Appeals Under Section 54 of Land Acquisition Act Resolved in Common Judgment by Latur Civil Court . Latur Civil Court modifies compensation and development charge deductions for lands acquired for Police Training School.
Summary of Judgement
The appeals under Section 54 of the Land Acquisition Act, 1894 challenge the judgment and decree/award dated 08/04/2013 by the Civil Judge, Senior Division, Latur, concerning land acquisition for a Police Training School at Babhalgaon, Latur. The claimants and the State have filed appeals against the Reference Court's decision. The Reference Court partially allowed the claimants' references, enhancing compensation to Rs. 220/- per sq. ft. with statutory benefits. Both sides presented arguments and evidence. The High Court modified the compensation to Rs. 371/- per sq. ft., with a one-third deduction for development charges, while other aspects of the judgment remained unaltered.
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Introduction
- Appeals under Section 54 of the Land Acquisition Act, 1894.
- Judgment and Award dated 08/04/2013 by Civil Judge, Senior Division, Latur.
- Land acquired for Police Training School at Babhalgaon, Latur.
- LAO issued notifications under Sections 4(1) and 6 of the Act.
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Appeals
- Claimants filed Appeal Nos. 742/2019, 743/2019, 744/2019, and 745/2019.
- State filed Appeal Nos. 1668/2014, 1669/2014, 1670/2014, and 1671/2014.
- All appeals arise from the same judgment and decree/award.
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Factual Background
- Preliminary notification under Section 4(1) issued on 17/05/2006.
- Notification under Section 6 issued on 12/09/2006.
- LAO awarded Rs. 88/- per sq. mtr. for the acquired lands.
- Claimants sought Rs. 300/- per sq. ft. without deduction.
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Reference Court's Decision
- Partly allowed references, enhancing compensation to Rs. 220/- per sq. ft.
- Statutory benefits of 30% solatium, 12% third component, and interest.
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Claimants' Argument
- Advocate Mr. Deshpande argued for higher compensation.
- Claimed highest sale instances ignored.
- Challenged 25% deduction towards development charges.
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State's Argument
- LAO awarded appropriate compensation considering various factors.
- Reference Court's enhancement excessive.
- Cited judgments to support their stance.
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High Court's Analysis
- Evaluated evidence and sale instances.
- Acknowledged sale instances from different villages should not be considered.
- Considered Claimants' sale instances and appropriate annual increase.
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Modification of Compensation
- Highest sale instance should be considered.
- Adjusted compensation to Rs. 371/- per sq. ft.
- One-third deduction (33 1/3 %) for development charges.
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Order
- Claimants' appeals partly allowed, compensation @ Rs. 371/- per sq. ft.
- State's appeals partly allowed, one-third deduction for development charges.
- Modified judgment and decree/award accordingly.
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Conclusion
- Decree to be drawn-up as per modified judgment.
- Rest of the judgment remains unaltered.
Case Title: The State of Maharashtra Through the Collector Latur Ors. Versus Digambar Manik Kalyankar Ors.
Citation: 2024 LawText (BOM) (7) 4
Case Number: FIRST APPEAL NO.1668 OF 2014, AND FIRST APPEAL NO.1669 OF 2014, AND FIRST APPEAL NO.1670 OF 2014, AND FIRST APPEAL NO.1671 OF 2014, AND FIRST APPEAL NO.742 OF 2019, AND FIRST APPEAL NO.743 OF 2019, AND FIRST APPEAL NO.744 OF 2019, AND FIRST APPEAL NO.745 OF 2019
Advocate(s): Mr. Amit S. Deshpande, Advocate for the Appellants in First Appeal Nos.742/2019, 743/2019, 744/2019 and 745/2019 Mr. B. B. Bhise, AGP for Appellants / State in First Appeal Nos.1668/2014, 1669/2014, 1670/2014 and 1671/2014 and AGP for Respondents / State in First Appeal Nos.742/2019, 743/2019, 744/2019 and 745/2019
Date of Decision: 2024-07-01