1 FA NOS.1779/2012 & ORS
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.1779 OF 2012
Rama s/o. Bapu Telange
Age 65 years, Occu. Agri.,
R/o. Rani Wahegaon, Tq. Partur,
Dist. Jalna = APPELLANT
(Ori. Claimant)
VERSUS
1. The State of Maharashtra
Through Collector, Jalna
Dist. Jalna,
2. The Special Land Acquisition officer,
(M.I.W.) Jalna,
Tq. & Dist. Jalna
3. The Executive Engineer
Nimna Dudhana Project,
Sailu, Division Sailu,
Dist. Parbhani = RESPONDENTS
WITH
FIRST APPEAL NO.1777 OF 2012
Ashok s/o. Rambhau Telange,
Age: 41 years, occu. Agri.,
R/o. Rani Wahegaon, Tq. Partur,
Dist. Jalna = APPELLANT
(Ori. Claimant)
VERSUS
1. The State of Maharashtra
Through Collector, Jalna
Dist. Jalna,
2. The Special Land Acquisition officer,
(M.I.W.) Jalna,
Tq. & Dist. Jalna
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2 FA NOS.1779/2012 & ORS
3. The Executive Engineer
Nimna Dudhana Project,
Sailu, Division Sailu,
Dist. Parbhani = RESPONDENTS
WITH
FIRST APPEAL NO.1778 OF 2012
Kashinath s/o. Rambhau Telange
Age 39 years, Occu. Agri.,
R/o. Rani Wahegaon, Tq.Partur,
Dist. Jalna = APPELLANT
(Ori. Claimant)
VERSUS
1. The State of Maharashtra
Through Collector, Jalna
Dist. Jalna,
2. The Special Land Acquisition officer,
(M.I.W.) Jalna,
Tq. & Dist. Jalna
3. The Executive Engineer
Nimna Dudhana Project,
Sailu, Division Sailu,
Dist. Parbhani = RESPONDENTS
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Mr. Kailas B. Jadhav, Advocate for Appellant/s;
Mr. S.P. Sonpawale, AGP for Respondent/State;
Mr. B.R. Surwase, Advocate for acquiring
body/Respondent.
-----
CORAM : P.R.BORA, J.
DATE :
17 th July,2017.
ORAL JUDGMENT:
1) Print dispensed with. Since the present
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3 FA NOS.1779/2012 & ORS
appeals are filed challenging the common Judgment and Award passed by District Judge-2, Jalna on 21st April, 2009 (hereinafter referred to as the Reference Court) in LAR No.325/2002 with three other connected LARs, I deem it appropriate to decide all these appeals by a common reasoning.
2) The lands, which are the subject matter of the present appeals were acquired for lower Dudhana Project from village Rani Wahegaon. Notification under Section 4 of the Land Acquisition Act, 1894 (for short, the Act) in that regard was published in the official gazette on 23rd June, 1995 and award under Section 11 came to be passed on 25th November, 1999. The Special Land Acquisition Officer had offered the compensation @ Rs.817/- per Are for dry land. In some matters, it was awarded @ Rs.830/- per Are and in some matters @ Rs.786/- per Are. Dissatisfied by the compensation, so offered, the appellants preferred applications under Section 18 f the Act to Collector, Jalna, who in turn ::: Uploaded on - 21/07/2017 ::: Downloaded on - 22/07/2017 00:05:34 ::: 4 FA NOS.1779/2012 & ORS forwarded the said applications for adjudication to the District court at Jalna. The claimants had claimed compensation @ Rs.2,000/- per Are. The Reference Court, after having assessed the oral and documentary evidence brought on record before it, determined the market value of the acquired lands @ Rs.1200/- per Are for non- irrigated land and accordingly enhanced the amount of compensation. The appellants have preferred the present appeals seeking enhancement in the amount of compensation so awarded by the Reference Court.
3) Shri Jadhav, learned Counsel appearing for the appellants, submitted that in one of the Land Acquisition References bearing LAR No. 59/2002 arising out of the same acquisition proceedings and the same notification, the Reference Court has awarded the compensation @ Rs.2,500/- per Are. The learned counsel submitted that the said judgment has not been challenged by the acquiring body or by the State ::: Uploaded on - 21/07/2017 ::: Downloaded on - 22/07/2017 00:05:34 ::: 5 FA NOS.1779/2012 & ORS and, therefore, the appellants in the present appeals are entitled to receive the compensation at par with the compensation awarded by the Reference Court in LAR No.59/2002. The learned counsel further submitted that even otherwise, the Reference Court has failed in properly appreciating the sale instances brought on record by the appellants. The learned counsel, therefore, prayed for allowing the appeals by enhancing the amount of compensation to Rs.2,500/- per Are.
. The learned counsel further submitted that in some of the matters, which were brought in appeal before the High court, arising out of the same acquisition proceedings for the same project, the High court has enhanced the amount of compensation @ Rs.3,000/- per Are for the irrigated land. The learned Counsel has tendered across the Bar a copy of the judgment of this court (Coram: V.K.Jadhav,J.) delivered in First Apeal No.2733/2013 on 3rd July, 2017. ::: Uploaded on - 21/07/2017 ::: Downloaded on - 22/07/2017 00:05:34 :::
6 FA NOS.1779/2012 & ORS 4) Shri Surwase, learned counsel appearing
for the acquiring body opposed the submissions made on behalf of the appellants. The learned counsel submitted that the decision rendered by the Reference Court in LAR No.59/2002 would not apply to the facts of the present case since the lands, which are the subject matter of the present appeals are admittedly Jirayat lands and the land which was the subject matter of LAR No. 59/2002 was fully irrigated land. The learned Counsel further submitted that this court, while deciding First Appeal No.2733/2013 also has not awarded the compensation @ Rs.2,500/- per Are for non-irrigated land. The learned counsel pointed out that this court has determined the market value of the lands in the said appeals @ Rs. 1500/- per Are for non-irrigated land; @ Rs. 2250/- for semi-irrigated land and Rs.3,000/- per Are for fully irrigated land. The learned Counsel submitted that in view of the decision of this court in the aforesaid first appeal as well as other companion appeals, appropriate orders ::: Uploaded on - 21/07/2017 ::: Downloaded on - 22/07/2017 00:05:34 ::: 7 FA NOS.1779/2012 & ORS may be passed.
5) I have carefully considered the submissions advanced by learned counsel appearing for the respective parties. It is not in dispute that the lands, which are the subject matter of the present appeals were acquired for Lower Dudhana Project. The lands were acquired for the said project from 22 different villages. From the evidence which has come on record, there is reason to believe that all these villages are adjacent to each other and also situated in Circle. Having considered the position as above and having considered the fact that in the companion appeals, this court has determined the market value of the lands acquired from villages Devala, Kedar Wakadi and Rani Wahegaon, the same criterion needs to be applied for determining the market value of the lands involved in the present appeals. To that extent, the amount of compensation needs to be enhanced. ::: Uploaded on - 21/07/2017 ::: Downloaded on - 22/07/2017 00:05:34 :::
8 FA NOS.1779/2012 & ORS 6) In the judgment delivered in First
Appeal No.2733/2013 and other connected appeals, , this Court has relied upon the earlier judgment delivered by this court in First Appeal No.2740/2016, wherein this court has enhanced the amount of compensation by determining the market value at the rate of Rs.1,500/- per Are for non-irrigated land. It is not in dispute that the lands, which are involved in the present appeals are all non-irrigated lands. The appellants are, therefore, entitled to receive compensation @ Rs.1500/- per Are for their acquired non-irrigated lands and @ Rs.750/- per Are for pot kharab lands.
7) For the reasons stated above, following order is passed, -
ORDER
i) The appellants are entitled for the compensation @ Rs.1500/- per Are for non-irrigated lands and @ Rs.750/- per Are for charabanc lands;
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9 FA NOS.1779/2012 & ORS
ii) The appellants are also
entitled for the statutory benefits and the interest in accordance with law;
iii) The impugned order to the extent of interest granted under section 34 of the Act, stands set aside. Such interest is made payable from the date of the Awad under Section 11 of the Act;
iv) The Award be accordingly
modified;
v) The appeals stands allowed in
the aforesaid terms. Pending civil
application, if any stands disposed of.
(P.R.BORA) JUDGE bdv/ ::: Uploaded on - 21/07/2017 ::: Downloaded on - 22/07/2017 00:05:34 :::