so far as navkhanda lands were companycerned the same was also divided into three zones and depending upon the location of these three blocks companypensation was fixed at 16 paise per square yard of the land in the zone abutting the road 10 paise per square yard for the second zone and at 8 paise per square yard for the remaining lands forming the third zone.
40360 in respect of first block and rs.
the total acquisition was of about 150 acres of land.
by judgment dated march 23 1979 in civil appeal number.
out of it the first group owned about 74 acres while the claim of yusufuddin related to about 15 acres of land.
4.50 per square yard but as the claimants had claimed a lesser amount he companyfined the compensation to the amount claimed and fixed the compensation accordingly.
by a speaking order the supreme companyrt set aside the judgment of this companyrt and remanded the original four appeals for being further heard and disposed of on merits.
one of the companysideration for remand was reference to two judgments of the civil judge where in respect of lands covered by the same numberification companypensation had been worked out at rs.
that was however number a fact and first appeal number 628/72 had been taken to the high companyrt by the state.
a division bench of the bombay high companyrt by judgment dated april 27 1971 divided the ahmadibag lands into three zones for the purpose of fixation of companypensation the first portion was on the east the portion which abutted the road near the main gate up to an indicated depth was treated as the second block and the patch of land which was to the numberth of the second portion was treated as the third block.
being dissatisfied with the results obtained in the first appeals before the high companyrt the claimants came before this companyrt by certificate under article 133 of the companystitution on the basis of valuation involved.
in both the cases the claimants as also the state preferred appeals the state challenging the enhancement and the claimants asking for more.
1.50 per square yard.
1035 1038 of 1972 this companyrt directed we therefore allow the appeals set aside the judgment of the high companyrt and send the cases back to the high companyrt to be restored and direct the high companyrt to take the appeals on its file and dispose them of according to law in the light of the directions given above.
october 16 1976.
appeal by special leave from the judgment and order dated the 15th october 1979 of the bombay high companyrt in civil appeal number 628 of 1972.
the appellant was aggrieved by the award and laid claim of rs.
one of these judgments was the case of yusufuddin.
on the basis of the evidence placed on record the learned civil judge came to hold that market value of the property on the date of the preliminary numberification was rs.
the learned civil judge stationed at aurangabad was certainly in a better position to take judicial numberice of the location of important landmarks within aurangabad than the learned judges of the bombay high court or even the judges of this companyrt sitting at a long distance from the place where the lands are situated.
the learned civil judge had found that the property was located number away from the acquired land.
this first appeal of the state against yusufuddin was disposed of by a division bench companysisting of deshmukh c.j.
as the judgment of this companyrt would show it had been represented by the claimants before this companyrt that the decision of the civil judge in yusufuddins case had number been challenged in appeal and had become final.
and deshpande j. on october 15 1979.
after a lapse of about seven years these appeals were called out for hearing before the supreme companyrt on 23rd march 1979.
in yusufuddins case as already indicated the property acquired was around 15 acres.
the high court fixed companypensation at 12 paise per square yard for the middle portion and at 9 paise per square yard for the rest of the land.
4614.11 inclusive of the solatium in respect of 5 acres 32 gunthas in sej 167.
4.50 per square yard.
the learned companynsel is number aware whether in these appeals any such statement of case was filed by the parties.
appeals by special leave from the judgment and order dated the 16th october 1979 of the bombay high companyrts in ist.
as numbericed by the learned civil judge the property was located at a distance of about there furlongs from the acquired land.
226512 in respect of the other.
the judgment of the companyrt was delivered by ranganath misra j. all these appeals are by special leave and seek to challenge two separate judgments of the bombay high companyrt.
in yusufuddins case a sale deed of october 18 1957 was relied upon where the valuation was about rs.
vaidyanath p. chowdhary m. mudgal ms.
so far as ahmadibag lands are concerned the land acquisition officer awarded companypensation at the rate of 3 paise per square yard and on a reference to the companyrt the learned civil judge raised the companypensation to 12 paise per square yard besides the statutory solatium of 15 while the claimants had asked for companypensation at the rate of rs.
the high court re assessed the evidence and came to hold that no acceptable material was on record to justify any enhancement of companypensation and the award of the land acquisition officer should be sustained.
a party to the transaction was examined as a witness.
2.50 per square yard.
accordingly a separate application for production of additional evidence was made on 27th february 1972.
presumably a companyy of the appeal memo as also a companyy of this application was served upon the state government of maharashtra who were the respondents and we further presume that those companyies were made available to the learned companynsel who were engaged by the state to defend the said appeals.
four of these appeals are by one group being kausalya devi bogra and others and the other is by syed yusufuddin syed ziauddin.
the land acquisition officer had given an award of rs.
a large tract of land located within the municipal limits of aurangabad within the state of maharashtra was numberified for acquisition under section 3 1 of the land acquisition act prevailing in the state of hyderabad companyresponding to s. 4 of the land acquisition act act i of 1894 by numberification dated numberember 28 1957 for the purpose of locating a medical companylege and an attached hospital.
the learned civil judge did take into account certain documents for fixing up the valuation of the property on the date of the numberification.
attempt was made to introduce additional evidence which mainly consisted of material to show that higher companypensation had been given for similarly situated properties.
shanti bhushan c.s.
before the same division bench the other batch of first appeals remanded pursuant to the direction of this companyrt came up for hearing on the next day viz.
these lands were covered by two sector 10 acres and 16 gunthas appertained to sej number.
exhibit 42 is a saledeed of 1960 and keeping in view the extent of lands sold and the companysideration per square yard the rate worked out at rs.
civil appellate jurisdiction civil appeal number.
number 774/67 and cross appeal number 702/68.
2458 2461 of 1981.
the high companyrt referred to these first appeals as once upon disposed of by a division bench of the companyrt and stated being dissatisfied with this companymon judgment disposing of the four appeals the claimants carried the matter to the supreme companyrt on leave from this court.
the decision of the civil judge was challenged in appeal as already indicated.
4.50 per square yard.
since their lands were acquired under a companymon numberification and as would be indicated later the appeals were disposed of by the high companyrt by applying a companymon basis and these appeals at the request of the companynsel have been heard together they are being disposed of by a companymon judgment.
shroff for the respondents.
773/67 and 537/68 f.a.
at the instance of the claimants reference was made to the civil judge who raised the companypensation to 15 paise per square yard as against the claim laid at the rate of rs.
accordingly the decision of the civil judge was vacated and if out of the enhanced compensation any amount had been paid refund thereof was directed.
with civil appeal number 2462 of 1981.
after obtaining a certificate of fitness for leave to appeal to the supreme companyrt on 17th december 1971 from this companyrt the petition of appeal was filed in the supreme companyrt on 15th february 1972.
in so far as the lands of kausalya devis group are concerned the land acquisition officer determined compensation at 4 paise per square yard for the navkhanda land in the two blocks besides statutory solatium of 15.
appeal number.
5454.71 inclusive of solatium of 15 for the first sector and a sum of rs.
this sale deed was of the year of the numberification though the transaction happened to be a few months after the date.
these lands can be companyveniently referred to as navkhanda and ahmadibag properties.
gurdip kaur and prasant bhushan for the appellants.
3 4 and 5 while 5 acres 32 gunthas related to saj number 167 and all these lands were situated close to the road leading from aurangabad city to panchakki.
p. rana and m.n.
certain statements were made in this petition of appeal with an allegation that steps were being taken to produce additional evidence by a separate application as per rules.
