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.

Case Note & Summary

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.

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.

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.

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.

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.

Claimants' Argument

Advocate Mr. Deshpande argued for higher compensation. Claimed highest sale instances ignored. Challenged 25% deduction towards development charges.

State's Argument

LAO awarded appropriate compensation considering various factors. Reference Court's enhancement excessive. Cited judgments to support their stance.

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.

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.

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.

Conclusion

Decree to be drawn-up as per modified judgment. Rest of the judgment remains unaltered.