1 fa694-97j rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 694 of 1997 ALONGWITH CIVIL APPLICATION NO.5523 OF 1997 The State of Maharashtra, The Special Land Acquisition Officer, .. Appellant Nashik. (Orig. opponent) V/s. Smt. Bhagubai Vithal Ugale (Since deceased through her LR's) .. Respondent Murlidhar Vithal Ugale. (Orig. claimants) AND FIRST APPEAL NO.567 OF 1997 The State of Maharashtra, The Special Land Acquisition Officer, .. Appellant Nashik. (Orig. opponent) V/s. Murlidhar Vithal Ugale .. Respondent (Orig. claimants) .... Mr. A. R. Patil, AGP for the appellant - State. .... CORAM : A.S.OKA, J. DATE : JUNE 14, 2011. ORAL JUDGMENT: These two Appeals which arise out of a common judgment in Land Acquisition Reference No. 1 and 2 of 1987 can be disposed of by a common judgment. 2 fa694-97j 2. The land subject matter of LAR No.1 of 1987 is Gat No.135 at village Panewadi, Taluka Nandgaon, District Nashik. The land subject matter of LAR No.2 of 1987 is Gat No.137 in the same village. Both the lands were notified under the same notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”) published on 1st September, 1983. The Land Acquisition Officer offered market value at the rate of Rs.8000/- per Hectare. As the respondents in the Appeals did not accept the said offer, at their instance, references under Section 18 of the said Act were made. 3. By the impugned Judgment and Award, the market value has been fixed at the rate of Rs.22,000/- per hectare and in respect of Pot-Kharaba land, the market value has been fixed at Rs.2000/- per Hectare. In addition statutory benefits has been granted. 4. The learned AGP appearing for the State Government submitted that there was no evidence on record to show that the acquired lands were Bagayat lands. He submitted that there was no evidence of comparable sale instances and the only one sale instance taken into consideration by the reference Court is in respect of a Bagayat land. His submission is that no case was made 3 fa694-97j out for grant of enhancement in the market value. 5. I have given careful consideration to the submissions. The reference Court has relied upon the sale deed dated 21st October, 1982 in respect of land bearing Gat No.120 admeasuring 55 Ares in the same village. A true copy of the sale deed is at Exhibit-29. The record shows that the original sale deed was produced and was returned. The claimants examined one Chindha Rama Kungar who was the vendor in the sale deed dated 21st October, 1982. He stated that the acquired land was close to the land sold by him and there were two survey numbers in between. He stated that the land sold by him and the acquired lands of the claimants were of the same quality. As far as the statement regarding the location and quality of the lands are concerned, there is hardly any cross-examination. However, a suggestion was given to the witness that the lands of the claimants were Jirayat lands. The said suggestion was denied by the witness. The claimant in LAR No.2 of 1987 who is the son of the claimant in the other reference deposed in both the references. In fact, there was common evidence recorded in both the references. He stated that in land bearing Gat No.135 there was a well. He stated that the well situated at Gat No.137 was acquired by the government. In the cross examination, he admitted that both the Gat Nos. 135 and 137 are adjacent to each other. The sale 4 fa694-97j instance at Exhibit 29 was in respect of the land admeasuring 55R in the same village which was situated in the vicinity of the acquired lands. The market value reflected from the sale deed as of 21st October, 1982 is approximately Rs.27,000/- per Hectare. On assumption that the acquired land is Jirayat land, the learned trial Court has reduced the value of Rs.27,000/- per Hectare by 1/3rd for arriving at the market value of Jirayat land. Thus, the market value was brought down to Rs.18,200/- per Hectare. Taking into consideration the fact that the said market value was of 21st October, 1984, for determining the market value as of 1st September, 1983, escalation of 10% was considered. As a substantial portion of land bearing Gut No.135 was Bagayat land, the market value was fixed at Rs.22,000/- per Hectare. It is not possible to find fault with the market value fixed at the rate of Rs.22,000/- per Hectare. For Pot-kharaba land, the market value of Rs.2000/-per Hectare has been fixed. Pot kharaba land can be always used for various purposes such as storage of implements of agriculture, agricultural produce or for construction of farm house etc. Therefore, the market value of Rs.2,000/- per Hectare for Pot Kharaba land is reasonable. 6. It is settled that the determination of the market value under Section 23 of the said Act always involves an element of guess 5 fa694-97j work. There is no merit in the Appeals and the same are accordingly dismissed with no order as to costs. 7. Civil Application No. 5523 of 1997 is disposed of with no order as to costs. (A.S.OKA, J)