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Documents citing State Of Maharashtra vs Prashram Jagannath Aute on 19 July, 2007

The State Of Maharashtra And Another vs Siraj Mohiuddin Gulam Mustafa And ... on 28 November, 2018

25. Now, question arises as to what rate should be given to 58 Aar perennially irrigated acquired land. The Full Bench of this Court in the case of "State of Maharashtra Vs. Prashram Jagannath Aute and another" (supra) has made it clear that the Court has to determine market value of the land on the date of publication of notification under Section 4 of the Land Acquisition Act with reference to the facts and circumstances and also evidence led by parties in each case. It is not permissible nor proper for the Court to led on any straight jacket formula to all land acquisition proceedings. Thus, it is clear that there is no straight jacket formula that the market value of the irrigated land is always double than the market value of Jirayat land. The market value of perennially irrigated land is to be determined after considering the quality of that land, its location and advantageous factors annexed with that land.
Bombay High Court Cites 15 - Cited by 4 - Full Document

Siraj Mohiuddin Gulam Mustafa And ... vs The State Of Maharashtra And Another on 28 November, 2018

25. Now, question arises as to what rate should be given to 58 Aar perennially irrigated acquired land. The Full Bench of this Court in the case of "State of Maharashtra Vs. Prashram Jagannath Aute and another" (supra) has made it clear that the Court has to determine market value of the land on the date of publication of notification under Section 4 of the Land Acquisition Act with reference to the facts and circumstances and also evidence led by parties in each case. It is not permissible nor proper for the Court to led on any straight jacket formula to all land acquisition proceedings. Thus, it is clear that there is no straight jacket formula that the market value of the irrigated land is always double than the market value of Jirayat land. The market value of perennially irrigated land is to be determined after considering the quality of that land, its location and advantageous factors annexed with that land.
Bombay High Court Cites 15 - Cited by 0 - Full Document

The State Of Maharashtra vs Chandrashekhar Tanaji Deshmukh on 12 March, 2009

"20. We are also of the considered view that it was not necessary for the Court to always grant a fixed percentage of increase or decrease. There cannot be a definite formula of this kind to compute the fair market value of the land. Each case has to be determined on its own facts and circumstances. The statutory guidelines contained under section 23 and the various judgments on the subject would guide determination of question of compensation. A Full Bench of this Court in the case of The State of Maharashtra vs. Parashram Jagannath Aute, First Appeal No. 1098 of 2003 decided on 19th July 2007 (since reported in 2007(5) Mh.L.J.(FB) 403) held that the analytical examination of the principles of law would lead to no other conclusion but that determination of market value of the acquired land has to be done on facts of each case, existing statutory ::: Downloaded on - 09/06/2013 14:24:27 ::: 14 guidelines stated in section 23 and 24 of the Act and in the backdrop of judicial pronouncements controlling exercise of jurisdiction under section 18 of the Act. It was also held that it was not always true that the bagayat land would get double the compensation in comparison to jirayat land. The enunciated principles of law de hors the evidence on record cannot be applied uniformly to every case. The Court has to determine the market value of the land on the date of publication of the notification under section 4 of the Act on the basis of evidence on record. It is permissible for a Court to apply some amount of guess work if the direct evidence relating to the relevant period is not available on record. Of course, the guess work cannot be exceed its permissible limits and thus reasonable percentage of increase and / or decrease should be a provided to arrive at market value to award reasonable and fair amount compensation to the claimants. Even if we of were to add 10 per cent increase annually as applied by the Reference Court, still certain amount of deduction would have to be made and in the facts and circumstances of the present case we are of the view that 25 per cent deduction on different counts can appropriately be made. There is direct evidence on record to show that the acquired land forms part of different classes of land i.e. Bagayat, jirayat and pot kharab lands. The award made by the Collector itself divides the acquired lands into different classes which has not been questioned by any of the parties before the Reference Court. In this Court there is no challenge to such classification even during the course of arguments. Thus, we would proceed on the basis that the entire land acquired from the revenue estate of village Sajegaon falls into the three aforesaid categories which obviously are to be valued differently. Entire irrigated land cultivated through regular source of water like well water etc. essentially must receive higher rate of compensation than jirayat land which in turn would receive higher compensation than the pot kharab land. Again, applying certain ::: Downloaded on - 09/06/2013 14:24:27 ::: 15 amount of guess work, we hold that the market value of jirayat land being the basic factor for determining compensation, market value of bagayat land would be calculated by giving increase of 25 per cent on market value of jirayat land, while pot kharab land would be given a decrease of 15 per cent from the market value of jirayat land."
Bombay High Court Cites 9 - Cited by 2 - K K Tated - Full Document

Kasturchand Ramlal Badjate And Others vs The City And Industrial Corporation Thr ... on 28 November, 2018

31. After going through the judgment passed by the Reference Court, it emerges that the market value of irrigated land was considered double than the dry crop land. However, as rightly pointed out by learned Counsel for the Acquiring Body, the Full Bench of this Court in the case of "State of Maharashtra Vs. Prashram Jagannath Aute and another"
Bombay High Court Cites 30 - Cited by 0 - Full Document

The City And Industrial Corporation ... vs Kasturchand Ramlal Badjate And Others on 28 November, 2018

31. After going through the judgment passed by the Reference Court, it emerges that the market value of irrigated land was considered double than the dry crop land. However, as rightly pointed out by learned Counsel for the Acquiring Body, the Full Bench of this Court in the case of "State of Maharashtra Vs. Prashram Jagannath Aute and another"
Bombay High Court Cites 30 - Cited by 0 - Full Document

Ganesh Bhagawandas Mundada vs The State Of Maharashtra And Others on 2 April, 2019

18. Thus, I hold that the acquired lands Gut Nos.402, 420 and 403 are seasonally irrigated lands. On the other hand, the land under sale instance (Exh-53), as per the recitals of the sale-deed, is dry crop land. Though learned counsel for the appellants claimed market price of the acquired land double than the price of dry crop land, the legal position is otherwise. Full Bench of this Court in the case of State of Maharashtra Vs. Prashram Jagannath Aute and another (AIR 2007 Bombay
Bombay High Court Cites 11 - Cited by 0 - Full Document

Bhagwandas Ramkishan Mundada Died ... vs The State Of Maharashtra And Others on 2 April, 2019

18. Thus, I hold that the acquired lands Gut Nos.402, 420 and 403 are seasonally irrigated lands. On the other hand, the land under sale instance (Exh-53), as per the recitals of the sale-deed, is dry crop land. Though learned counsel for the appellants claimed market price of the acquired land double than the price of dry crop land, the legal position is otherwise. Full Bench of this Court in the case of State of Maharashtra Vs. Prashram Jagannath Aute and another (AIR 2007 Bombay
Bombay High Court Cites 11 - Cited by 2 - Full Document

Ramkunwar Prakashchandraji Nawandar vs The State Of Maharashtra And Others on 2 April, 2019

18. Thus, I hold that the acquired lands Gut Nos.402, 420 and 403 are seasonally irrigated lands. On the other hand, the land under sale instance (Exh-53), as per the recitals of the sale-deed, is dry crop land. Though learned counsel for the appellants claimed market price of the acquired land double than the price of dry crop land, the legal position is otherwise. Full Bench of this Court in the case of State of Maharashtra Vs. Prashram Jagannath Aute and another (AIR 2007 Bombay
Bombay High Court Cites 11 - Cited by 0 - Full Document

Prema Pramodkumar Laddha vs The State Of Maharashtra And Others on 2 April, 2019

18. Thus, I hold that the acquired lands Gut Nos.402, 420 and 403 are seasonally irrigated lands. On the other hand, the land under sale instance (Exh-53), as per the recitals of the sale-deed, is dry crop land. Though learned counsel for the appellants claimed market price of the acquired land double than the price of dry crop land, the legal position is otherwise. Full Bench of this Court in the case of State of Maharashtra Vs. Prashram Jagannath Aute and another (AIR 2007 Bombay
Bombay High Court Cites 11 - Cited by 0 - Full Document

Mohansingh Rajesingh Girase vs The Special Land Acquisition Officer ... on 31 January, 2022

(1) State of Maharashtra Vs. Prashram Jagannath Aute [2007 (5) AIR Bom R. 94] Law must state reasons and reasons should have reasonable nexus to facts of case. There is no straitjacket formula to resolve all controversies uniformly, parties have to lead evidence to show that lands have greater potential and value. In doing so by the instances method, the Court has to corelate the market value reflected in the most comparable instance which provides the index of market value.
Bombay High Court Cites 16 - Cited by 0 - R G Avachat - Full Document
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