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Judgment
Heard.
By this appeal, the challenge is to the judgment and award passed by learned 2nd Civil Judge Senior Division, Yavatmal dated 27.04.2022 in L.A.C. No.175 of 2019.
The acquiring body has filed the present appeal against the judgment of learned Reference Court with a contention that the amount awarded by the learned Reference Court is without appreciation of the documents and evidence available on record and thereby awarded the exorbitant compensation, and hence seeks indulgence of this Court in the matter.
The undisputed facts of the present case are summarized as under: Respondent No.1-claimant is the owner of 0.68 HR land out of Gat No.253/1 of village Wadhona Bazar, Taluka Ralegaon, District Yavatmal. The State Government, by notification issued under Section 4 of the Land Acquisition Act dated 02.06.2011, initiated the land acquisition proceeding for Bembla Project (Canal). In the said acquisition proceeding, the Land Acquisition Officer, by his award dated 31.01.2014, awarded the compensation of Rs.1,35,000/- per hectare for the acquired land. The respondent No.1-claimant was not satisfied with the amount awarded by the Land Acquisition Officer. According to him, his land being an irrigated land and considering its location, potentiality, and fertility, he is entitled for compensation at the rate of Rs.15,00,000/- per hectare, and hence, by raising various grounds, he has preferred the reference in the matter.
It is pointed out by the respondent No.1 that before the Reference Court, he has entered into the witness box and proved his case. He deposed that land in question is at located Ralegaon Wadki Road, near to Wadhona Bazar. All the facilities are available nearby to acquired land. He has relied upon certain decision of Reference Court in L.A.C. No.401/2016 whereby for dry crop land of village Wadhona Bazar market value was determined as Rs.6,67,882/- per hectare. On the basis of same seek enhancement in compensation amount.
The learned Reference Court, considering the oral as well as documentary evidence, by reaching to conclusion that land in question being irrigated land has awarded the compensation at the rate of Rs.13,35,764/- per hectare, by relying upon various decision of this Court as well as the Hon'ble Supreme Court of India.
In the above said background, the appellant acquiring body approached before this Court and raised various grounds in the present appeal. It is their contention that learned Reference Court failed to record that the land acquired is an irrigated land and it is also denied that quality and fertility of land as alleged by respondent No.1 before the Reference Court.
In light of the submission of the parties when this matter was taken up for hearing, respondent No.1 has pointed out that this Court has occasioned to deal with the identical matter of village Wadhona Bazar, wherein the land bearing Gat No.161/2 admeasuring 0.18 HR was acquired for construction of main canal of Bembla Project under the notification dated 23.08.2007. In the same proceeding, this Court has determined the market value of the land at the rate of Rs.4,77,059/- per hectare for dry crop land.
In view of this finding, considering the market value determined by this Court as Rs.4,77,059/- per hectare, and by adding the escalated interest at the rate of 10% for four years, as the notification in the said proceeding was of year 2007 and in present case notification is of year 2011, he is entitled for compensation of Rs.13,35,766/- per hectare.
After going through the judgment of this Court dated 05.10.2023 in First Appeal No. 645 of 2019, I am satisfied that this Court has considered all the issues which are raised in present appeal and rightly determined the market value Rs.4,77,059/- per hectare. So also, as per the settled principles of law, the agriculturist is entitled for the escalation of 10% interest for the period of four years considering the fact that the notification in the judgment of this Court decided on 05.10.2023 was of year 2007 and notification in present appeal is of year 2011. The calculation which is done by the present respondent No.1 is correct in the present matter. Hence, considering this fact of the matter, and after going through the finding recorded by learned Reference Court it is clear that the Reference Court rightly appreciated the factual and legal position. Respondent-claimant is entitled for compensation at the rate of Rs.13,35,764/- per hectare.
The appellant is directed to deposit the compensation amount as directed by the learned Reference Court by its judgment dated 27.04.2022, if same is not already deposited, within a period of three months.
After deposit of the said amount, the respondent No.1 would be entitled for withdrawal of the same, subject to satisfaction of Registrar (Judicial).
The First Appeal stands disposed of in above terms. No order as to the costs.