Bombay High Court
State Of Maharashtra vs Laxman Nana Nirfal on 26 April, 2016
Bench: V.K. Jadhav
1 FA 147.2004.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 147 OF 2004
THE STATE OF MAHARASHTRA
VERSUS
LAXMAN NANA NIRFAL
age 50 years, Occ. Agri,
R/o Limbejalgaon, Tq. Gangapur,
District. Aurangabad.
ig ...
Advocate for Appellant : Mr K D Mundhe
Advocate for Respondent : Mr C K Sonawane
And N.R.Thorat
...
CORAM : V.K. JADHAV, J.
Dated: April 26, 2016
...
ORAL JUDGMENT :-
1. The Government has acquired agricultural land of
the claimant for 'Tembhapuri Medium Project' to be
constructed at village Lilmbejalgaon and, for that
purpose the Government had issued notification u/s 4
of the Land Acquisition Act on 12.04.1984. The Special
Land Acquisition Officer, after carrying out inquiry and
after collecting the evidence fixed the market price of the
land by preparing final Award and accordingly awarded
compensation @ Rs.140/- per R. Being dissatisfied with
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2 FA 147.2004.odt
the same, the claimants have filed Reference. The
learned 4th Jt. Civil Judge S.D., Aurangabad, by its
impugned order dated 5.12.1996 in LAR No.374/1996
awarded compensation @ Rs.150/- per R in addition to
the compensation awarded by the SLAO @ Rs.140/- per
R. Being aggrieved by the said Judgment and Award,
the State Government has preferred this appeal.
2.
The learned AGP submits that, the SLAO after
following due procedure and considering all the aspects
i.e. fertility, potential and quality of the land under
acquisition, awarded just and reasonable compensation.
The learned AGP submits that, the Reference Court has
committed an error in awarding the enhanced
compensation at excessive and exorbitant rate. The
learned AGP submits that, the Reference Court has
considered two sale instances but those sale instances
are from the different villages and not reflecting the
correct marked price of the acquired land.
3. The learned counsel for respondent/original
claimant submits that, the Reference Court, after
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3 FA 147.2004.odt
considering the entire evidence on record awarded just
and reasonable compensation in this case. Learned
counsel submits that, even this Court in Civil
Application No.1727 of 2004 in FA Stamp No.1850/2001
has confirmed the order of Reference Court granting
compensation in respect of the same project by fixing
three market rates i.e. 294/- per R for dry land,
Rs.441/- per R for irrigated land and Rs.588/- per R for
perennially irrigated lands respectively. This Court,
accordingly dismissed said first appeal preferred by the
State.
4. Learned counsel submits that in the case in hand,
Reference Court has granted enhanced compensation @
Rs.290/- per R only.
5. On careful perusal of the impugned Judgment and
Award, it appears that, the Reference Court, after
considering the entire evidence on record, rightly
granted compensation @ Rs.291/- per R for Dry land
owned and possessed by the respondent/original
claimant. Furthermore, this Court in CA No.1727/2004
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4 FA 147.2004.odt
in FAST No.1850/2001 considered the first appeals
arises out of the Reference decided by the Court below
in respect of the same project and accordingly,
confirmed the order passed by the Reference Court and
dismissed the appeal preferred by the State. In the case
in hand, the Reference Court has granted compensation
@ Rs.290/- per R which is less than the rate awarded by
this Court in the said appeal.
6. In view of this, I do not find any substance in the
appeal. Appeal is therefore liable to be dismissed.
Hence, order.
O R D E R
1. First Appeal is hereby dismissed.
2. In the circumstances, there shall be no
order as to costs.
( V.K. JADHAV, J. )
...
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