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Judgment
M.N. Gilani, J.—These appeals are directed against the judgments and awards passed between 9.1.2006 and 7.5.2007 by the Ad-hoc District Judge, Amravati on the references sought by the land owners whose lands situated at village Shirala, tahsil and district :Amravati were acquired for the public purpose - Narkhed Railway Route. Details like survey number, gat number, area acquired, names of the owners, compensation fixed by the Special Land Acquisition Officer etc. are reproduced below in tabular form:
Sr. No.
F.A. No
Survey No./ Gat No.
Total Area
Area Acquired
Name of owner
Compensation awarded by S.L.A.O.
LAC No.
Date of Decision
Compensation by Reference court
1
785/08
1614
1.09 H.R.
1.09 H.R.
DineshPanjabraoPatil & another (Res)
69,000/- P.H.
32/03
03/05/07
1,00,000/- P.H.
2
786/08
1602
1.34 H.R.
1.34 H.R.
PurushottamKrishnaraoBijagare (Res)
69,000/- P.H.
34/03
04/05/07
1,00,000/- P.H.
3
787/08
1029
1.21 H.R.
0.56 H.R.
Ibrahim Khan Chhotekhan (Rres)
69,000/- P.H.
47/03
04/05/07
1,00,000/- P.H.
4
792/08
1596
1.22 H.R.
0.38 H.R.
ShankarraoBhawanjiKukde(Res)
64,500/- P.H.
53/03
07/05/07
1,00,000/- P.H.
5
793/08
with 794/08
1599
1599
2.97 H.R.
0.33 H.R.
0.47 H.R.
LaxminarayanShrinarayan Sharma (Res)
SatyanarayanShrinarayan Sharma (res)
69,000/- P.H.
69,000/- P.H.
55/03
67/03
07/05/07
03/05/07
1,00,000/-P.H.
1,00,000/-P.H.
FA 793/08 with FA 794/08 Note : As per Award total acquired area � 0.87 H.R. 1) Satyanarayan Sharma 2) Kesharbai Sharma 3) Laxminarayan Sharma
6
805/08
1135
5 Acres 7 Gunthas
0.81 R.
PrabhawatiWamanraoBorkar & others
77,500/- P.H.
49/03
05/05/07
1,00,000/- P.H.
7
806/08
1611
3.95 H.R.
1.45 H.R.
RamraoGovindKalmegh & another (Res)
64,500/- P.H.
50/03
05/05/07
1,00,000/- P.H.
8
807/08
1612
2 Acres
0.24 H.R.
PanjabraoNawsajiPatil (Res)
69,000/-P.H.
48/03
04/05/07
1,00,000/- P.H.
9
808/08
1037
10 Acres 30 Guntha
0.53 H.R.
ArvindNarhariKhade (Res)
69,000/- P.H.
35/03
04/05/07
1,00,000/- P.H.
10
809/08
1154
0.29 H.R.
0.29 H.R.
ManikraoBhimraojiKhande (Res)
77,500/- P.H.
33/03
03/05/07
1,00,000/- P.H.
11
810/08
1630
1.21 H.R.
0.44 H.R.
MohdMushtaqeMohd. Ismail (Res)
69,000/- P.H.
51/03
05/05/07
1,00,000/- P.H.
12
811/08
1613
0.85 H.R.
0.85 H.R.
ShamraoJaprajiPatil (Res)
69,000/- P.H.
54/03
07/05/07
1,00,000/- P.H.
13
812/08
1597
1.21 H.R.
0.07 H.R.
KalawatiBapuraoGhongade (Res)
64500/- P.H.
52/03
05/05/07
1,00,000/- P.H.
14
813/08
1608
1.99 + 0.83 =2.82 H.R.
1.01 H.R.
KisanRamchandraKalmegh (Res)
69,000/- P.H.
30/03
03/05/07
1,00,000/- P.H.
15
814/08
1601
1.33 H.R.
0.85 H.R.
Bhaskar Krishna Bijagare
69,000/- P.H.
56/03
07/05/07
1,00,000/- P.H.
The learned Reference Court relied upon sale instances and the judgments and awards rendered in respect of the lands acquired for the similar purpose and enhanced amount of compensation to Rs. 1,00,000/- per hectare. Aggrieved by these judgments and awards, the State has preferred these appeals.
Mr. Agrawal, learned counsel appearing for the appellants contended that the evidence brought on record does not support the view taken by the learned Reference Court. Although, some guess work is permissible while determining the market value of the land acquired, it cannot be without any foundation or without any evidence. According to him, there being no material available on record, the judgments and awards impugned are liable to be set aside.
Learned A G P appearing for the respondents in all these appeals also supported the contention raised by Mr. Agrawal, the learned counsel for the appellants.
Mrs. Deshpande, the learned counsel appearing for the respondents supported the judgments and awards impugned in these appeals. According to her, granting compensation @ Rs. 1,00,000/- per hectare i.e. Rs. 40,000/- per acre for the lands acquired in the year 1997 and situated in district Amravati per-se is on lower side. In fact the value of the lands at the relevant time was much more than that. On account of poverty of the land owners the cross-appeals could not be filed.
The point that arises for my consideration is :
Whether the finding recorded by the learned Reference Court to the effect that the land owners are entitled to the amount of compensation @ Rs. 1,00,00/- per hectare is consistent with the material placed on record?
Exhibit 31 is the sale instance dated 16.6.1987 i.e. just after 15 days of the date of notification. It reveals that agricultural land admeasuring 40 R fetched value of Rs. 50,000/-. The land is situated in the village Naya Akola. The other sale instance referred to the learned Reference Court [in paragraph 9 of the judgment and award] is of village Kharala. The land area of 40 R fetched value of Rs. 1,48,000/-, of course this was sold to the proposed Paper Producers'' Cooperative Society. One more sale instance of the same village dated 28.6.1996 was also relied upon. It shows that the agricultural land area 2 1/2 gunthas fetched value of Rs.10,000/- that means about Rs.4,00,000/- per hectare. The Reference Court and rightly so discarded this sale instance on the ground that it was for very small piece of land.
Oral evidence has been led to the effect that village Shirala is just at a short distance of 18 k.m. from Amravati City. The State High Way is close to the village i.e. at a distance of 100 meter. There are facilities like high schools, college, primary health centers, veterinary hospital, office of cotton federation, telephone exchange etc. As regards the sale instances, land owner deposed that the village Naya Akola is at distance of 8 k.m. and village Kharala is adjoining to Shirala. There is nothing in his cross-examination to suggest that sale transactions relied upon by them are not genuine. Dealing with this evidence, learned Reference Court observed that:
Though, sale instances of Mouje Kathora, Kharala, and Naya Akola cited by petitioner are not comparable sale instances but it appears that the surrounding villages are developing and the potentiality of the lands is also increasing. It appears that in 1997 the market value of lands of Mouje Naya Akola was about Rs. 50,000/- per acre i.e. Rs. 1,25,000/- per hectare but Naya Akola is comparatively nearer to Walgaon and Amravati than village Shirala. In such circumstances, I hold that the market value of Rs. 1,00,000/- per hectare to the acquired lands of Mouje Shirala will be reasonable and proper.
The findings recorded by the learned Reference Court appears to be supported by material placed on record. I therefore, find no merit in these appeals. Appeals are dismissed. No order as to costs.