Bombay High Court
Suresh S/O Prahladrao Deshmukh vs State Of Maharashtra, Through ... on 13 April, 2016
Bench: A.S. Chandurkar
1 fa.234.11.jud
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.234 OF 2011
Appellant : Taterao Kachru Deshmukh,
Aged 47 years, Occu. Agriculturists,
R/o Antri Deshmukh,
Tah. Mehkar, Distt. Buldhana.
ig -- Versus --
Respondents : 1] State of Maharashtra,
through Collector, Buldhana.
2] The Special Land Acquisition Officer,
Buldhana.
3] Executive Engineer,
Minor Irrigation Division No.2,
Chikhali, Distt. Buldhana.
with
FIRST APPEAL NO.247 OF 2011
Appellant : Suresh s/o Prahladrao Deshmukh,
Aged about 50 yrs. Occu. Agriculturist,
R/o Antri Deshmukh,
Tah. Mehkar, Distt. Buldana.
-- Versus --
Respondents : 1] State of Maharashtra,
through Collector, Buldhana.
2] Special Land Acquisition Officer,
Buldhana.
3] Executive Engineer, Minor Irrigation,
Division No.2, Chikhali, Distt. Buldhana.
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2 fa.234.11.jud
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Shri Tushar Darda, Advocate for the Appellants.
Ms. N.P. Mehta, A.G.P. for the Respondents.
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C ORAM : A.S. CHANDURKAR, J.
DATE : APRIL 13, 2016.
ORAL JUDGMENT :-
Since both these appeals relate to land acquired from village
Antri Deshmukh and were the subject matter of acquisition by notification
dated 01/01/1998, they are being decided by this common judgment.
02] Field Survey No.520, admeasuring about 1 hectare 88 ares
was the subject matter of aforesaid acquisition giving rise to L.A.C.
No.136/2000. The adjudication therein is challenged in First Appeal
No.234/2011.
Land bearing Survey No.488, admeasuring 49 ares was the
subject matter of L.A.C. No.135/2000 that has given rise to First Appeal
No.247/2011.
03] By award dated 06/11/1999, the Land Acquisition Officer
granted compensation at the rate of Rs.46,000/- per hectare. In reference
3 fa.234.11.jud
proceedings filed by the claimants, the compensation was enhanced to
Rs.96,000/- per hectare. Being aggrieved, the claimants have filed the
aforesaid appeals.
04] Shri Tushar Darda, the learned counsel for the appellants
submitted that before the Reference Court, the claimants had relied upon
sale instance dated 20/05/1997 at Exh.23. This sale instance was for sale
of land to the extent of 1 hectare 01 are for Rs.2,32,500/-. He submitted
that in L.A.C. Nos.137/2000 and 139/2000, the Reference Court had
granted compensation of Rs.1,50,000/- per hectare. The said amount of
compensation as granted by the Reference Court has been maintained by
this Court in First Appeal Nos.1133/2011 and 15/2012 decided today. He,
therefore, submitted that as the acquired lands are from the said village
and it has been found that other lands from the same village are entitled to
receive an amount of Rs.1,50,000/- as compensation, the same amount
deserves to be granted in these appeals. He, therefore, submitted that the
judgment of the Reference Court deserves to be modified accordingly.
05] Ms. N.P. Mehta, the learned Assistant Government Pleader for
the respondents does not dispute the fact that the acquired lands are from
village Antri Deshmukh and in First Appeal Nos.1133/2011 and 15/2012,
4 fa.234.11.jud
the rate of Rs.1,50,000/- per hectare as compensation has been confirmed.
It is also not in dispute that the same sale instance dated 20/05/1997 was
relied upon by the appellants in these appeals before the Reference Court.
06] The following point arises for consideration :
Whether the appellants are entitled for enhancement in the
amount of compensation?
07] With the assistance of the learned counsel for the parties, I
have perused the record. In L.A.C. No.136/2000, the sale-deed dated
20/05/1997 at Exh.23 was relied upon. The said sale-deed was considered
in the aforesaid appeals which are decided today. On that basis, it was
held that the appellants therein were entitled to received compensation of
Rs.1,50,000/- per hectare. Considering the fact that the lands in questions
are from village Antri Deshmukh and on the basis of same evidence, the
amount of Rs.1,50,000/- as has been found to be fair compensation, the
appellants would be entitled for enhancement in the amount of
compensation to that extent. The point as framed is accordingly answered
by holding that the appellants are entitled to receive compensation for the
acquired land at the rate of Rs.1,50,000/- per hectare.
5 fa.234.11.jud
08] In view of aforesaid, the following order is passed :
(I) The judgment of the Reference Court in L.A.C. Nos.136/2000
and 135/2000 is partly modified.
(II) It is held that the appellants are entitled to receive
compensation at the rate of Rs.1,50,000/- per hectare. Rest of
the award stands confirmed.
(III) The first appeals are allowed in aforesaid terms with no order
as to costs.
JUDGE
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