Bombay High Court
State Of Maha & Ors vs Anusayabai Narayan on 1 August, 2016
Bench: P.R. Bora
1 71 FIRST APPEALS 211 OF 2004 OTHERS.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
APPELLATE SIDE JURISDICTION
FIRST APPEAL NO.: 211 OF 2004
1. The Special Land Acquisition Officer (III),
Upper Tapi Project (Hatnur), Jalgaon.
2. The Executive Engineer,
Waghur Project, Jalgaon. ... APPELLANTS
(Ori. Respondents)
VERSUS
Bhagwat Narayan Patil,
Age Major, Occu. Agri.,
R/o. Shingayat, Tq. Jamner,
District Jalgaon. ... RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.: 212 OF 2004
1. The Special Land Acquisition Officer (III),
Upper Tapi Project (Hatnur), Jalgaon.
2. The Executive Engineer,
Waghur Project, Jalgaon. ... APPELLANTS
(Ori. Respondents)
VERSUS
Prabhakar Hiralal Bhavsar,
Age Major, Occu. Agri.,
R/o. Shingayat, Tq. Jamner,
District Jalgaon. ... RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.: 213 OF 2004
1. The Special Land Acquisition Officer (III),
Upper Tapi Project (Hatnur), Jalgaon.
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2 71 FIRST APPEALS 211 OF 2004 OTHERS.odt
2. The Executive Engineer,
Waghur Project, Jalgaon. ... APPELLANTS
(Ori. Respondents)
VERSUS8
Gayabai w/o Shankar Chaudhari,
Age 60 yrs, Occu. Agri.,
R/o. Shingayat, Tq. Jamner,
District Jalgaon. ... RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.: 214 OF 2004
1. The Special Land Acquisition Officer (III),
Upper Tapi Project (Hatnur), Jalgaon.
2. The Executive Engineer,
Waghur Project, Jalgaon. ... APPELLANTS
(Ori. Respondents)
VERSUS
Yeshwant Sitaram Chaudhari,
Age 55 yrs., Occu. Agri.,
R/o. Shingayat, Tq. Jamner,
District Jalgaon. ... RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.: 215 OF 2004
1. The Special Land Acquisition Officer (III),
Upper Tapi Project (Hatnur), Jalgaon.
2. The Executive Engineer,
Waghur Project, Jalgaon. ... APPELLANTS
(Ori. Respondents)
VERSUS
Narayan Tukaram Patil,
Age 40 yrs, Occu. Agri.,
R/o. Shingayat, Tq. Jamner,
District Jalgaon. ... RESPONDENT
(Ori. Claimant)
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3 71 FIRST APPEALS 211 OF 2004 OTHERS.odt
WITH
FIRST APPEAL NO.: 216 OF 2004
1. The Special Land Acquisition Officer (III),
Upper Tapi Project (Hatnur), Jalgaon.
2. The Executive Engineer,
Waghur Project, Jalgaon. ... APPELLANTS
(Ori. Respondents)
VERSUS
Bhagwat Deoram Bhoi,
Age 40 yrs, Occu. Agri.,
R/o. Shingayat, Tq. Jamner,
District Jalgaon. ig ... RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.: 217 OF 2004
1. The Special Land Acquisition Officer (III),
Upper Tapi Project (Hatnur), Jalgaon.
2. The Executive Engineer,
Waghur Project, Jalgaon. ... APPELLANTS
(Ori. Respondents)
VERSUS
Anusayabai w/o Narayan,
Age 45 yrs, Occu. Agri.,
R/o. Shingayat, Tq. Jamner,
District Jalgaon. ... RESPONDENT
(Ori. Claimant)
AND
FIRST APPEAL NO.: 218 OF 2004
1. The Special Land Acquisition Officer (III),
Upper Tapi Project (Hatnur), Jalgaon.
2. The Executive Engineer,
Waghur Project, Jalgaon. ... APPELLANTS
(Ori. Respondents)
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4 71 FIRST APPEALS 211 OF 2004 OTHERS.odt
VERSUS
Bhaskar Tulshiram Kumbhar,
Age Major, Occu. Agri.,
R/o. Shingayat, Tq. Jamner,
District Jalgaon. ... RESPONDENT
(Ori. Claimant)
...
Mr. S. R. Yadav, AGP for Appellants.
Mr. Mukul Kulkarni, Advocate for Respondents.
...
CORAM : P. R. BORA, J.
ig DATE : 01st August, 2016.
ORAL JUDGMENT:
. When the present group appeals is taken up for hearing,
Shri Kulkarni, learned counsel for the original Claimants in all these
appeals brought to the notice of this Court that in the connected
appeals arising out of the same acquisition proceeding, the Division
Bench of this Court in the case of Special Land Acquisition Officer
(III), Jalgaon and another Vs. Bhagwat Vithal Sonwane, reported in,
[ 2009 (4) Mh.L.J. 308 ], has refused to cause interference in the
award passed by the Reference Court and has dismissed the appeal
filed by the State. The learned counsel pointed out that in the
aforesaid decided matter, notification under Section 4 of the Land
Acquisition Act was issued on 21 st August, 1997, notification under
Section 6 was published on 26th February, 1998, whereas the award
5 71 FIRST APPEALS 211 OF 2004 OTHERS.odt
under Section 11 of the Act was passed on 18 th August, 2000. The
learned counsel submitted that in the instant matter also, the dates of
issuance of notification under Section 4, under Section 6 and the date
of the passing of the award under Section 11 are the same. The
learned counsel further pointed out that the land, which was the
subject matter of the appeal, which has been decided by the Division
Bench of this Court was also of the same village where the lands,
which are subject matter in the present appeals are situated. The
learned counsel further submitted that in the said matters also, the
Reference Court had awarded Rs.4,00,000/- per Hectare for Bagayat
land, Rs.2,00,000/- per Hectare for Jirayat land and Rs.1,00,000/- per
Hectare for Pot Kharab land. The learned counsel brought to my
notice that similar rates are awarded in the awards, which are
impugned in the present appeals.
2 The facts so narrated as above by the learned counsel for
the original Claimants have not been disputed by learned AGP
appearing for the Appellants in all these matters. Though it was
sought to be canvassed by the learned AGP that in the present
appeals, the compensation awarded for tress separately may be a
debatable issue since the said issue was not for consideration in the
cited judgment, in view of the discussion made in para 13 of the
6 71 FIRST APPEALS 211 OF 2004 OTHERS.odt
aforesaid judgment, the contention so raised also appears to be
unsustainable. Moreover, in the instant group of appeals, only in two
cases, the compensation has been awarded separately for the trees.
Significantly in the award under Section 11 of the Act the SLAO has
offered separate compensation for trees by mentioning the number of
trees in the respective lands.
3 Considering the facts as aforesaid and more particularly
taking into account that the Division Bench of this Court has confirmed
the award passed by the Reference Court in the case of Special Land
Acquisition Officer (III), Jalgaon and another Vs. Bhagwat Vithal
Sonwane (supra) pertaining to the land from same village and
acquired for the same project, I do not see any reason to take any
contrary view. The present appeals, therefore, deserve to be
dismissed for the reasons assigned by the Division Bench of this Court
in the aforesaid judgment. Hence the following order :
O R D E R
I. The present appeals stand dismissed for the
reasons stated by the Division Bench of this
Court in the case of Special Land
Acquisition Officer (III), Jalgaon and
7 71 FIRST APPEALS 211 OF 2004 OTHERS.odt
another Vs. Bhagwat Vithal Sonwane,
reported in, [ 2009 (4) Mh.L.J. 308 ].
However, in the circumstances of the case, no
order as to the costs.
II. The original Claimants in all the aforesaid
appeals are permitted to withdraw the amount
of compensation, if any, deposited by the
Appellants in this Court and if the same is
already not withdrawn.
[ P. R. BORA, J. ]
ndm
