Bombay High Court
State Of Maha vs Malhari Ramdas Bhingardive & Ors on 8 December, 2016
Bench: P.R. Bora
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 22 OF 2007
1. The State of Maharashtra ... Appellant
Vs.
1. Malhari Ramdas Bhingardive,
2. Umaji Gajaram Bhingardive,
Both R/o Bhingar,
Tq. & Dist. Ahmednagar.
3. Dharmaji Tulshiram Ubale (deceased)
through his legal heirs...
3A.
Yamunabai Dharmaji Ubale, 75 yrs.,
3B. Sundar Dharmaji Ubale, 50 yrs.,
3C. Tulshiram Dharmaji Ubale, 48 yrs.,
3D. Manohar Dharmaji Ubale, 46 yrs.,
3E. Arjun Dharmaji Ubale, 44 yrs.,
3F. Prabhakar Dharmaji Ubale, 42 yrs.,
3G. Pandit Dharmaji Ubale, 28 yrs.,
3H. Sidharth Dharmaji Ubale, 28 yrs.,
3I. Savita Ashok Kamble, 30 yrs.,
3J. Sumod Dharmaji Ubale, 50 yrs.,
3K. Ratnabai Waghmare, 32 yrs.,
Nos. 3A to 3K R/o. Darewadi,
Tq. & Dist. Ahmednagar.
4. Laxman Lunaji Bhingardive (deceased)
through his legal heirs...
4A. Sundarlal Lunaji Bhingardive, 57 yrs.,
4B. Rajendra Lunaji Bhingardive, 42 yrs.,
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4C. Kishor Lunaji Bhingardive, 40 yrs.,
4D. Tarabai Sakharam Pakhare, 60 yrs.,
4E. Ashabai Chaburao Dhiwar, 47 yrs.,
4F. Lankabai B. Dhiwar, 43 yrs.,
Nos. 4A to 4F, R/o Darewadi,
Tq. & Dist. Ahmednagar.
5. Bhika Fakira Bhingardive (deceased)
through his legal heirs.
5A. Bababai Bhika Bhingardive, 60 yrs.,
5B. Kishor Bhika Bhingardive, 30 yrs.,
5C.
Arun Bhika Bhingardive, 28 yrs.,
5D. Vimalbai Ram Gajbhiv, 32 yrs.,
5E. Shardabai Babasaheb Bagul, 31 yrs.,
Nos. 5A to 5E R/o. Bhingar,
Tq. & Dist. Ahmednagar.
6. Dhondiram R. Bhingardive (deceased)
through is legal heirs...
6A. Drupadabai D. Bhingardive, 60 yrs.,
6B. Ramesh D. Bhingardive, 38 yrs.,
6C. Suresh D. Bhingardive, 29 yrs.,
6D. Sunil D. Bhingardive, 24 yrs.,
6E. Alkabai Arun Shinde, 32 yrs.,
6F. Manjulabai D. Bhingardive, 35 yrs.,
6G. Latabai Baban Patole, 40 yrs.,
6H. Shakuntala Zumbar Gaikwad, 30 yrs.,
Nos. 6A to 6H, R/o. Bhingar,
Tq. & Dist. Ahmednagar.
7. Vithal Sakharam Bhingardive,
R/o as above
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8. Fulwati Bhaskar Ghatvisave (deceased)
through his legal heirs...
8A. Bhaskar Ghatvisave (deceased)
through his legal heirs
8B. Dinkar Bhaskar Ghatvisave, 38 yrs.,
8C. Prabhakar Bhaskar Ghatvisave, 32 yrs.,
8D. Sanjay Bhaskar Ghatvisave, 28 yrs.,
8E. Madhukar Bhaskar Ghatvisave, 22 yrs.,
8F. Divakar Bhaskar Ghatvisave, 20 yrs.,
8G.
8H.
Sau. Chayabai Suresh Kamble, 34 yrs.,
Sau. Mayabai Raju Shinde, 30 yrs.,
8I. Sau. Gayabai Raosaheb Salve, 26 yrs.,
9. Kamal Pandurang Bhingardive,
10. Natha Ahilaji Bhingardive,
11. Dadaba Vaman Bhingardive,
12. Murlidhar Dagadu Bhingardive (deceased)
through his legal heirs
12A. Ramesh Murlidhar Bhingardive, 39 yrs.,
12B. Devidas Murlidhar Bhingardive, 30 yrs.,
12C. Anil Murlidhar Bhingardive, 22 yrs.,
12D. Sunil Murlidhar Bhingardive, 20 yrs.,
12E. Latabai Hiraman Ingale, 32 yrs.,
Nos. 8B to 8I, 9, 10, 11 & 12A to 12E
are R/o. Vikhroli, Kannamwarnagar,
No2. Building No. 122, Room No. 3541,
Mumbai - 83. ... Respondents
...
Advocate for Appellant : G.O. Wattamwar
Advocate for Respondents :Amol Gandhi
...
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CORAM : P.R. BORA, J.
DATE : 08-12-2016.
ORAL JUDGMENT :
1. When the present appeal was taken up for hearing the
learned counsel appearing for the respondents tendered across the
bar the copy of the judgment delivered by this court (Coram: T.V.
Nalawade, J.) on 11.02.2016 in fist appeal no. 1015 of 2004 with
the connected appeals. The learned counsel submitted that, the
present appeal is arising out of the same acquisition proceedings
out of which the aforesaid appeals had arose and in the aforesaid
appeals this court has refused to interfere in the amount of
compensation as determined by the reference court. The learned
counsel submitted that in view of the aforesaid judgment the
present appeal can be disposed of.
2. Shri G.O. Wattamwar, the learned A.G.P. submitted that,
the present appeal can be disposed of in terms of the judgment
delivered by this court in the aforesaid appeal. The learned A.G.P.
brought to my notice that, in the aforesaid matter the reference
court had determined the market value of the acquired jirayat lands
@ Rs. 1,12,500/- per hectare. The learned A.G.P. submitted that, if
the compensation in the present appeal is determined at the said
rate the state may not have any objection. The learned counsel,
therefore, prayed for allowing the present appeal to the aforesaid
extent.
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3. In view of the fact that, the appeals arising out of the
same acquisition proceedings have been decided by this court by
the aforesaid judgment and the market value as determined by the
reference court in the said matters to the tune of Rs. 1,12,500 per
hectare for jirayat lands is confirmed by this court, there may not
be any difficulty in calculating the amount of compensation in the
present appeal also. In the present matter the land ad-measuring
13 H 23 R and 19 R pot kharab, was acquired. In view of the
judgment referred to above, the compensation payable to the
present respondents shall be determined at the aforesaid rate and
shall be made payable to the respondents along with the statutory
benefits as are available under the provisions of the act. So far as,
the pot kharab land is concerned, it need not be stated that
compensation shall be payable at half of the rate which has been
determined for the jirayat land. Accordingly, the calculations be
made and the amount of compensation be determined and paid to
the claimants along with the statutory benefit and the interest as
envisaged under the provisions of the act. The appellant has
deposited the amount under the impugned award with interest
thereon in this court. Out of the said amount the due amount as
per the revised calculation be paid to the respondents i.e. original
claimants and the remaining amount be refunded to the appellant.
The appeal stands allowed in the aforesaid terms.
(P.R. BORA)
mub JUDGE
