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TMI Blog2019 (1) TMI 2049X X X X Extracts X X X X X X X X Extracts X X X X ..... f the acquired land. On the basis of sale instance (Exh. X 2) the value of the acquired land comes to Rs. 46/ per sq.ft. After deducting 40% from this amount, the fair market price of the acquired land, on the date of publication of notification under Section 4 (1) of the Act, comes to Rs. 27/ per sq.ft. Therefore, the claimant is entitled to compensation at the rate of Rs. 27/ per sq.ft. In addition to this, claimant is entitled to statutory benefits under Section 23 (1A) and 23 (2) of the Act together with interest under Section 28 of the said Act from the date of award. The judgment and award passed by 2nd Joint Civil Judge, Senior Division, Latur is set aside - Appeal allowed in part. - T.V. Nalawade And And Sunil K. Kotwal, JJ. For the Appellant : Mr. N.P. Patil (Jamalpurkar), Advocate. For the Respondent No. 1 : Mr. M.M. Nerlikar, A.G.P. For the Respondent No. 2 : Mr. D.V. Soman, Advocate. JUDGMENT PER SUNIL K. KOTWAL : 1. This appeal is directed by the original claimant in Land Acquisition Reference No. 128/2000 against the judgment and order passed by 2nd Joint Civil Judge Senior Division, Latur, dismissing the said Land Reference. 2. Undisputedly the claimant is the owne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been declared within the limits of Municipal Council, Latur under Government Notification dated 16.09.1988 (Exh.65), the acquired land fetches higher value. He submits that the learned Reference Court did not consider N.A. potentiality of the acquired land. Relying on the sale instance (Exh. X 2) of the portion of survey No. 17 of the claimant, he prays for enhancement of the compensation. He placed reliance on the case of Nelson Fernandes and others versus Special Land Acquisition Officer, South Goa and others , [2007 SAR (Civil) 350] to substantiate his contention that as the purpose of acquisition of the land was for laying railway line, no value can be deducted towards development charges. 7. Learned Counsel for the Acquiring Body has supported the judgment passed by Reference Court and drawn our attention towards cross examination of Valuer and other witnesses. He contends that the acquired land was used as agricultural land on the date of publication of notification under Section 4 (1) of the Act and it was never converted into N. A. plots. He submit that Baswantpur is a small village and it is not a developed city like Latur, and therefore, compensation need not be enhanced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terials placed and proved by the other side can also be taken into account for this purpose. (5) The market value of land under acquisition has to be determined as on the crucial date of publication of the notification under sec. 4 of the Land Acquisition Act (dates of Notifications under secs. 6 and 9 are irrelevant). (6) The determination has to be made standing on the date line of valuation (date of publication of notification under sec. 4) as if the valuer is a hypothetical purchaser willing to purchase land from the open market and is prepared to pay a reasonable price as on that day. It has also to be assumed that the vendor is willing to sell the land at a reasonable price. (7) In doing so by the instances method, the Court has to correlate the market value reflected in the most comparable instance which provides the index of market value. (8) only genuine instances have to be taken into account. (some times instances are rigged up in anticipation of acquisition of land). (9) Even post notification instances can be taken into account.(1) if they are very proximate,(2) genuine and (3) the acquisition itself has not motivated the purchaser to pay a higher price on account of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after considering village maps of village Arvi and Baswantpur (Exhs.66 and 67). So also the judgment passed by the concerned Reference Court in L.A.R. No. 159/2004 (Exh.23), was rightly discarded by the Reference Court, as the land which is the subject matter of the above said Reference, is situated at village Harangul, which is not adjoining to village Baswantpur. 12. Though the learned Counsel for the appellant has heavily placed reliance on the evidence of Valuer Anil Phulari (PW 2), after going through his cross examination, it emerges that he has not placed on record the data on the basis of which he prepared the report of valuation. So also the report of valuation (Exh. 21) was prepared after 12 years from the date of visit of Valuer to the acquired land. Thus, we are satisfied that even the report of Valuer Anil Phulari (PW 2) was rightly rejected by the Reference Court. 13. The claimant has also placed reliance on the evidence of Bharat Panhale (PW 3), who is the Clerk from the office of Collector for Rehabilitation Work. However, the evidence of this witness is useless for the claimant, as this witness has admitted that N.A. permission was not granted for the acquired land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove said date the same claimant alienated private plot No. 35 admeasuring 1897 sq.ft. situated at village Baswantpur to one Balprasad Vishnudas Bang, for the total consideration of Rs. 87,500/ i.e. Rs. 46/ per sq.ft. The plot which is subject matter of the sale instance (Exh. X 2) is the part of Survey No. 17 from which the land is acquired by the respondents for broad gauge railway line. Thus, the question of distance in between the acquired land and the land under sale instance does not arise. On the other hand, it is most proximate land with the acquired land. The date of execution of this sale deed is 13.09.1995 and the date of publication of notification under Section 4 (1) of the Act is 26.10.1995. Thus, there is proximity regarding date of execution of sale deed and date of publication of notification. This sale instance is executed prior to publication of notification under section 4 (1) of the Act. Therefore, its genuineness cannot be doubted. Even during the course of argument learned Counsel for the Acquiring Body and learned Additional Government Pleader for the State have not disputed the genuineness of this sale instance. Therefore, in view of the guidelines principle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification under Section 4 (1) of the Act, comes to Rs. 27/ per sq.ft. Therefore, the claimant is entitled to compensation at the rate of Rs. 27/ per sq.ft. In addition to this, claimant is entitled to statutory benefits under Section 23 (1A) and 23 (2) of the Act together with interest under Section 28 of the said Act from the date of award, as ruled by the Full Bench of this Court in the case of State of Maharashtra Vs. Kailash Shiva Rangari [ 2016 (3) Mh.L.J. 457], as the possession of the acquired land was taken by Acquiring Body before the date of publication of notification under Section 4 (1) of the Act. It follows that the award passed by Reference Court deserves to be set aside and modified. For rental compensation, the claimant would be at liberty to approach competent authority as the same cannot be awarded under the Act. 21. In the result, First Appeal No. 1433 of 2012 is partly allowed. The judgment and award passed by 2nd Joint Civil Judge, Senior Division, Latur in L.A.R. No. 128/2000 is set aside and it is modified as under : (i) L.A.R. No. 128/2000 is partly allowed with proportionate costs. (ii) Respondent Nos. 1 and 2 do jointly and severally pay compensation t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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