Bombay High Court
State Of Maha vs Ambadas Sahadu Berad & Ors on 2 March, 2016
Bench: T.V. Nalawade
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 1119 OF 2006
1] The State of Maharashtra
2] Union of India
Through Ministry of Defence
New Delhi.
3]
The Director General,
Defence Estates Ministry of Defence
Raksha Sampada Bhavan
Ulan Batar Marg
Delhi.
4] The Principal Director
Defence Estates
Ministry of Defence
Southern Command
Pune.
5] The Defence Estate Officer
Office of Defence Estate
Pune Circle Pune
District Pune. .. APPELLANTS
VERSUS
1] Ambadas Sahadu Berad
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2] Baban Sahadu Berad
3] Sahadu Salu Berad (deceased)
through his legal heirs....
3A] Smt.Shewantabai Sahadu Beard, 70 yrs
3B] Ambadas Sahadu Berad, 60 yrs
3C]
Baburao Sahadu Berad, 52 yrs
3D] Annasaheb Sahadu Berad, 45 yrs
3E] Baban Sahadu Berad, 48 yrs
3F] Hirabai Sahadu Berad, 42 yrs
3G] Sau.Yamunabai Kisan Gawade, 54 yrs
3H] Sau.Tarabai Raosaheb Zaware, Major
4] Baban Sahadu Berad, 48 yrs
Nos.1,2,3A to 3F & 4 are
Agriculturists and R/o Nimbodi
Tal. & Dist.Ahmednagar
Nos.3F & 3H are Agricultursits
And R/o Hingangaon
Tal. & Dist.Ahmednagar .. RESPONDENTS
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[ORIG.CLAIMANTS]
...
Mr.K.N.Lokhande, AGP for appellants State
Mr.Sanjiv Deshpande, A.S.G. for appellants 2 to 5
Mr.D.R.Jaybhar, Adv. For respondents 3A to 3H & 4.
...
FIRST APPEAL NO. 577 OF 2007
The State of Maharashtra .. APPELLANT
[Orig.Respondent]
VERSUS
Uttam Gopala Gund
Age : 55 yrs, Occ-Agriculturist
R/o Narayandoha, Tal.Nagar
Dist.Ahmednagar. ..RESPONDENT
[Orig.Claimant]
...
Mr.A.R.Borulkar, AGP for appellant State
Mr.D.R.Jaybhar,Adv. For respondent
...
FIRST APPEAL NO. 779 OF 2007
The State of Maharashtra .. APPELLANT
[Orig.Respondent]
VERSUS
1] Samarbahadursing Tahasildarsing(Dead)
Through his legal heirs
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A] Smt.Narangidevi Samarbahadursing
Age 67 years, Occu-Agril.
B] Pramod s/o Samarbahadursing
Age 52 years, Occu-Agril.
C] Ashok Samarbahadursing
Age 47 years, Occu-Agril.
D] Sunanda Samarbahadursing
Age 42 years, Occu-Agril
All R/o Station Road, Ahmednagar
Tq. & Dist.Ahmednagar .. RESPONDENTS
[Orig.Claimants]
...
Mr.S.R.Yadav, AGP for appellants State
Mr.D.R.Jaybhar, Adv. For respondents 1A to 1D.
...
CORAM : T.V.NALAWADE
DATED : 2ND MARCH,2016
ORAL JUDGMENT :-
All the appeals are filed against the judgments and awards of
land references which were pending before Civil Judge, Senior
Division, Ahmednagar. The State has challenged the decision as the
claims of the owners are allowed and the compensation awarded by
S.L.A.O. is enhanced by the reference Court.
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2] Today, learned counsel for original claimants produced copy
of decision given by this Court in First Appeal No.1015/2004 decided
with connected matters on 11/2/2016. He submitted that the present
matters have arisen out of same group. The lands involved in the
present matters are jirayat lands. This Court has made following
observations in those matters :
"The claimants gave evidence to show that they
are entiteld to higher rate. They placed reliance on
sale instance like Exh.30 showing that on 10/3/1983,
land admeasuring arouns one Acre was sold for the
consideration of Rs.45,000/- and that land was from
village Darewadi. The Reference Court considered
the sale instance and considered the decision given
in LAR No.67/1990 and fixed the market price for
jirayat lands and Bagayat lands and also for lands
converted to N.A. Purpose. In some cases,
enhancement of compensation was claimed in
respect of trees. The Reference Court considered
one Government Circular dated 27/12/1990. Other
date used by the Special Land Acquisition Officer was
used and in place of using 10 years purchase
method, method of 20 years purchase was used and
compensation with regard to the trees was increased.
This Court has carefully gone through the
aforesaid sale instances and the evidence given by
the witnesses in respect of the sale instances. On the
basis of sale instance which was of Rs.45,000/- for
one Acre, market price of Rs.1,12,500/- can be given
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as it is a comparable sale instance. Further in other
matters, same rate was given by the Reference Court
in the past and there was nothing in rebuttal.
The learned AGP submitted that the circular
with regard to valuation of the trees was issued by the
Government subsequently i.e. on 27/12/1990 when
the notification u/s. 40 of the Act was published on
12/9/1985 and so, this circular could not have been
used. This submission is not at all acceptable. The
same method was used by the Land Acquisition
Officer and only the factor, the multiplier which is
changed is used by the Reference Court. It appears
that the valuation was not got done by the owners of
the trees and due to this circumstances, the circular
has been used. This Court holds that it is not
possible to interfere in the decisions given by the
Reference Court. For jirayat lands rate of
Rs.1,12,500/- per Hectare is given and for Bagayat
lands rate of Rs.1,68,500/- is given when higher rate
could have been given."
3] In view of the aforesaid observations made by this Court in the
matters arising out of same group and as the same rate is given by
the reference Court in the present matters also, this Court holds that
no interference is possible. All the appeals stand dismissed. In view
of disposal of Appeals, Civil Applications stand disposed of.
(T.V.NALAWADE,J.)
umg/
