Bombay High Court
Waman Uttam Sapkal And Ors vs The State Of Mah And Ors on 26 February, 2016
Bench: T.V. Nalawade
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.1435/2011
1] Waman S/o Uttam Sapkal
Age 40 years, Occ-Agri
2] Shivaji Bajirao Sapkal
Age 51 years, Occ-Agri.,
3] Arun Bajirao Sapkal
Age 41 years, Occ-Agri
All R/o Khadgaon, Tq. Jamner
Dist.Jalgaon ..APPELLANTS
VERSUS
1] The State of Maharashtra
Through Colledtor,
Jalgaon, Tq. & Dist.Jalgaon
(Copy to be served on Govt.
Pleader, High Court of Judicature
of Bombay, Bench at
Auragnabad
2] The Executive Engineer
Waghur Project
Division, Jalgaon
Tq. & Dist.Jalgaon
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3] Gajmal Vana Sapkal
Age 77 years, Occ-Household
General power of Attorney
4] Mukunda Vana Sapkal
Age 72 years, Occ-Agri
Respondent no.3 and 4 are
R/o Dohari, Tq. Jamner
Dist.Jalgaon .. RESPONDENTS
[R.2 to 4 Dismissed
As per Registrar's order
dt. 11/10/11.]
...
Shri V.Y.Patil, Advocate for appellant
Shri S.R.Yadav,AGP for respondent State
Shri G.A.Nagori Advocate for respondents
...
CORAM : T.V.NALAWADE
DATED : 26TH FEBRUARY,2016
JUDGMENT :-
The appeal is filed to challenge judgment and award of
L.A.R.No.1093/2005 (old no.477/2001) which was pending before
reference Court, Jalgaon. Original claimant/owner of the land has
challenged the decision on the point of quantum of compensation,
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Both sides are heard.
2] The land of present appellants was acquired for Waghur
project and the land of the appellant was situated in village Dohari.
The Reference court has given rate of Rs.6210 per hectare by
holding that it is jirayat land. Evidence of two sale instances was
given by the appellant and the sale instances were dated 13/8/1997
and 16/1/1996. Notification under Section 4 of Land Acquisition Act
was published in official gazette on 21/9/1997. It appears that
reliance was placed on decision given in land Reference
No.1092/2005 also. The learned counsel for the appellant produced
copy of judgment delivered by this Court in First Appeal No.729/2003
with connected matters. Some matters arising out of the same
project were considered by this Court and those were the appeals
filed by State Government against judgment and awards delivered by
reference Court. Reference Court had given rate of Rs.4 lakh per
hectare for bagayat land and Rs.2 lakh per hectare for jirayat land
and Rs.1 lakh per hectare for pot kharab portion. In that matter also
the same two sale instances were considered by this Court and it
was held that the reference Court had not committed any error in
giving such rate. In present matter, land of the appellant was jirayat
land. In these circumstances, this Court holds that appeal needs to
be allowed.
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3] In the result, Appeal is allowed. Rate of Rs.2 lakh per hectare
is given in respect of acquired land of the appellant. All statutory
benefits and the interests to be given on this amount. Award is to be
prepared accordingly.
4] In view of disposal of appeal, Civil Application No.9478/2008 is
disposed of.
(T.V.NALAWADE,J.)
umg/
