Pandurang Hariba Jadhav & Anr vs The State Of Mah & Ors
2016 Latest Caselaw 76 Bom

                                                              FA No. 464/2006
                                         1




                                                                          
                      IN THE HIGH COURT AT BOMBAY
                  APPELLATE SIDE, BENCH AT AURANGABAD




                                                  
                            FIRST APPEAL NO. 464 OF 2006
                                         WITH
                         CIVIL APPLICATION NO. 7359 OF 2009
                                         WITH
                         CIVIL APPLICATION NO. 16342 OF 2015




                                                 
     1.       Pandurang s/o. Hariba Jadhav,
              Age 62 years, Occu. Agril.,
              R/o. Samudral, Tq. Omerga,




                                       
              Dist. Osmanabad.

     2.       Umesh s/o. Pandurang Jadhav,
                             
              Age 32 years, Occu. Agril.,
              R/o. Samudral, Tq. Omerga,
              Dist. Osmanabad.                             ....Appellant.
                            
                                                           (Ori. Claimants)
                      Versus

     1.       The State of Maharashtra
              Through the Collector, Osmanabad.
      


     2.       The Special Land Acquistion
   



              Officer, Manjra Project, Osmanabad.       ....Respondents.
                                                        (Ori. Respondents)





     Mr. P. K. Deshmukh Advocate for appellants.
     Mr. A.R. Borulkar, AGP for respondents.

                                       CORAM : T.V. NALAWADE, J.
                                       DATED : 25th February, 2016.





     JUDGMENT :

1) Appeal is filed against judgment and award of L.A.R.

No. 523/2004 (old No. 367/1996), which was pending in the

Court of Ad-hoc District Judge, Umerga, the Reference Court. The

Reference Court has dismissed the claim of the present

FA No. 464/2006

appellants, owners of the land filed for compensation amount

filed under section 18 of the Land Acquisition Act (hereinafter

referred to as 'the Act' for short). So, the decision is challenged.

Both the sides are heard.

2) The decision given by the Reference Court shows

that no evidence at all was given to show that the claimants are

entitled to higher rate, more amount of compensation. In the

present proceeding, in Civil Application No. 7359/2009, the

appellants have produced copies of some judgments delivered

by the Reference Court in similar matters. The lands of the

present applicants and other lands shown in the other references

were acquired for rehabilitation of earthquake hit persons from

Osmanabad and Latur District in the year 1993. The record is

produced to show that in some cases, the Reference Court has

granted Rs. 4/- per Sq. Ft., Rs. 13/- per Sq. Ft. and in one matter

decided by this Court the rate of Rs. 17/- per Sq. Ft. was given.

As against such rates, the Land Acquisition Officer gave total

amount of Rs. 15,400/- when area of 5 Acres 20 Gunta of present

appellants was acquired. The submission are made by the

learned counsel for appellants that on the basis of other

decisions which are produced on record of adjacent village, the

claimants are entitled to get higher rate. As the reference was

FA No. 464/2006

dismissed as no evidence was given and there are aforesaid

circumstances, this Court holds that opportunity needs to be

given to the appellants, claimants to lead evidence and to prove

that they are entitled to get more amount of compensation. In

the result, following order is made.

ORDER

(i) Civil Application filed for leading additional evidence

is allowed.

(ii) First Appeal is allowed. The judgment and award of

the Reference Court is hereby set aside. The matter is remanded

back to the Reference Court for fresh trial. During fresh trial, the

Reference Court is to give opportunity to both the sides to lead

the evidence. The Reference Court is expected to expedite the

matter and in any case, within six months from the date of

receipt of the order made by this Court. All civil applications

disposed of.

[ T.V. NALAWADE, J. ]

ssc/