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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 922 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri. Kishan Shajirao Patil,
Age : 54 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 923 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
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2. Shri Dattu Govind Gore,
Age : 54 years, Occu. : Agri.,
3. Shri Swarop Govind Gore
Age : 32 years, Occ.: Agri.,
All R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 924 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Pandurang Shamrao Bhure
Age : 64 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 925 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
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VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Keshav Vithoba Gore,
Age : 59 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
ig ...
WITH
FIRST APPEAL NO. 927 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Maruti Tukaram Bhure,
Age : 49 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
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FIRST APPEAL NO. 928 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Pachu Husainsaheb Shaikh
Age : 41 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 929 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri. Shivaji Eknath Bhure,
Age : 45 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
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...
WITH
FIRST APPEAL NO. 931 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Deelip Vithal Abhange,
Age : 44 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 932 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
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2. Shri Pandu Tukaram Abhange,
Age : 59 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 934 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur.
ig ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Dagadu Husainsaheb Shaikh
Age : 54 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 936 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
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1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Gunda Subhan Londhe,
Died through his L.R.
2/1 Shri Bhagwat Gundaji Londhe,
Age : 65 years, Occu: Labour,
2/2 Shri Nagnath Gundaji Londhe,
Age : 62 years, Occu: Labour,
2/3 Sow. Anusaya Shesharao Bajulge,
Age : 59 years, Occu: Labour,
R/o.: Holi, Tq. Ausa, Dist. Latur,
2/4 Shri Arun Gundaji Londhe,
Age : 57 years, Occu: Labour,
2/5 Shri Dajiba Gundaji Londhe,
Age : 55 years, Occu: Labour,
2/6 Smt. Geetabai Gundaji Londhe,
Age : 89 years, Occu: Labour,
Except Resp. No.2/3,
All R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
Mr. Ruturaj Patil, Advocate for Appellants;
Mr. R.B. Bagul, AGP for Respondent / State;
Mr. Abhijeet Choudhary, Advocate h/f Mr. D.J. Choudhary,
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Advocate for Respondent No.2
...
CORAM: P.R.BORA, J.
***
Date of reserving the judgment: 12/4/2016
Date of pronouncing judgment: 2/5/2016
***
JUDGMENT:
1. Since all these appeals are filed against the common judgment and award dated 17th February, 2007, passed by the District Judge-I, Nilanga, in LAR Nos.384/1998 to 401/1998, I deem it appropriate to decide all these appeals by common judgment.
2. The lands belonging to respective respondents in the present appeals were acquired for submergence of Masalga Medium Project. (The land holder respondents in all these appeals are hereinafter referred to as the claimants.) All the claimants are residents of village Tupadi, taluka Nilanga, district Latur. After it was decided to acquire the lands of the claimants for submergence of Masalga Medium Project, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), was published in the newspapers on 21st August, 1984. After receiving the notices under Section 9 of the Act, some of the claimants had submitted their claims before the Land Acquisition Officer (for ::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:52 ::: 9 FA NO.922 OF 2009gr short "LAO"), claiming compensation at the rate of Rs.30,000/-
per acre for dry land; Rs.40,000/- per acre for seasonally irrigated land, and Rs.60,000/- per acre for permanently irrigated land. The LAO declared award under Section 11 of the Act on 22nd of April, 1991. The LAO determined the market value of the acquired lands at the rate of Rs.160/- per R and accordingly awarded the compensation. Dissatisfied with the award passed by the LAO, the claimants submitted Land Acquisition References ( for short, "LARs" ) under Section 18 of the Act seeking enhancement in the amount of compensation.
The LARs were adjudicated by the District Judge-I, Nilanga.
The LARs were contested by the acquiring body. According to the acquiring body, the compensation awarded by the LAO was just and reasonable. In order to substantiate the contentions raised in the LARs, the claimants placed on record certain sale instances and had claimed the compensation at the rate of Rs.50,000/- per acre. The acquiring body has also placed on record some sale instances in order to justify the compensation awarded by the LAO. The learned reference Court, after having considered the oral and documentary evidence adduced before it, determined the market value of the acquired land at the rate of Rs.375/- per R. and accordingly awarded the compensation along with the amount of solatium and the ::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:52 ::: 10 FA NO.922 OF 2009gr interest.
3. Shri Ruturaj Patil, learned Counsel appearing for th appellant acquiring body, assailed the impugned judgment and award on several grounds. Learned Counsel submitted that the Reference Court has not properly appreciated the evidence on record. Learned Counsel further submitted that the sale instances which are considered by the Reference Court in determining the market value of the acquired lands cannot be said to be comparable for determining the market value of the said lands. Learned Counsel further submitted that there is no proper discussion in the impugned judgment and award as to on what basis the Reference Court has determined the market value of the acquired lands at the rate of Rs.375/- per R.
Learned Counsel further submitted that the Reference Court has considered the sale instances which were relied upon in some other Land Acquisition References. Learned Counsel further submitted that the said instances were pertaining to the lands situated at different villages and at a distance of more than 10 kms. from the lands under acquisition. Learned Counsel further submitted that the Reference Court has grossly erred in awarding the compensation for each of the land under acquisition at the rate of Rs.375/- per R., without taking into account the fact that in majority of the lands, there are no wells ::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:52 ::: 11 FA NO.922 OF 2009gr and trees. Learned Counsel, therefore, prayed for setting aside the impugned award.
Shri Abhijit Choudhari, learned Counsel appearing for the claimants in all these appeals, supported the impugned judgment and award. Learned Counsel submitted that the Reference court has taken all the pains while determining the market value and as such no interference is required in the impugned judgment and award.
4. I have carefully considered the submissions advanced by the learned Counsel appearing for the appellant acquiring body and the learned Counsel appearing for the claimants. I have perused the impugned judgment and award as well as the evidence on record. The averments in the award passed under Section 11 of the Act, in respect of the lands which are subject matter of the present appeals, demonstrates that the lands under acquisition were fertile and of rich quality. The award further reveals that in some of the lands, there were wells and were irrigated lands and in some of such lands, sugarcane crop was being taken.
5. The evidence on record shows that the claimants had heavily relied upon the sale deed at Exh.50. The claimants had also examined the purchaser of the said land, ::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:52 ::: 12 FA NO.922 OF 2009gr namely, Devidas Bajulge. According to the claimants, it was the comparable sale instance so as to fix the market value of the lands under acquisition. The claimants had relied upon the sale deed dated 5.4.1978 of land survey No.53-D of village Holi, taluka Ausa. In the said transaction, the land admeasuring 1 acre 8 gunthas was sold by one Maruti Bajulge to Devidas Bajulge for consideration of Rs.50,000/-. It was the contention of the claimants that the said land was at the distance of only 1 km from the acquired lands. It was their further contention that the acquired lands were more fertile than the lands which was the subject matter of the sale deed at Exh.50. However, from the discussion made by the Reference Court in the impugned judgment, it is transpired that the Reference Court has not relied upon the said sale instance.
6. In paragraph no.12 of the impugned judgment, the Reference Court has discussed the sale instances relied upon by the acquiring body. The Tribunal has observed that the sale deed on which reliance was placed by the acquiring body was executed in the year 1984. In the said transaction, for purchase of 3 acres of land, the purchaser had paid price of Rs.25,000/-. The Reference Court has further observed that the lands under acquisition were of better quality than the lands which were the subject matter of the sale deed ( Exh.108) ::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:52 ::: 13 FA NO.922 OF 2009gr dated 30th August, 1984. The Reference Court has further observed that there was no well in the land which was the subject matter of the sale deed at Exh.108. The Reference Court has considered the said sale deed at Exh.108 while determining the market value of the lands under acquisition.
7. Thereafter, in paragraph no.18 of the judgment, the Reference Court has elaborately discussed the sale instances relied upon by the concerned Reference Court while deciding the LAR (Group) No.805/1992 and LAR (Group) 342/1998. The claimants had produced on record the certified copies of the judgment and award passed in the aforesaid LARs. The lands which were the subject matters in the said References were also from village Tupadi. The said lands were acquired under the notification dated 4.8.1984 issued under Section 4 of the Act. In the said matter, the compensation was granted to the claimants at the said rate of Rs.30,000/- per acre. The claimants had, therefore, prayed for granting the compensation at the rate of Rs.30,000/- per acre for their lands under acquisition.
8. The learned Reference Court has also, referred to the judgment delivered in LAR No.363/1998. The said matter was in respect of survey No.12/1 of village Shivani Kota and the ::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:52 ::: 14 FA NO.922 OF 2009gr lands which were the subject matter in the said reference were also acquired for the Masalga Medium Project. The concerned reference Court in the said LAR awarded the compensation at the rate of Rs.30,000/- per hectare i.e. Rs.12,000/- per acre.
9. Thus, there were four sale instances before the Reference Court; one was of village Holi dated 5.4.1978 ( Exh.50) wherein 1 acre 8 gunthas of land was sold for Rs.30,000/-; second was from village Tupadi executed on 30th August, 1984 wherein 3 acres of land was sold for Rs.25,000/-;
third was from the judgments in LAR (Group) Nos.348/1998 and 805/1992 wherein the compensation was granted at the rate of Rs.30,000/- per acre for the lands acquired for the Masalga Medium Project; and fourth was from the judgment in LAR No.363/1998, wherein compensation was granted at the rate of Rs.12,000/- per acre. After having considered all the aforesaid sale instances, the learned Reference Court determined the market price of the lands under acquisition at the rate of Rs.15,000/- per acre having regard to the quality and fertility of the lands under acquisition and taking into account the crops being taken in the said lands.
10. After having carefully considered the discussion made by the learned Reference Court in the impugned ::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:52 ::: 15 FA NO.922 OF 2009gr judgment, it appears to me that the learned Reference Court has rightly struck the balance while determining the market price of the lands under acquisition. The learned Reference Court has rightly refused to rely upon the judgment in LAR (Group) No.805/1992 wherein for the acquired lands from village Tupadi, the compensation was granted at the rate of Rs.30,000/- per acre. Similarly, the Reference Court has also not accepted the contention raised on behalf of the acquiring body to determine the market price of the lands under acquisition at the rate of Rs.12,000/- per acre as was given in LAR No.363/1998. Considering the quality, fertility of the lands under acquisition, their location and the crops being taken therein, the Reference Court determined the market price of the said lands at the rate of Rs.15,000/- per acre.
11. In view of the evidence on record and considering the sound reasons provided by the reference Court while determining the market value of the lands under acquisition, it is difficult to accept the contentions raised on behalf of the acquiring body that the compensation as fixed by the Reference Court is unreasonable, or on higher side. On the contrary, as I have noted earlier, the Reference Court has rightly struck the balance in determining the market price of the lands under acquisition. According to me, the Reference Court has ::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:52 ::: 16 FA NO.922 OF 2009gr awarded just and fair enhancement in the amount of compensation to the respective claimants. I, therefore, do not see any reason to cause interference in the impugned common judgment and award. The appeals are devoid of any substance and hence, the following order:
ORDER
1) All the aforesaid First appeals are dismissed without any order as to costs.
2) Pending Civil Applications, if any, stand disposed of.
(P.R.BORA) JUDGE ...
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