Villagers to get Rs 7 crore for land sold to IT Park

Mubarak Ansari
Tuesday, 13 February 2018

“The development after 10 years from the acquisition cannot be considered for determination of market price,” the government agency argued. 

PUNE: Eighteen years after their land was acquired for the second phase of the world renowned Rajiv Gandhi Infotech Park in Hinjawadi, 12 villagers of Marunje will now get an enhanced compensation of about Rs seven crore as directed by the district court. 

Earlier, the Maharashtra Industrial Development Corporation (MIDC) had given them compensation mostly at a rate for uncultivable land (pot kharaba), but the court held that the land was acquired for industrial purpose, hence, the enhanced compensation is more than what the villagers had sought. 

Those who had appealed in the court are Rajaram Dhyaneshwar Jagtap, Chandramohan Dhuaneshwar Jagtap, Bhalchandra Dhyaneshwar Jagtap’s three legal heirs, Vasantrao Dhyaneshwar Jagtap, Radhakrishna Dhyaneshwar Jagtap, Swami Arjun Jagtap, Laxmi Arjun Jagtap, Manda Babasaheb Sakhare, Chandralekha Navnath Gaikwad, Kusum Rajaram Bodke, Arunabai Suresh Jadhav and Bhagirthibai Dhyaneshwar Jagtap.  

The applicants together are owners of the acquired lands (about three hectares 28R) at gate no. 54/3, 54/4, 54/5, 55/12(B), 55/24, 55/28(B), 55/29, 55/30, 55/18 and 55/31, all situated at village Marunje, next to Hinjawadi village.

The land was acquired for the second phase of the Hinjawadi IT Park and the notification was issued on September 2, 1999, and final award was passed in November ­2003. 

While awarding the compensation, the special land acquisition officer divided lands in two categories group ­1 and group ­2 and determined the market price for land in group ­1 at the rate of Rs 9,54,500­ per hector i.e. at the rate of Rs  9,545 per Are and for group ­2, he fixed the price at the rate of Rs 9,73,700 per hector i.e. at the rate of Rs 9,737­ per Are. 

According to the claimants, the land acquisition officer had undervalued the land and awarded inadequate compensation. He did not consider the proper sale instances and had lost sight of the fact that Pune Infotech Park consists of many multinational companies and there were facilities like schools, various educational institutes nearby and because of the Infotech Park there were educational activities in the vicinities of the acquired land and there was great potential for development. 

The total compensation awarded for all lands of the claimants was Rs 31,38,947. According to the claimants as per market rate, they were entitled to get compensation of Rs 1,31,20,000. They claimed additional compensation of Rs 99,81,053 along with all statutory benefits.  

According to the MIDC, land acquisition officer has valued the land by adopting proper method and government rules, and has awarded just and proper compensation. “The development after 10 years from the acquisition cannot be considered for determination of market price,” the government agency argued. 

However, after going through records of sale deeds of similar lands there as well as judgements of the Supreme Court, District Judge Anirudha Thatte determined the market price of the acquired land at Rs 48,420 per R i.e. Rs 48,42,000 per hectare. “Therefore, total compensation payable was Rs 1.58 crore but the claimants were paid Rs 31,38,947. Hence, they shall be now paid additional compensation of Rs 1.27 crores, along with the amount of component at 12 per cent per annum from the date of publication of notification till the date of award in 2003. 

The opponents shall further pay to the claimants some of 30 per cent on the above-referred amount of compensation as a solatium. The opponents shall pay interest to the claimants on this aggregate amount above 9 per cent per annum from the date of award i.e. November 2003 to November 2004 and thereafter at 15 per cent per annum till realisation of the entire amount,” the judgement dated February 6 states. The amount of compensation is expected to be about Rs seven crores.

LONG WAIT
The land was acquired for the second phase of the Hinjawadi IT Park and the notification was issued on September 2, 1999, and final award was passed in November ­2003.

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