Bombay High Court
Narayan Kishan Hambarde & Others vs The State Of Maharashtra & Others on 3 March, 2016
Bench: T.V. Nalawade
FA No. 91/1995 & Anr.
1
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
FIRST APPEAL NO. 91 OF 1995
WITH
CIVIL APPLICATION NO. 2570 OF 2016
WITH
CIVIL APPLICATION NO. 2224 OF 2016
Baliram s/o. Bapuji Hambarde,
Since died through his L.Rs.
1A. Anand s/o. Baliram Hambarde,
Age 56 years, Occu. Agril.,
R/o. Vishnupuri, Dist. Nanded.
1B.
Shankar s/o. Baliram Hambarde,
Age 51 years, Occu. Agril.,
R/o. Vishnupuri, Tq. & Dist. Nanded.
1C. Govind s/o. Baliram Hambarde,
Age 45 years, Occu. Agril.,
R/o. Vishnupuri, Tq. & Dist. Nanded.
1D. Sau. Lata w/o. Hariharrao Shinde,
Age 40 years, Occu. Household,
R/o. Wapti, Tq. Vasmat,
Dist. Hingoli. ....Appellants.
Versus
1. The State of Maharashtra,
Through the Dist. Collector,
Collector's Office, Station Rd.,
Nanded.
2. The Special Land Acquisition
Officer, Upper Penganga Project
No. 1, Nanded. ....Respondents.
Mr. M.M. Patil-Beedkar, Advocate for appellants.
Mr. A.R. Borulkar, AGP for respondent Nos. 1 and 2.
WITH
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FA No. 91/1995 & Anr.
2
FIRST APPEAL NO. 154 OF 2006
WITH
CIVIL APPLICATION NO. 2571 OF 2016
WITH
CIVIL APPLICATION NO. 2225 OF 2016
1. Narayan s/o. Kishan Hambarde,
Age 38 years, Occu. Agriculture,
R/o. Vishnupuri, Tq : Nanded.
2. Waman s/o. Kishanrao Hambarde,
Age 32 years, Occu. Agriculture,
R/o. Vishnupuri, Tq. & Dist. Nanded.
3. Shivaji s/o. Kishanrao Hambarde,
Age 27 years, Occu. Agriculture,
R/o. Vishnupuri, Tq. & Dist. Nanded. ....Appellants.
Versus
1. The State of Maharashtra,
Through the Distt. Collector,
Collector's Office, Station Rd.,
Nanded.
2. The Special Land Acquisition
Officer, Upper Penganga Project
No. 1, Nanded, Collector Office,
Station Road, Nanded. ....Respondents.
Mr. M.M. Patil-Beedkar, Advocate for appellants.
Mr. A.R. Borulkar, AGP for respondent Nos. 1 and 2.
CORAM : T.V. NALAWADE, J.
DATED : 3rd March, 2016.
JUDGMENT :
1) Both the appeals are filed by original claimants of
Land References filed u/s. 18 of the Land Acquisition Act. The
decision given by Reference Court, Civil Judge, Senior Division,
Nanded is challenged on the point of quantum of compensation.
FA No. 91/1995 & Anr.
Both the sides are heard.
2) The lands of two claimants were acquired from
village Pangara, Tahsil and District Nanded for the establishment
of Marathwada University, Sub Center. Notification u/s. 4 of the
Land Acquisition Act was published in official gazette on
28.7.1989 and the award was prepared by the Special Land
Acquisition Officer on 16.2.1992. The Special Land Acquisition
Officer has held that the lands were dry land and for dry land,
per Hector, he gave rate which was between 31,000/- and
36,000/-. Before the Reference Court, some sale instances like
Exhs. 42 to 47 are proved. The Reference Court gave rate of Rs.
85,000/- per Hector.
3) The sale instances are in respect of land from
Vishnupuri and map is produced to show that village Pangra and
Vishnupuri are adjacent to each other. It appears that there is
State High Way between Pangra and Vishnupuri and on the side
of Vishnupuri, the development of even commercial activity has
taken place. Some land of Vishnupuri was sold on 16.4.1985 for
consideration of Rs. 1,32,500/-. Other portion was sold on
23.12.1985. The sale instance dated 23.12.1985 can be held as
comparable sale instance and the rate was given as Rs. 1.66
lakh per hector. Copy of decision given by this Court in First
FA No. 91/1995 & Anr.
Appeal No. 67/1997 with connected matters dated
20.11.2013 [Baburao s/o. Nagorao Hambarde Vs. The
Collector, Nanded and Anr.] is produced on the record. In that
case, notification u/s. 4 was published on 3.2.1987 and aforesaid
sale instance dated 23.12.1985 of village Vishnupuri was
considered by this Court and on that basis, this Court came to
the conclusion that the rate which can be given to the lands
acquired for the present purpose can be Rs. 1.75 lakh per
Hector. The present notification is subsequent to the aforesaid
notification published u/s. 4 of the Land Acquisition Act. As the
lands were acquired for same purpose and the land from both
Pangra and Vishnupuri were acquired as per the order made by
this Court, the same rate of Rs. 1.75 lakh needs to be given. In
the result, following order is made.
ORDER
Both the appeals are allowed. The judgments and
awards of the Reference Court are modified to give the rate of
Rs. 1.75 lakh per Hector in both cases. Statutory benefits and
interest as awarded by the Reference Court are to be given on
this amount. Award is to be modified accordingly. Civil
Applications are disposed of.
[ T.V. NALAWADE, J. ]
ssc/
