1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal No. 923/2008 (State of Mah. & others VERSUS Buwa Fakaru Meshram) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Shri A.D. Sonak, Assistant Government Pleader for the appellant. CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 27, 2008. Heard Shri A.D. Sonak, Assistant Government Pleader for the appellant. The learned Assistant Government Pleader submits that the reference Court was not justified in granting compensation @ Rs.50,000/- per Hectare as there was no cogent evidence to enhance it from Rs.12,000/- per Hectare to Rs.50,000/- per Hectare. The learned Assistant Government Pleader then submitted that the reference Court erroneously relied on two judgments and awards passed by the reference Court in the case of Maroti Gedam and Waman Gedam, while enhancing the compensation payable to the claimant. I have perused the judgment of the reference Court. The land was acquired by Section 4 notification issued on 29.02.1996 though Special Land Acquisition Officer had awarded compensation only @ Rs.12,000/- per 2 Hectare, the reference Court enhanced the same and granted compensation @ Rs.50,000/- per Hectare by applying the income capitalisation method as also on the basis of comparable sale instances. The evidence on record clearly showed that there were facilities like electricity, schools, bus service at village Khairgaon and the claimant took crops like Jowar and Cotton from the acquired lands. According to the claimant, the net yearly income per acre was Rs.7,000/- to Rs.8,000/-. The claimant had claimed compensation @ Rupees One Lac per Hectare and had also claimed an additional compensation towards Babhul and Adjat trees standing on the acquired lands. The reference Court rightly considered that in the awards passed in the Land Acquisition Case Nos.6/2002 and 7/2002, the claimants were granted compensation @ Rs.45,000/- per Hectare for dry crop land and Rs.65,000/- per Hectare for seasonally irrigated lands though the lands in those cases were acquired by the Section 4 notification issued on 10.12.1987. Similarly, the reference Court also considered the awards and judgments passed by the reference Court in the case of Waman Gedam and Maroti Gedam, whereby the reference Court has granted 3 compensation @ Rs.50,000/- per Hectare for dry crop land. The lands in Land Acquisition Case Nos.6/2002 and 7/2002 and in cases of Maroti Gedam and Waman Gedam were situated in the vicinity of the acquired lands. The lands in those cases and the lands in the present case were also situated in the same village and their quality, fertility and potential value was also the same. In this background, considering the awards passed by the reference Court in the other reference cases and also by relying on the sale-deed at Exh.26, the reference Court rightly held that the claimant was entitled to compensation @ Rs.50,000/- per Hectare. While granting compensation, the reference Court also applied the income capitalisation method by holding that the claimant was fetching the income of Rs.2,000/- to Rs.2,100/- per acre every year from the acquired land. Then, by applying the multiplier of 10, which is the accepted multiplier, the reference Court held that the claimant was entitled to compensation @ Rs.50,000/- per Hectare as after applying the multiplier of 10, the market value of the land ranged from Rs.49,400/- to Rs.51,570/- per Hectare. The reference Court also considered the Expert's evidence while granting 4 compensation @ Rs.50,000/- per Hectare. The award passed by the reference Court is based on cogent evidence on record. The reference Court has not determined the compensation by merely relying on the awards passed by the reference Court in the earlier land acquisition cases but, has also computed the market value by applying the income capitalisation method. The reference Court has rightly considered the comparable sale instances and the potential value of the land while passing the award dated 06.07.2006. No fault can be found with the approach of the reference Court. The grant of compensation @ Rs.50,000/- per Hectare is just and proper. The first appeal is, therefore, dismissed with no order as to costs. JUDGE APTE