Bombay High Court
Rkhminibai Keshavrao Damekar & ... vs State Of Maharashtra & Anr on 22 August, 2016
Bench: P.R. Bora
1 FA NO.604/2002
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.604 OF 2002
1. Rukhminibai w/o. Keshavrao Damekar,
Age- 55 years,
2. Vithal s/o. Keshavrao Damekar
(Deceased through Lrs.)
a) Laxman Vithalrao Damekar,
Age-35 years, Occu : Agri.
b) Shri. Sachin Vithalrao Damekar,
Age Major, Occu : Agri.
3. Venkat S/o. Keshavrao Damekar,
Age-30 years,
4. Keshavrao S/o. Piraji Damekar,
(Deceased through Lrs)
a) Prakasharao Keshavrao Damekar,
Age 52 years, Occu : Agri.
b) Bharat Keshavrao Damekar,
Age 50 years, Occu : Agri.
c) Nandkishor Kashavrao Damekar,
Age 46 years, Occu : Agri.
d) Chandrakant Keshavrao Damekar,
Age 44 years, Occu : Agri.
e) Smt. Sima Ramakant Damekar,
Age 35 years, Occu : Household.
f) Umakant Keshavrao Damekar,
Age 40 years, Occu : Agri.
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2 FA NO.604/2002
5. Prakash s/o. Keshavrao Damekar,
Age 25 years.
All r/o. Village Tupdal, Tq. Mukhed,
District Nanded.
...APPELLANTS
(ORI. CLAIMANTS)
VERSUS
1. The State of Maharashtra, through Collector,
Nanded.
2. The Special Land Acquisition Officer,
P.T. & M.I.W., Nanded.
ig ...RESPONDENTS
...
Shri G.J.Karne, Advocate for the appellants.
Shri S.P.Deshmukh, AGP for respondent State.
...
CORAM: P.R.BORA, J.
Date: 22nd August, 2016.
...
JUDGMENT:
1. Heard learned Counsel for the respective
parties.
2. The appellants have filed the present appeal
seeking enhancement in the amount of compensation
awarded by the Civil Judge, Senior Division, at Biloli, in
Land Acquisition Reference No.71/1993 (Old No.34/1992).
3 FA NO.604/2002
3. Learned Counsel for the appellants submitted
that in First Appeal No.606/1994 with connected appeals
arising out of the awards passed in the Land Acquisition
References arising out of the same Jamkhed Medium
Project for which the lands which are the subject matter in
the present appeals were acquired, this Court ( Coram:
M.T.Joshi, J.) has awarded the compensation at the rate of
Rs.25,000/- (Rs. Twenty five thousand) per hectare with
solatium at the rate of 30 per cent and the statutory
benefits and interest as per the provisions under the Land
Acquisition Act. Learned Counsel submitted that the lands
which are the subject matter of the present appeal are
from village Tupdal. Learned Counsel further submitted
that the lands which were the subject matters in First
Appeal No.606/1994 with connected appeals were also
from village Tupdal, taluka Mukhed. Learned Counsel
submitted that the lands involved in the present appeal
are, in all respects, at par with the lands which were the
subject matter in First Appeal No.606/1994 with connected
appeals. Learned Counsel, therefore, prayed for
enhancing the amount of compensation in the present
4 FA NO.604/2002
appeal also at par with the compensation awarded by this
Court in First Appeal No.606/1994 with connected appeals.
4. Learned A.G.P. has not disputed that in First
Appeal No.606/1994 with connected appeals, this Court
( Coram: M.T.Joshi, J.) has awarded the compensation at
the rate of Rs.25,000/- ( Rs. Twenty five thousand) per
hectare.
Learned A.G.P. has further not disputed that the
lands which are the subject matter in the present appeal,
fall at par with the lands which were involved in First
Appeal No.606/1994 with connected appeals.
5. The lands which are the subject matter in the
present appeal were acquired for Jamkhed Tank Medium
Project. Section 4 notification in that regard was issued
in the year 1985 whereas, the award under Section 11 was
passed on 19th December, 1988. Dissatisfied with the
compensation offered by the Special Land Acquisition
Officer, the Reference Application was preferred and the
Reference Court vide the impugned judgment and award
determined the amount of compensation for the lands
under the acquisition ranging from Rs.8,000/- per hectare
5 FA NO.604/2002
to Rs.11,000/- per hectare. The appellants had sought
enhancement in the amount of compensation so awarded
by the Reference Court by filing the present appeal.
While deciding the First Appeal No.606/1994, with
connected appeals, this Court has enhanced the
compensation to the tune of Rs.25,000/- per hectare. As
has been submitted by the learned Counsel for the
appellants, the lands which are the subject matter in the
present appeal, are in all respects similar to the lands
which were the subject matter of First Appeal No.606/1994
with connected appeals. As noted earlier, learned A.G.P.
has not disputed the aforesaid fact. As such, the same
criteria as was applied by this Court while deciding the
First Appeal No.606/1994 with connected appeals, can be
applied for determining the amount of compensation of the
lands involved in the present appeal.
6. In the aforesaid circumstances, for the reasons
assigned by this Court (Coram: M. T. Joshi, J.), while
deciding First Appeal No.606/1994 with connected appeals,
I hold the present appellants entitled to get the
compensation of their respective lands acquired by the
6 FA NO.604/2002
State at the rate of Rs.25,000/- per hectare. Hence, the
following order:
ORDER
1) The respondent State is directed to pay the
total compensation to the present appellants at the rate of
Rs.25,000/- per hectare with all statutory benefits as per
the provisions of the Land Acquisition Act. Needless to
state that while making the payment of he compensation
as aforesaid, the compensation, if already paid in terms of
the award passed in LAR No.71/1993, the same shall be
deducted and the balance amount be paid. The appeal is
partly allowed in aforesaid terms.
(P.R.BORA)
JUDGE
...
AGP/604-02fa
