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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.1435/2011
1] Waman S/o Uttam Sapkal
Age 40 years, Occ-Agri
2] Shivaji Bajirao Sapkal
Age 51 years, Occ-Agri.,
3] Arun Bajirao Sapkal
Age 41 years, Occ-Agri
All R/o Khadgaon, Tq. Jamner
Dist.Jalgaon ..APPELLANTS
VERSUS
1] The State of Maharashtra
Through Colledtor,
Jalgaon, Tq. & Dist.Jalgaon
(Copy to be served on Govt.
Pleader, High Court of Judicature
of Bombay, Bench at
Auragnabad
2] The Executive Engineer
Waghur Project
Division, Jalgaon
Tq. & Dist.Jalgaon
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3] Gajmal Vana Sapkal
Age 77 years, Occ-Household
General power of Attorney
4] Mukunda Vana Sapkal
Age 72 years, Occ-Agri
Respondent no.3 and 4 are
R/o Dohari, Tq. Jamner
Dist.Jalgaon .. RESPONDENTS
[R.2 to 4 Dismissed
As per Registrar's order
dt. 11/10/11.]
...
Shri V.Y.Patil, Advocate for appellant Shri S.R.Yadav,AGP for respondent State Shri G.A.Nagori Advocate for respondents ...
CORAM : T.V.NALAWADE
DATED : 26TH FEBRUARY,2016
JUDGMENT :-
The appeal is filed to challenge judgment and award of L.A.R.No.1093/2005 (old no.477/2001) which was pending before reference Court, Jalgaon. Original claimant/owner of the land has challenged the decision on the point of quantum of compensation, ::: Uploaded on - 05/03/2016 ::: Downloaded on - 31/07/2016 06:47:34 ::: fa1435-11 -3- Both sides are heard.
2] The land of present appellants was acquired for Waghur project and the land of the appellant was situated in village Dohari.
The Reference court has given rate of Rs.6210 per hectare by holding that it is jirayat land. Evidence of two sale instances was given by the appellant and the sale instances were dated 13/8/1997 and 16/1/1996. Notification under Section 4 of Land Acquisition Act was published in official gazette on 21/9/1997. It appears that reliance was placed on decision given in land Reference No.1092/2005 also. The learned counsel for the appellant produced copy of judgment delivered by this Court in First Appeal No.729/2003 with connected matters. Some matters arising out of the same project were considered by this Court and those were the appeals filed by State Government against judgment and awards delivered by reference Court. Reference Court had given rate of Rs.4 lakh per hectare for bagayat land and Rs.2 lakh per hectare for jirayat land and Rs.1 lakh per hectare for pot kharab portion. In that matter also the same two sale instances were considered by this Court and it was held that the reference Court had not committed any error in giving such rate. In present matter, land of the appellant was jirayat land. In these circumstances, this Court holds that appeal needs to be allowed.
::: Uploaded on - 05/03/2016 ::: Downloaded on - 31/07/2016 06:47:34 :::fa1435-11 -4- 3] In the result, Appeal is allowed. Rate of Rs.2 lakh per hectare is given in respect of acquired land of the appellant. All statutory benefits and the interests to be given on this amount. Award is to be prepared accordingly.
4] In view of disposal of appeal, Civil Application No.9478/2008 is disposed of.
(T.V.NALAWADE,J.) umg/ ::: Uploaded on - 05/03/2016 ::: Downloaded on - 31/07/2016 06:47:34 :::