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The Dy. Chief Exe. Officer,M.I.D.C.Amt vs Shri Pradip Jogeshwar Babhulkar & 2 Ors on 2 April, 2016
cites
Sunanda Ukandrao Babhulkar vs The State Of Maharashtra And Others on 21 March, 2016
4] The maximum compensation is awarded by the Reference
Court at the rate of Rs.6,45,000/- per hectare in Land Acquisition Case
No.30 of 1997 (Pradip Babhulkar v. State of Maharashtra and others) in
respect of land Survey/Gat No.93 admeasuring 7 H and 15 R of mouza
Madkona, District Yavatmal. The Reference Court has placed reliance
upon the maps produced at Exhibit 53 in respect of village Bhari,
Exhibit 54 in respect of village Madkona and Exhibit 55 in respect of
District Yavatmal.
Section 18 in The Land Acquisition Act, 1894 [Entire Act]
Union Of India (Uoi) vs Bal Ram And Anr. on 20 January, 2004
22] Shri Loney, the learned counsel appearing for the claimant
has relied upon the decision of the Apex Court in case of Union of India
v. Bal Ram and another reported in (2010) 5 SCC 747, which was a case
of acquisition of the land for the plan development area around Palam
Airport in the vicinity of Delhi. It is a short order passed by the Apex
Court in respect of the land acquired by the same notification from 13
villages.
Satpal Antil Etc vs Union Of India & Anr on 5 May, 1995
The High Court found that the nature/quality of the lands is by
and large similar to the lands which were to be considered in the
reported decision of the Apex Court in Satpal v. Union of India reported
in (1997) 11 SCC 423. The High Court found that it would be unfair to
discriminate between the landowners to pay more to some or less to
others when the purpose of acquisition is the same and the lands are
identical and similar, though lying in different villages. The Supreme
Court found that the judgment of the High Court was fair and
reasonable, and therefore, did not interfere in it. The principle laid down
in the aforesaid decision cannot be disputed. There has to be finding
about the nature and quality of the land covered by the comparable sale
instance, and the land under acquisition. In the present case, I have
already held that the sale instances cited to claim enhancement of
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compensation are not comparable with the lands under acquisition.
Anjani Molu Dessai vs State Of Goa & Anr on 7 December, 2010
23] The another judgment relied upon of the Apex Court is in
the case of Anjani Molu Dessai v. State of Goa and another reported in
(2010) 13 SCC 710. Shri Loney, the learned counsel has invited my
attention to paragraph 20 and 23 of the said decision, wherein the legal
position explained is that even where there are several exemplars with
reference to similar lands, usually the highest of the exemplars, which is
a bona fide transaction, will be considered. It further holds that where
there are several sales of similar lands whose prices range in a narrow
bandwidth, the average thereof can be taken, as representing the market
price. There cannot be any dispute about the proposition that the highest
exemplar has to be taken into consideration. There is no such situation in
the present case. The sale instances cited are not comparable. The said
decision is of, therefore, no consequence.
Digamber & Ors vs State Of Maharashtra & Ors on 1 August, 2013
25] In the decision of the Apex Court in Digamber's case cited
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supra, the Apex Court has held some earlier decision rendered by the
decision in paragraph 16.3 the relevant portion, which is reproduced
below:
Viluben Jhalejar Contractor (D) By Lrs vs State Of Gujarat on 13 April, 2005
In Viluben Jhalejar Contractor v. State of Gujarat
this Court laid down the following principles for determination of
market value of the acquired land: (SCC pp. 796-97, paras 17-19)