Bombay High Court
Ramchandra D.H.(Died)Lrs Balaji ... vs State Of Maharashtra And Anotheer on 13 April, 2016
Bench: P.R. Bora
1 FA NO.282/2001
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.282 OF 2001
1. Ramchandra s/o Deorao Harale,
Aged-60 years, Occu: Agri.,
Died, through L.Rs.
1/1. Balaji s/o. Ramchandra Harale,
Aged-40 years,
1/2. Vijaykumar s/o Ramchandra Harale,
Aged-34 years,
1/3. Ratanbai w/o. Ramchandra Harale,
Aged-60 years,
1/4. Kamalbai d/o. Ramchandra Harale,
Aged-19 years,
1/5. Rajeshwar s/o. Ramchandra Harale,
Aged-21 years,
All Occu: Agriculture &
R/o Kabnoor, Taluka - Mukhed,
District - Nanded.
2. Vijaykumar s/o. Ramchandra Harale,
age, occu, resident as above.
.. APPELLANTS
(ORI.CLAIMANTS)
VERSUS
1. The State of Maharashtra,
through the Collector,
Nanded.
2. The Special Land Acquisition
Officer, M.I.W., Nanded.
.. RESPONDENTS
...
Mr.G.J.Karne, Advocate for Appellants;
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2 FA NO.282/2001
Mr.N.T.Bhagat, AGP for Respondents.
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CORAM : P.R.BORA, J.
th
DATE :
13 April,2016.
ORAL JUDGMENT:
1) Heard the learned Counsel for respective
parties.
2)
Original claimant has filed the present
appeal seeking enhancement in the amount of
compensation awarded by the Reference Court in
LAR No.5/1997.
3) The learned Counsel for appellant
submitted that in First Appeal No.606/1994 with
connected appeals, arising out of the Awards
passed in Land Acquisition References, arising
out of the same Jamkhed Medium Project, for
which, the land, which is the subject matter in
the present appeal, was acquired, this court has
granted an amount of compensation @ Rs.25,000/-
per hectare with solatium @ 30%; the statutory
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3 FA NO.282/2001
benefits and interest as per the law. The
learned Counsel submitted that though the land
which is the subject matter in the present
appeal, is from village Kabnoor, Tq. Mukhed, it
was acquired for the same Jamkhed Medium Project.
The learned counsel submitted that the land,
which was the subject matter in First Appeal No.
606/1994 with connected appeals, the lands were
of village Tupdal, Tq. Mukhed. The learned
counsel submitted that the lands of village
Kabnoor and the land of village Tupdal are
similar in quality and fertility and having same
plus and minus factors. In the circumstances,
the learned Counsel for the appellants prayed for
enhancing the amount of compensation to the
extent as has been granted by this court in First
Appeal No.606/1994 and other connected appeals.
4) The learned AGP has conceded to the
facts stated by the learned Counsel, as aforesaid
A copy of the Judgment and Order passed by this
Court in FA No.606/1994 with connected matters,
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4 FA NO.282/2001
is placed on record.
5) In the present matter, land admeasuring
5 hectares and 59 R. belonging to the
appellant/claimant was acquired for Jamkhed Tank
Medium Project. Section 4 Notification of the
Land Acquisition Act, 1894 (for short the said
Act) was issued on 19th April, 1984. Special Land
Acquisition Officer has passed an Award under
Section 11 of the Act on 13th September 1998. The
Special Land Acquisition Officer has taken into
consideration the price of the lands under
acquisition @ Rs.6,000/- per acre. The present
appellant had claimed enhancement by filing a
Reference, seeking 15,000/- per acre. The
Reference Court, after considering the sale-
instances brought on record, determined
compensation @ Rs.22,000/- per hectare. While
deciding First Appeal No.606/1994 with connected
matters, this Court has enhanced the compensation
to the tune of Rs.25,000/- per hectare. After
having compared the land under acquisition in the
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5 FA NO.282/2001
present matter with the land which was the
subject matter of First Appeal No.606/1994 and
other connected matters, it appears to me that
same criterion can be applied for this land also.
6) For the reasons assigned by this Court
while deciding FA No.606/1994 with connected
matters, I hold the present appellant/claimant
entitled to get the value of his acquired land @
Rs.25,000/- per hectare. Hence, the following
order, -
ORDER
i) The respondent/State is directed to pay
to the present appellants the enhanced
compensation at the rate of Rs.3,000/- per
hectare in addition to the compensation already
determined by the Reference Court at the rate of
Rs. 22,000/- per hectare with all statutory
benefits and interest as per the law;
ii) The appeal is partly allowed in the
aforesaid terms.
(P.R.BORA)
JUDGE
bdv/
