Kazi Akiloddin v. State of Maharashtra & Ors.

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The other three Exh.76, Exh.77 and Exh.78 were also executed just prior to the issuance of the Section 4 notification and were between the related parties. The sale deeds were executed just prior to the initiation of the acquisition and according to the State, the parties had full knowledge regarding sanction of the project for construction of flood control wall and as such sale deeds are suspicious in nature and are intended only for the purpose of getting more compensation for the plots which could not be sold for 15 to 16 long years. The State relied upon State of Maharashtra and Others Vs. Digamber Bhimashankar Tandale & Ors. (1996) 2 SCC 583 to contend that though the lands were converted for non-agricultural purpose, there was no development and hence compensation on per sq. ft. basis could not have been awarded. According to the State, the claimant owners were not available to sell a single plot for 15 to 16 long years.

103Copy pinpoint103. It is further contended that the land extend to more than 7 lac sq. ft. in all the matters pertaining to the family and as such compensation at Rs. 100/- per sq. ft. relying on an exemplar sale deed involving sale of an area measuring 1500 sq. ft. was not justified.

104Copy pinpoint104. The State vehemently argues that the intra family sale deed Exh. 78 dated 11.05.1999 executed just twenty-three days prior to the notification under Section 4 cannot be the basis for the award of compensation @ of Rs. 175/- per sq. ft. In fact, the claimants prayed only for an average compensation of Rs. 121.25/- per sq. ft. So praying, the State prayed for restoration of the award passed by Land Acquisition Officer. C. Findings of the High Court:

105Copy pinpoint105. The High Court in the impugned order has found that the land was reserved for development of residential tenements. It relied on Exh. 67 a notification dated 21.09.1984 published in the Government Gazette. In fact, the High Court records that the witness for the respondent-State had not countered this fact that the document was produced and the document had remained unrebutted. Dealing with the argument of the claimants/land owners that the Commissioner could not sit in appeal against the proposed award, the High Court rightly rejected the plea stating that in the reference proceedings all the issues have been raised and as such no prejudice has been caused to the claimant land owners. Dealing with the situs of the

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land, the High Court recognized the fact that the land was in close proximity to the various institutions of prominence in Akola City. It recorded the following finding: “20. ….It is to be noted that in the award passed by the SLAO, a reference has been made to the prominent location of the acquired land. The distance of the acquired land from various institutions of prominence and the close proximity of the land to Akola city has been mentioned. It has been proved that on the Northern side of the acquired land, there are police quarters known as Rahat Nagar, Sneh Nagar and to the North-west, there is Ambedkar Nagar, Vijay Oil Industries and Krushi Utpanna Bazar Samiti market. So also, near the acquired land, there are Ramkrushna Vivekanand Ashram, Maa Sharda Balak Mandir, Ramkrushna Vivekanand Sahitya Kharedi Vikri Kendra and Saint Anne’s School of Hyderabad etc. It has been proved that temple of Lord Vyankatesh Balaji, Maratha Seva Sangh, Swami Vivekanand High School, Jijau Vasatigruha. Vyankatesh Restaurant, Wholesale Grain Merchant’s Housing and Commercial Complex Society and Alankar Petrol Pump, are located in the close proximity of the acquired land.

21. PW2 Brijmohan Modi, a registered valuer, examined by the claimants has proved the Valuation Reports at Exhs.63 and 64. The map drawn by the valuer is at Exh.83. On the basis of the evidence of PW1 and PW2, prominent location of the acquired land in close proximity of Akola city has been proved. It has been proved that in the vicinity of the acquired land, there has been development. There are residential and commercial complexes. Evidence adduced in rebuttal by the respondents is not sufficient to disprove the above aspects. The only statement reiterated time and again by the respondents is that the acquired land being situated on the bank of Morna river, it had no future prospects of development. In our opinion, this contention of the respondents cannot be accepted in view of the positive evidence adduced by the claimants. Learned Presiding Officer of the Reference Court has accepted this evidence. We do not see any reason to discard or disbelieve this evidence.”

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106Copy pinpoint106. Analysing Exh. 75 to Exh. 78 relied upon by the Appellants, the High Court observed as follows:

23. In order to prove that the market price of the land on the date of Section 4 notification was not less than Rs.200/- per sq.ft., the claimants have placed on record four sale instances at Exhibits-75 to 78. Exh.75 is the sale deed dated 12.02.1999 of plot no.78 of Akoli (Bk.) from survey nos. 8 and 5/1. Total area of the plot was 1500 sq.ft. It was sold @ Rs.l00/- per sq.ft. It has come on record that this plot was sold by one Usha Santoshrao Gole to Ashok Krushnarao Sapkal and Shalikram Ramkrushna Zamre. It is to be noted that this sale transaction has been made the basis for quantifying the enhanced compensation by the learned Presiding Officer of the Reference Court. The vendor and vendee are not concerned with the claimants in any manner. In our opinion, therefore, the contention of the respondents that this sale instance was brought into existence to claim excessive and exorbitant compensation by the claimants cannot be accepted. On a perusal of the oral evidence adduced by the claimants and supporting documentary evidence, we do not see any reason to discard and disbelieve this sale instance.”

107Copy pinpoint107. Hence, the High Court ultimately confirmed the order of the Reference Court relying upon Exh. 75 sale deed dated 12.02.1999 for Rs. 100/- per sq. ft. It expressly recorded that the vendor and vendee were not concerned with the claimants in any manner and that was also the admitted case of the State. Rejecting Exh. 76, Exh. 77 and Exh. 78, the High Court recorded that the sale deeds were executed by members of the family and as such it did not chose to rely upon the same. Findings:

108Copy pinpoint108. We have already in this judgment while dealing with Civil Appeal Nos. 6776-6777 of 2013 hereinabove, discussed the correctness of the judgment and order in LAC No. 209 of 2002, which reference concerned the present appellants. We have also discussed the law on reliance of exemplars of unrelated parties and related parties and as to how when there are two exemplars, one between unrelated parties at arm’s length and the other between related parties mentioning a

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higher value and when both are within reasonable time gap, prudence would dictate and common sense would command the acceptability of the exemplars involving unrelated parties. The same reasoning applies here also.

109Copy pinpoint109. We have also therein discussed the law on the applicability of the development charges and also dealt therein the aspect of in what circumstances the value fetched by smaller plots can be applied in valuing larger tracts of land. Additionally, it has also to be borne in mind that while Rs.100/- per sq. ft. was awarded by the Reference Court for plotted area admeasuring 359684.44 sq. ft., for the open belt area admeasuring 108501.12 sq. ft., the enhanced compensation was only @ Rs. 50/- per sq. ft. Additionally, for the plot area created due to division admeasuring 28809.84 per sq. ft., the enhanced compensation was @ Rs. 25/- per sq. ft. For this reason also, additionally, we are not inclined to make any deduction in the amount of Rs.100/- per sq. ft. awarded for the plot area admeasuring 359684.44 sq. ft. In view of the above, both the Civil Appeals are dismissed. No order as to costs. V. Civil Appeal arising out of SLP (C) No. 6819 of 2023 (Vijayadevi Navalkishore Bhartia & Ors. vs. The State of Maharashtra & Anr.) and Civil Appeal arising out of SLP (C) No. 2892 of 2023 (The Executive Engineer Vs. Smt. Vijayadevi Navalkishore Bhartia & Ors.)

110Copy pinpoint110. Leave granted in both the matters.

111Copy pinpoint111. These Appeals are similar to Civil Appeal arising out of SLP (C) 2324 of 2023 and Civil Appeal arising out of SLP (C) No. 6817 of

2023. The only difference being that the land is situated in Survey No. 6 and Survey No. 7 in Akoli (kd) and measures 26016.59 sq. ft. Section 4 notification under the Act was dated 21.07.2000; and Section 6 notification of the Act was dated 02.02.2001. The Special Land Acquisition Officer published the award on 27.06.2002 @ of Rs. 96364/- per hectare. On 20.04.2006, the Reference Court allowed LAC No. 53/2005 and granted Rs. 100/- per sq. ft. The High Court has dismissed the First Appeal No. 384/2006 filed by the claimant and First Appeal No. 621/2006 filed by the respondents. Both parties have relied on the arguments raised in Civil Appeal arising out of SLP (C) No. 2324 of 2023 and Civil Appeal arising out of SLP (C)

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No. 6817 of 2023 and as such whatever has been held therein holds good for these Appeals also. In view of the above, both the Civil Appeals are dismissed. No order as to costs. VI. Civil Appeal arising out of SLP (C) No. 6820 of 2023 (Smt. Taradevi Chimanlalji Bhartia & Ors. Vs. The State of Maharashtra & Anr.) and Civil Appeal arising out of SLP (C) No. 2753 of 2023 (The Executive Engineer Vs. Smt. Taradevi Chimanlalji Bhartia & Ors.)

112Copy pinpoint112. Leave granted in both the matters.

113Copy pinpoint113. The claimants filed First Appeal No. 282 of 2005 and the State filed First Appeal No. 155 of 2005 arising out of LAC No. 183/2000. The facts are same as in Civil Appeal arising out of SLP (C) No. 6817 of 2023 and Civil Appeal arising out of SLP (C) No. 2324 of 2023. The slight difference being the area involved i.e. plot area of 15562 sq. ft. and open sub divided area of 9464 sq. ft. On 03.06.1999, Section 4 notification under the Act was issued and Section 6 notification under the Act was issued on 02.12.1999. On 04.08.2000, the LAO made award @ of Rs. 5,61,000/- per hectare. On a reference being filed, the Reference Court in LAC No. 183/2000 awarded compensation @ of Rs. 100/- per sq. ft. Both the claimants and the State filed Appeals. We have already in this judgment affirmed the findings in LAC No. 183/2002 out of which these Appeals arise. By the impugned order, the High Court confirmed the order of the Reference Court. Arguments are similar, hence, whatever has been held in Civil Appeal arising out of SLP (C) No. 6817 of 2023 and Civil Appeal arising out of SLP (C) No. 2324 of 2023 would hold good for these Appeals also. In view of the above, the Civil Appeals of the appellant landowners as well as the acquiring body are dismissed. No order as to costs.

Result of the case: C ivil Appeal Nos. 6776-6777 of 2013 partly allowed, and other connected Civil Appeals disposed of.

† Headnotes prepared by: Divya Pandey