Bombay High Court
Ravindra S/O Bapuji Jenekar vs Western Coalfields Limited, ... on 27 April, 2016
Bench: A.S. Chandurkar
fa910.15.odt 1/23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
FIRST APPEAL NO.910 OF 2015
APPELLANT: Ravindra S/o Bapuji Jenekar, Age-67
Yrs Occ.- Agriculturist, R/o
(On R.A.)
Goyegaon, Tahsil - Rajura, Dist.
Chandrapur.
-VERSUS-
RESPONDENTS: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar Darda Advocate for the respondent
----------------------------------------------------------------------------------------------------
WITH
FIRST APPEAL NO.51 OF 2016
APPELLANT: Bhauji S/o Ganpati Tajne, Age - 30
Yrs occ.- Agriculturist, R/o Goyegaon,
Ori. Claimant
Tahsil-Rajura, Dist- Chandrapur.
(On R.A.)
-VERSUS-
RESPONDENTS: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
Ori. Respondent
area Post Sasti, Tahsil Rajura,
(On R.A.) District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar Darda Advocate for the respondent
WITH
fa910.15.odt 2/23
FIRST APPEAL NO.52 OF 2016
APPELLANTS: 1. Vithabai S/o Maroti Bonde, Age - 42
Yrs Occ.- Agriculturist,
(On R.A.)
Ori. Claimants
2. Bayanabai S/o Ganpati More, Age -
42 Yrs occ.- Agriculturist,
3. Maroti S/o Ganpati More, Age - 42
Yrs Occ.- Aglriculturist,
All 1 to 3 R/o Goyegaon, Tahsil-
Rajura, Dist - Chandrapur.
-VERSUS-
RESPONDENTS: ig Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
Ori.Respondent. District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri C. S. Samudra, Advocate for the respondent
----------------------------------------------------------------------------------------------------
WITH
FIRST APPEAL NO.53 OF 2016
APPELLANT: Kawadu S/o Bajirao Petkar, Age - 45
Yrs Occ.- Agriculturist, R/o -
(On R.A.)
Goyegaon, Tahsil-Rajura Dist.
Ori. Claimant Chandrapur.
-VERSUS-
RESPONDENTS: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
Ori. Respondent. District-Chandrapur.
fa910.15.odt 3/23
Shri A.B. Nakshane, Advocate for the appellant.
Shri C. S. Samudra, Advocate for the respondent
----------------------------------------------------------------------------------------------------
WITH
FIRST APPEAL NO.345 OF 2015
APPELLANT: Maruti S/o Madhao Dhawas, Age -
55 Yrs Occ.- Agriculturist, R/o
(On R.A.)
Goyegaon, Tahsil - Rajura, Dist -
Ori. Claimants Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
(On R.A.)
Ori.Respondent.
ig its Chief General Manager, Ballarpur
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
-----------------------------------------------------------------------------------------------
WITH
FIRST APPEAL NO.354 OF 2015
APPELLANT: Bandu S/o Soma Kodape, Age - 44
Yrs Occ- Agriculturist, R/o Goyegaon,
Ori. applicant
Tahsil-Rajura, Dist - Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
Ori. Non-applicant
area Post Sasti, Tahsil Rajura,
( R.A.) District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
fa910.15.odt 4/23
WITH
FIRST APPEAL NO.358 OF 2015
APPELLANT: Sau. Sushila w/o Maroti Ahirkar, Age
- 42 Yrs Occ.- Agriculturist, R/o -
Ori. Defendant
Goyegon, Tahsil - Rajura Dist-
(On R.A.) Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
Ori. Respondent
area Post Sasti, Tahsil Rajura,
( On R.A.) District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.391 OF 2015
APPELLANT: Bhagwan S/o Madhaorao Dethe, Age
- 36 Yrs occ.- Agriculturist, R/o-
Ori. Appellant
Goyegaon, Tahsil-Rajura, Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
Ori. Respondent
area Post Sasti, Tahsil Rajura,
( R.A.) District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
fa910.15.odt 5/23
FIRST APPEAL NO.639 OF 2015
APPELLANT: Sudhakar S/o Maroti Lande, Age - 35
Yrs Occ.-Agriculturist, R/o -
(On R.A.)
Goyegaon, Tahsil - Rajura, Dist -
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.700 OF 2015
APPELLANT: Wasudeo S/o Kisna Wadaskar Age -
45 Yrs Occ- Agriculturist, R/o
(On R.A.)
Goyegaon, Tahsil-Rajua Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.729 OF 2015
fa910.15.odt 6/23
APPELLANT: Madhukar S/o Maruti Lande, Age -
40 Yrs Occ.-Agriculturist, R/o -
Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
ig WITH
FIRST APPEAL NO.730 OF 2015
APPELLANT: Harishchandra S/o Warlu Hepat, Age
- 40 Yrs Occ.- Agriculturist, R/o -
Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.731 OF 2015
fa910.15.odt 7/23
APPELLANT: Kisan S/o Madhao Wadaskar, Age -
70 Yrs Occ.-Agriculturist, R/o-
Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
ig WITH
FIRST APPEAL NO.732 OF 2015
APPELLANT: Bhauji S/o Tukaram More, Age - 46
Yrs Occ.-Agriculturist, R/o Goyegaon,
Tahsil-Rajura, Dist. Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.733 OF 2015
Shamrao S/o Bapuji Diwase, Aged -
32 Yrs Occ. - Agriculturist, R/o
Goyegaon, Tahsil-Rajura, Dist-
Chandrapur.
fa910.15.odt 8/23
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.734 OF 2015
APPELLANT:
(On R.A.)
ig Ramdas S/o Govinda Tajne, Age - 37
Yrs occ.-Agriculturist, R/o -
Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri C. S. Samudra, Advocate for the respondent
WITH
FIRST APPEAL NO.735 OF 2015
APPELLANT: Manohar S/o Sadashiv Gore, Age -
57 Yrs Occ-Agriculturist, R/o-
(On R.A.)
Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
fa910.15.odt 9/23
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.737 OF 2015
APPELLANT: Madhukar S/o Govinda Tajne, Age -
37 Yrs Occ.-Agriculturist, R/o-
(On R.A.)
ig Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.828 OF 2015
APPELLANT: Bapuji S/o Gopala Jenekar, Age - 67
Yrs Occ.- Agriculturist, R/o-
(On R.A.)
Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
fa910.15.odt 10/23
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.911 OF 2015
APPELLANT: Tukaram S/o Bija Lipate, Dead
Through LRs
(On R.A.)
1. Smt. Anandabai Wd/o Tukaram
Lipate, Age 70 Yrs Occ.- Agriculturist,
2. Sau. Jijabai W/o kisan Pawar, Age 50
ig Yrs Occ.- Agriculturist,
3. Ganesh S/o Tukaram Lipate, Age 40
Yrs, Occ.- Agriculturist,
4. Ramesh S/o Tukaram Lipate, Age 35
Yrs Occ.- Agriculturist,
5. Sau. Gita W/o Janrao Bhagat, Age -
34 Yrs Occ.- Agriculturist,
6. Lata Tukaram Lipte, Age 29 Yrs Occ.-
Agriculturist,
7. Sudhakar Tukaram Lipte, Age 32 Yrs
Occ: Agriculturist,
All Appellant Nos.1 to 6 R/o
Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
fa910.15.odt 11/23
FIRST APPEAL NO.912 OF 2015
APPELLANT: Pandhari S/o Shankar Satpute, Age -
35 Yrs Occ.-Agriculturist, R/o
(On R.A.)
Goyegaon, Tahsil-Rajura Dist-
Ori. Appellant Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
Ori. Non-applicant District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.914 OF 2015
APPELLANT: Ganpati S/o Govinda Tajne, Age - 30
Yrs Occ.- Agriculturist, R/o-
(On R.A.)
Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.931 OF 2015
fa910.15.odt 12/23
APPELLANT: Sudhakar S/o Ramkisan Diwase, Age
- 30 Yrs Occ.- Agriculturist, R/o-
Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
ig WITH
FIRST APPEAL NO.932 OF 2015
APPELLANT: Jankiram S/o Bapuji Longadge, Age -
5o Yrs Occ.- Aglriculturist, R/o -
(On R.A.)
Goyegaon, Tahsil-Rajura Dist-
Ori. applicant Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
Ori. Respondent District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.933 OF 2015
fa910.15.odt 13/23
APPELLANT: 1. Sau. Shila S/o Yadao Asutkar, Age 40
Yrs Occ.- Agriculturist,
(On R.A.)
Ori. Appellant
2. Sau. Lilabai S/o Govinda Bonde, Age
45 Yrs Occ.- Agriculturist, R/o -
Goyegaon, Tahsil-Rajura, Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
Ori. Non-appellant District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
WITH
FIRST APPEAL NO.934 OF 2015
APPELLANT: Sau. Lilabai W/o Madhukar Bhoyar,
Age - 40 Yrs Occ.- Agriculturist, R/o
(On R.A.)
Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
fa910.15.odt 14/23
WITH
FIRST APPEAL NO.1037 OF 2015
APPELLANT: Motiram S/o Vyanka Paipare, Age -
39 Yrs Occ.- Agriculturist, R/o -
(On R.A.)
Goyegaon, Tahsil-Rajura Dist-
Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri C. S. Samudra, Advocate for the respondent
WITH
FIRST APPEAL NO.1071 OF 2015
APPELLANT: Soma Bhima Kodape, Age - 67 Yrs
Occ.- Agriculturist, R/o- Goyegaon,
(On R.A.)
Tahsil-Rajura Dist- Chandrapur.
Ori. Appellant
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
Ori. Non-appellant District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri C. S. Samudra, Advocate for the respondent
WITH
FIRST APPEAL NO.1105 OF 2015
fa910.15.odt 15/23
APPELLANT: Haribhau S/o Ramkisan Diwase, Age
37 Yrs Occ.-Agriculturist, R/o
(Ori. Appllant)
Goyegaon, Tahsil-Rajura, Dist-
(On R.A.) Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(Ori. Non-appellant)
area Post Sasti, Tahsil Rajura,
( R.A.) District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri Tushar R. Darda, Advocate for the respondent
ig WITH
FIRST APPEAL NO.1119 OF 2015
APPELLANT: Ashok S/o Sitaram Bonde, Age - 42
Yrs Occ.- Agriculturist, R/o-
(Ori. Plaintiff)
Goyegaon, Tahsil-Rajura Dist-
(On R.A.) Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(Ori. Defendant)
area Post Sasti, Tahsil Rajura,
(On R.A.) District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri C. S. Samudra, Advocate for the respondent
WITH
FIRST APPEAL NO.1164 OF 2015
fa910.15.odt 16/23
APPELLANT: Anandrao Jairam Diwse, Age - 61 Yrs
Occ.- Agriculturist, R/o Goyegaon,
(On R.A.)
Tahsil-Rajura, Dist- Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri C. S. Samudra, Advocate for the respondent
WITH
ig FIRST APPEAL STAMP NO.9496 OF 2015
APPELLANT: Nanaji S/o Tukaram More Dead
Through Lrs.
(On R.A.)
(Ori. Appellant)
i) Pushpatai wd/o Nanaji More, Age -
48 Yrs Occ.- Agriculturist,
ii) Sau. Vandana Suresh Parkhi, Age 30
yrs, Occ-Agriculturist,
Iii) Sachin Nanaji More, Age-24 yrs, Occ-
Agriculturist,
I to iii all R/o - Goyegaon, Tahsil
Rajura Dist- Chandrapur.
-VERSUS-
RESPONDENT: Western Coalfields Limited, through
its Chief General Manager, Ballarpur
(On R.A.)
area Post Sasti, Tahsil Rajura,
(Ori. Non-appellant) District-Chandrapur.
Shri A.B. Nakshane, Advocate for the appellant.
Shri C. S. Samudra, Advocate for the respondent
fa910.15.odt 17/23
CORAM: A.S. CHANDURKAR, J.
DATED: 27
th APRIL, 2016.
ORAL JUDGMENT :
1. Notice for final disposal of these appeals has
been issued. Accordingly, the learned Counsel for the
parties have been heard at length by admitting the
appeals.
2. The appellants herein are the original
claimants whose lands came to be acquired pursuant
to the provisions of the Coal Bearing Areas
(Acquisition and Development) Act, 1957 (for short,
the said Act). Each of the claimants was granted
compensation in terms of the provisions of Section
13(5) of the said Act. As the claimants were not
satisfied with the quantum of compensation, they had
approached the Special Tribunal seeking enhancement
in the amount of compensation under Section 14(2)
read with 17(2) of the said Act. The Special Tribunal
disallowed the claim for enhancement of
compensation in so far as the acquired land was
concerned. However, the amount of interest payable to
the claimants was increased. Being aggrieved, these
fa910.15.odt 18/23
appeals have been filed under Section 20 of the said
Act.
3. Shri A. B. Nakshane, the learned Counsel for
the appellants submitted that the respondent -
acquiring body was liable to pay enhanced
compensation to the claimants in view of Government
Resolution dated 22-8-2012 which was issued by the
Revenue and Forest Department of the State of
Maharashtra. He submitted that initially Government
Resolution dated 25-5-2012 had been issued in which
an amount of Rs.6,00,000/- for dry crop land,
Rs.8,00,000/- for semi-irrigated land and
Rs.10,00,000/- for irrigated land was granted as
compensation. As per said Government Resolution,
these rates of compensation were not granted in cases
where the notification under Section 4 of the Land
Acquisition Act, 1894 had been issued prior to
25-5-2012. However, by Government Resolution dated
22-8-2012, it had been clarified that this stipulation in
the earlier Government Resolution had been cancelled
and the amount of compensation was now made
applicable in all cases of acquisition. Relying upon the
fa910.15.odt 19/23
judgment of the Division Bench in Writ Petition
No.4722/2014 (Sau. Sunitabai Bhaurao Chikankar Vs.
Western Coalfields Ltd., Nagpur) decided on 8-6-2015,
it was submitted that this Court had granted
compensation to the petitioners therein by relying
upon aforesaid Government Resolution. He, therefore,
submitted that as the appellants herein are similarly
situated, they are also entitled for the benefits of the
Government Resolution dated 22-8-2012.
4. Shri C. S. Samudra and Shri Tushar R. Darda
and the learned Counsel for the respondents opposed
aforesaid submissions. According to them, the
claimants before the Special Tribunal had restricted
their claim to grant of appropriate interest under
provisions of Section 17(3) of the said Act and the
quantum of compensation which was granted under
provisions of Section 13(5) of the said Act was not
challenged. They also contested the submission that
Government Resolution dated 22-8-2012 was
retrospective in operation. It was submitted that this
Government Resolution was not relied upon by the
appellants before the Special Tribunal and, therefore,
fa910.15.odt 20/23
the appellants were precluded from seeking relief on
that basis.
In the alternative and without prejudice to
the aforesaid submissions, it is urged that in case the
Court intends to consider the applicability of the
Government Resolution dated 22-8-2012, the
proceedings be remitted to the Special Tribunal so that
the aspect of applicability of the same to the individual
cases could be considered.
5. The following point arises for consideration
in the appeals:
Whether the claimants are entitled to rely
upon the Government Resolution dated 22-8-2012 for
seeking enhanced compensation?
6. It is not in dispute that the lands in question
have been acquired pursuant to proceedings initiated
under Section 4 and 9 of the said Act. Thereafter, each
land owner has been paid compensation under
provisions of Section 13(5) of the said Act. It is evident
from the record that before the Special Tribunal the
quantum of compensation which was awarded was not
specifically challenged and the claim was restricted to
fa910.15.odt 21/23
the amount of interest payable under Section 17(3) of
the said Act. In this background, the submission made
on behalf of the appellants for enhancement of
compensation in the light of Government Resolution
dated 22-8-2012 has to be considered.
7. The Government Resolution dated
22-8-2012 stipulates the manner in which the
compensation is required to be granted when the lands
are acquired under the provisions of the said Act. This
Government Resolution was in existence when the
proceedings were decided by the Special Tribunal.
Though it is a fact that the claimants did not seek
enhancement of the amount of compensation by
relying upon Government Resolution dated 22-8-2012
before the Special Tribunal, it cannot be lost sight of
that the lands of the claimants have been acquired. If
under Government Resolution dated 22-8-2012 they
are entitled for the higher amount of compensation,
the same is required to be taken into consideration.
The entitlement to grant of fair compensation for
acquisition of land is a legal right which cannot be lost
sight of. Considering the fact that Government
fa910.15.odt 22/23
Resolution dated 22-8-2012 was in operation when
the claim for compensation was decided by the Special
Tribunal, the interests of justice would be served if the
Special Tribunal is directed to reconsider the
applications for grant of compensation by taking into
consideration the aspect of applicability of
Government Resolution dated 22-8-2012. The
observations of the Division Bench in Sau. Sunitabai
Bhaurao Chikankar (supra) also cannot be lost sight of
as similarly situated land owners have been held
entitled for the benefit of Government Resolution
dated 22-8-2012. Hence, the point as framed is
answered by holding that the claimants are entitled to
rely upon Government Resolution dated 22-8-2012 for
seeking fair compensation. However, the applicability
of said Government Resolution is required to be
considered by the Special Tribunal in each individual
case.
8. In view of aforesaid, the following order is
passed:
(1) The orders passed by the Special Tribunal in
proceedings under Section 17(2) of the said Act that
fa910.15.odt 23/23
are impugned in these appeals are set aside.
(2) The proceedings are remitted to the Special
Tribunal to decide the proceedings in accordance with
law and in the light of the observations made herein
above. It is made clear that the respective contentions
of the parties with regard to applicability of
Government Resolution dated 22-8-2012 in the
respective cases has been kept expressly open and the
Special Tribunal shall decide the claim applications on
their own merits and in accordance with law.
(3) The appellants shall appear before the
Special Tribunal on 20-6-2016. The parties are at
liberty to amend their respective pleadings.
(4) The Claims Tribunal shall decide the claim
applications expeditiously and preferably within a
period of four months from said date.
(5) The first appeals are allowed in aforesaid
terms with no order as to costs.
JUDGE
//MULEY//
