Bombay High Court
Uttam Ramchandra Dabhade And ... vs The State Of Mah.Thr.S.D.O.& ... on 31 March, 2016
Bench: Ravi K. Deshpande
1 jud. fa 51.02.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
First Appeal No.51 of 2002
1] Uttam Ramchandra Dabhade,
Aged about 55 years, Occ.-Agriculturist,
(through legal representatives)
1-a] Smt. Shashikala Uttamrao Dabhade,
Aged about 50 years, Occ.- Household.
1-b] Sau. Pratibha Hemantrao Vanjari,
Aged about 30 years, Occ.-Household,
1-c] Mahendra Uttamrao Dabhade,
Aged about 28 years, Occ.-Education.
1-d] Sau. Jyoti Rajkumar Gharde,
Aged about 28 years, Occ.-Household,
1-e] Surendra Uttamrao Dabhade, (Amended as per Court's
Aged about 25 years, Occ.-Education. order dated 22-06-2009)
All 1 to 5 are residents of Wadali, Amravati,
Tah. and Distt. Amravati, all are legal heirs of
deceased Uttamrao Ramchandra Dabhade.
2] Harishchandra Nidhanji Dabhade,
Aged about 62 years, Occ.-Retd. serviceman
and agriculturist.
(through legal representatives)
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2 jud. fa 51.02.odt
2(i) Smt. Kamlatai Harishchandra Dabhade,
Aged about 70 years, Occ.-Household,
2(ii) Vijay Harishchandra Dabhade,
Aged about 55 years, Occ.-Service.
2(iii) Vinod Harishchandra Dabhade,
Aged about 52 years, Occ.-Service,
2(iv) Smt. Chhaya w/o Ashish Ghade, .... ( Amended as per
Aged about 48 years, Occ.-Household, Court's order dated
All residing at Wadali, Tq. and Dist. Amravati. 05-01-2015)
..... Appellants.
As per R.A.
Versus
1] The State of Maharashtra,
through S.D.O. and L.A.O. Amravati.
2] The Amravati University, Amravati,
through it's Registrar,
University Campus, Tapovan Road,
Amravati. .... Respondents.
As per R.A.
Shri S.D. Dharaskar, Advocate for appellants.
Shri M.A. Kadu, AGP for respondents.
Coram : R. K. Deshpande, J.
st
Dated : 31
March, 2016.
ORAL JUDGMENT
3 jud. fa 51.02.odt
1] In Land Acquisition Case No.51 of 1988, the Reference
Court acting under Section 18 of the Land Acquisition Act, 1894
[for short, 'the said Act'], has rejected the claim of the appellants
for enhancement of compensation by dismissing the Reference on
03-09-2001. Hence, the claimants are before this Court in this
Appeal.
2]
The undisputed factual position is that the several lands
located at village Mhasla and at village Wadali were acquired for
establishing the Amravati University Campus by issuing
notification under Section 4(1) of the Land Acquisition Act on
07-12-1983. The land in question which is survey no.16/1
admeasuring 2 hectares and 81 ares (6 acres and 38 gunthas),
which is the subject matter of this Appeal, was also included in the
said notification. The Land Acquisition Officer awarded the
compensation at the rate of Rs. 35,000/- per hectare in all the
matters arising out of the common notification dated 07-12-1983.
The several other References were filed under Section 18 of the
said Act including the Reference filed by the appellant/claimants.
The different rates of enhancement were granted by the Reference
Court. The matter, thereafter, came up before this Court in
respect of field survey no.9 admeasuring 4 hectares and 20 ares of
land located at village Mhasla. This Court in the decision
4 jud. fa 51.02.odt
delivered in case of State of Maharashtra and another v.
Aniruddha Shriram Ganorkar and others, reported in 1993(2)
Mh.L.J. 1575, has determined the market value of the said land at
the rate of Rs. 1,50,000/- per hectare. This decision was
subsequently followed by this Court in First Appeal No.130 of
1996 along with other connected matters delivered on 04-10-2010
and First Appeal No.526 of 1996 decided on 04-09-2014. All the
claimants are held entitled to the rate of Rs. 1,50,000/- per hectare.
3] The appellants in the present case being similarly situated
and the land in question being covered in the same notification
and the same award and for the same purpose, no different view
can be taken in the matter and for the reasons stated in all the
aforesaid decisions the appellant/claimants here could be entitled
to enhancement of compensation at the rate of Rs. 1,50,000/- per
hectare and the Appeal, therefore, needs to be partly allowed to
that extent.
4] In the result, the First Appeal is allowed. The judgment and
order dated 03-09-2001 passed by the Reference Court is hereby
quashed and set aside. The Land Acquisition Case No.51 of 1988
is partly allowed and the following order is passed :-
5 jud. fa 51.02.odt
O r d e r
a] The appellant/claimants shall be entitled to
compensation at the rate of Rs.1,50,000/- per hectare
for 2 hectares and 81 ares (6 acres and 38 gunthas)
acquired out of field survey no.16/1 situated at village
Wadali.
b] The appellants shall be entitled all the statutory
benefits as are available under Sections 23, 28 and 34 of
the said Act whichever are applicable in the facts and
circumstances of the case.
No costs.
JUDGE
Deshmukh
