Bombay High Court
Namdeo C. Pandhare And Anot vs The Collector , Yeotmal on 29 July, 2016
Bench: B.R. Gavai
1 fa182.183.84.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO.182/1984
1. Namdeo s/o Champati Pandhare,
aged about 40 years.
2. Yesubai alias Sheshubai w/o Champati
Pandhare, aged about 60 years.
Originally resident of village Ansing,
Tq. Pusad, Dist. Yavatmal, presently
residing at village Gaul, at post Gaul,
Tq. Mahagaon, Dist. Yavatmal. .....APPELLANTS
...V E R S U S...
The Collector, Yavatmal,
Tq. Dist. Yavatmal. ...RESPONDENT
WITH
FIRST APPEAL NO.183/1984
Harsing s/o Pura Jadhao
1. Yashwant s/o Harising Jadhao,
aged about 42 years, Occ. Agriculturist,
2. Santosh s/o Harising Jadhao,
aged about 29 years, Occ. Agriculturist,
3. Vijay s/o Harising Jadhao,
aged 26 years, Occ. Agriculturist,
Nos. 1 to 3 all r/o Deothana,
Post Lohara, Tq. Pusad,
Dist. Yavatmal. ....APPELLANTS
...V E R S U S...
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1. The Collector, Yavatmal.
2. Jemala Pura Jadhao (Dead)
through his legal heirs
2a. Keshar wd/o Jamla Jadhao,
aged 70 years, Occ. Agriculturist,
Misar s/o Jamla Jadhao (Dead)
through his LRs.
2b. Arjun Misar Jadhao
aged 32 years, Occ. Agriculturist,
Both r/o Sawargaon, Bangla,
Tq. Pusad, Dist. Yavatmal.
3. Jairam Pura (Dead)
through Legal Heirs.
3. Dattarao s/o Jairam Jadhao
aged about 46 years, Occ. Agriculturist,
r/o Saptgiri Nagar, Pusad, dist.
Yavatmal.
Mohan s/o Jairam Jadhao (Dead)
through his LRs.
3a. Balu s/o Mohan Jadhao
aged 32 years, Occ. Agriculturist,
3b. Gajanan s/o Mohan Jadhao
aged 29 years, Occ. Agriculturist,
3c. Ashok s/o Mohan Jadhao,
aged 27 years, Occ. Agriculturist,
Respondent nos. 3a to 3c all
r/o Deothan, Post Lohara (Izara),
Tq. Pusad, Dist. Yavatmal. ...RESPONDENTS
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Mr. D. G. Patil, Advocate for appellants.
Mr. T. A. Mirza, A.P.P. for respondents-State.
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CORAM:- B. R. GAVAI & V. M. DESHPAND E, JJ.
DATED :- JULY 29, 2016
ORAL JUDGMENT (Per : B. R. GAVAI, J.)
1. The appeals are taken up for final hearing. The appeals
challenge the common judgment and order passed by the Civil Judge
Senior Division, Yavatmal in Land Acquisition Case Nos.203/1979
and 235/1979.
2. Undisputedly, the appellants' land is situated at village
Ansing, Taluka Pusad, Dist. Yavatmal. The land was acquired by the
Government for Upper Painganga Project along with the trees
standing therein. The award was passed by the Land Acquisition
Officer. The appellants, being aggrieved by the same, had made a
reference to the Civil Judge Senior Division, Yavatmal. However, the
learned trial Judge dismissed the reference. Hence, the present first
appeals.
3. Originally, the present first appeals were dismissed by this
Court vide judgment and order dated 04.07.1996. However, a
review application came to be filed on the ground that vide judgment
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and order in First Appeal No.167/1984 of the same date, this Court
had allowed the said appeal taking into consideration the similar
facts and at the same time the present two appeals were rejected.
Taking into consideration the fact that in the similar circumstances,
the appeal was allowed, we had allowed the review application and
restored the appeals.
4. We have heard the learned counsel for the appellants as
well as the learned A.G.P. for the respondent-State.
5. Perusal of the judgment in First Appeal No.167/1984
would reveal that the Division Bench has relied on the same sale
instances of May, 1984 in which the price was shown as Rs.5,000/-
per acre.
6. In the present case also it could be seen that the learned
trial Judge has not taken into consideration the said sale instance. It
is to be noted that the evidence in the First Appeal No.167/1984 so
also in the present appeals was the same. The said first appeal
pertained to the land situated at Jawda, which is adjacent to the
village Ansing. Not only that, the learned single Judge of this Court
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vide judgment and order dated 26.09.2001 in First Appeal
No.28/1985, after taking into consideration the comparable sale
deeds, has arrived at a conclusion that the compensation ought to
have been granted at the rate of Rs.5,000/- per acre.
7. In that view of the matter, we find that the reference
Court was unjustified in rejecting the claim of the present appellants.
Hence, the first appeals are allowed. The award is modified and it is
held that the appellants are entitled to compensation at the rate of
Rs.5,000/- per acre. Needless to state that the solatium and interest
admissible as per the provisions of the Land Acquisition Act as
amended in the year 1984 shall be paid to the appellants.
Taking into consideration the fact that the appeals are of
the year 1984, the respondents are directed to make payments to the
appellants within a period of six months from today.
(V. M. Deshpande) (B. R. Gavai)
kahale
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I certify that this Judgment/Order uploaded is a true and
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Uploaded by: Y. A. Kahale. Uploaded On:04.08.2016
