By the present appeal, the claimant has challenged the judgment and award passed by the Reference Court in Land Acquisition Case No. 459 of 2006, to the limited extent of seeking enhancement of compensation.
The undisputed facts are that the appellant is the owner of land admeasuring 3 H 95 R from Gat No. 230/1 situated at Mouza Dabha, Tahsil Babulgaon, District Yavatmal. The said land was acquired for the Bembla Project. A notification under Section 4 of the Land Acquisition Act was issued on 02.03.2000 and a declaration under Section 6 came to be issued on 29.06.2000. In the said acquisition proceedings, the entire land belonging to the appellant was acquired for the project. The Land Acquisition Officer awarded compensation of Rs.2,25,746/-.
Being dissatisfied with the amount of compensation awarded by the Land Acquisition Officer, the appellant sought a reference under Section 18 of the Land Acquisition Act. Before the Reference Court, it was contended that the acquired land is deep black cotton soil and exceptionally fertile than what was assessed by the Land Acquisition Officer. It was further submitted that the applicant has done soil conservation measure, which improved the quality and fertility of land but same was not properly considered while determining the market value and, therefore, the appellant is entitled to enhanced compensation.
In support of the submission, the appellant entered the witness box and relied upon sale instances pertaining to adjoining lands. On the basis of the said evidence, he sought to established that entitlement for enhancement of compensation.
It is seen from the record on behalf of the acquiring body, no witness was examined nor any contrary document was placed on record. As such on the basis of available record, reference Court decided the reference proceeding. In the light of evidence available on record, the Reference Court has enhanced the compensation from Rs.34,428/- per hectare to Rs.1,20,000/- per hectare .
Learned counsel for the appellant seeks further enhancement of compensation. He has placed reliance upon the judgment delivered by a Coordinate Bench of this Court in First Appeal No. 847 of 2013. It is pointed out that the said appeal pertained to the acquisition of land situated in the same village, namely Mouza Dabha, Tahsil Babulgaon, District Yavatmal. It is, therefore, submitted that the market value determined by this Court in the said judgment is applicable to the present case as the land of the appellant is also situated in the same village and acquired under the same acquisition proceedings.
In view of the submissions advanced on behalf of the appellant, I have perused the judgment rendered in First Appeal No. 847 of 2013. It is evident that the lands from village Dabha, Tahsil Babulgaon, District Yavatmal, acquired pursuant to the notification dated 02.03.2000 for the Bembla Project, were considered therein and, after examining the merits of the matter, this Court determined the market value of dry crop land as Rs.1,37,000/- per hectare.
In the present case, it is not in dispute that the acquired land of the appellant is also dry crop land. The land is situated in the same village i.e., Dabha and has been acquired under the same acquisition proceedings for the same project. Therefore, in my opinion, the appellant is entitled to compensation at the rate of Rs.1,37,000/- per hectare for the acquired dry crop land.
Accordingly, following order is passed:
ORDER
Appeal is partly allowed.
The judgment and order dated 03.10.2008 passed in LAC No.459 of 2006 is modified to the extent that appellant is entitled for enhancement of compensation at the rate of Rs.1,37,000/- P. H. for acquired land.
Rest of the judgment and award in LAC No. 459 of 2006 is confirmed.
Respondent- acquiring body is directed to deposit amount of enhance compensation of acquired land to appellant within a period of four months.
For the period of delay in filing appeal i.e., 5096 days, the appellant would not be entitled for any interest on enhance amount.
Appellant is permitted to withdraw the amount after deposit of the same by respondents either before this Court or reference Court.
The respondent- acquiring body is directed to deposit the enhanced amount within a period of four months. After deposit of the amount, the appellant will be entitled to withdraw the amount subject to the satisfaction of the Registry.
It is made clear that as there is a delay in preferring the appeal before this Court for a period of 5096 days, the appellant will not be entitled to the interest on the enhanced compensation for the said period.
The Appeal stands disposed of accordingly. No order as to costs.