Bombay High Court
The Executive Engineer, Latur ... vs The State Of Maharashtra And Anr on 2 May, 2016
Bench: P.R. Bora
1 FA NO.922 OF 2009gr
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 922 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri. Kishan Shajirao Patil,
Age : 54 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 923 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:50 :::
2 FA NO.922 OF 2009gr
2. Shri Dattu Govind Gore,
Age : 54 years, Occu. : Agri.,
3. Shri Swarop Govind Gore
Age : 32 years, Occ.: Agri.,
All R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 924 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Pandurang Shamrao Bhure
Age : 64 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 925 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:50 :::
3 FA NO.922 OF 2009gr
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Keshav Vithoba Gore,
Age : 59 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
ig ...
WITH
FIRST APPEAL NO. 927 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Maruti Tukaram Bhure,
Age : 49 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:50 :::
4 FA NO.922 OF 2009gr
FIRST APPEAL NO. 928 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Pachu Husainsaheb Shaikh
Age : 41 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 929 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri. Shivaji Eknath Bhure,
Age : 45 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:50 :::
5 FA NO.922 OF 2009gr
...
WITH
FIRST APPEAL NO. 931 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Deelip Vithal Abhange,
Age : 44 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 932 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:50 :::
6 FA NO.922 OF 2009gr
2. Shri Pandu Tukaram Abhange,
Age : 59 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 934 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur.
ig ...Appellant
(Ori. Respondent No.2)
VERSUS
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Dagadu Husainsaheb Shaikh
Age : 54 years, Occu. : Agri.,
R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
WITH
FIRST APPEAL NO. 936 OF 2009
The Executive Engineer,
Latur Medium Project Division,
Latur. ...Appellant
(Ori. Respondent No.2)
VERSUS
::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:50 :::
7 FA NO.922 OF 2009gr
1. The State of Maharashtra
Through the Collector,
Dist. Latur.
2. Shri Gunda Subhan Londhe,
Died through his L.R.
2/1 Shri Bhagwat Gundaji Londhe,
Age : 65 years, Occu: Labour,
2/2 Shri Nagnath Gundaji Londhe,
Age : 62 years, Occu: Labour,
2/3 Sow. Anusaya Shesharao Bajulge,
Age : 59 years, Occu: Labour,
R/o.: Holi, Tq. Ausa, Dist. Latur,
2/4 Shri Arun Gundaji Londhe,
Age : 57 years, Occu: Labour,
2/5 Shri Dajiba Gundaji Londhe,
Age : 55 years, Occu: Labour,
2/6 Smt. Geetabai Gundaji Londhe,
Age : 89 years, Occu: Labour,
Except Resp. No.2/3,
All R/o.: Tupadi, Tq. Nilanga,
Dist. Latur. ...Respondents.
...
Mr. Ruturaj Patil, Advocate for Appellants;
Mr. R.B. Bagul, AGP for Respondent / State;
Mr. Abhijeet Choudhary, Advocate h/f Mr. D.J. Choudhary,
::: Uploaded on - 02/05/2016 ::: Downloaded on - 30/07/2016 00:40:50 :::
8 FA NO.922 OF 2009gr
Advocate for Respondent No.2
...
CORAM: P.R.BORA, J.
***
Date of reserving the judgment: 12/4/2016
Date of pronouncing judgment: 2/5/2016
***
JUDGMENT:
1. Since all these appeals are filed against the
common judgment and award dated 17th February, 2007,
passed by the District Judge-I, Nilanga, in LAR Nos.384/1998 to
401/1998, I deem it appropriate to decide all these appeals by
common judgment.
2. The lands belonging to respective respondents in
the present appeals were acquired for submergence of Masalga
Medium Project. (The land holder respondents in all these
appeals are hereinafter referred to as the claimants.) All the
claimants are residents of village Tupadi, taluka Nilanga, district
Latur. After it was decided to acquire the lands of the
claimants for submergence of Masalga Medium Project, a
notification under Section 4 of the Land Acquisition Act, 1894
(hereinafter referred to as "the Act"), was published in the
newspapers on 21st August, 1984. After receiving the notices
under Section 9 of the Act, some of the claimants had
submitted their claims before the Land Acquisition Officer (for
9 FA NO.922 OF 2009gr
short "LAO"), claiming compensation at the rate of Rs.30,000/-
per acre for dry land; Rs.40,000/- per acre for seasonally
irrigated land, and Rs.60,000/- per acre for permanently
irrigated land. The LAO declared award under Section 11 of
the Act on 22nd of April, 1991. The LAO determined the
market value of the acquired lands at the rate of Rs.160/- per R
and accordingly awarded the compensation. Dissatisfied with
the award passed by the LAO, the claimants submitted Land
Acquisition References ( for short, "LARs" ) under Section 18 of
the Act seeking enhancement in the amount of compensation.
The LARs were adjudicated by the District Judge-I, Nilanga.
The LARs were contested by the acquiring body. According to
the acquiring body, the compensation awarded by the LAO was
just and reasonable. In order to substantiate the contentions
raised in the LARs, the claimants placed on record certain sale
instances and had claimed the compensation at the rate of
Rs.50,000/- per acre. The acquiring body has also placed on
record some sale instances in order to justify the compensation
awarded by the LAO. The learned reference Court, after
having considered the oral and documentary evidence adduced
before it, determined the market value of the acquired land at
the rate of Rs.375/- per R. and accordingly awarded the
compensation along with the amount of solatium and the
10 FA NO.922 OF 2009gr
interest.
3. Shri Ruturaj Patil, learned Counsel appearing for th
appellant acquiring body, assailed the impugned judgment and
award on several grounds. Learned Counsel submitted that
the Reference Court has not properly appreciated the evidence
on record. Learned Counsel further submitted that the sale
instances which are considered by the Reference Court in
determining the market value of the acquired lands cannot be
said to be comparable for determining the market value of the
said lands. Learned Counsel further submitted that there is no
proper discussion in the impugned judgment and award as to
on what basis the Reference Court has determined the market
value of the acquired lands at the rate of Rs.375/- per R.
Learned Counsel further submitted that the Reference Court has
considered the sale instances which were relied upon in some
other Land Acquisition References. Learned Counsel further
submitted that the said instances were pertaining to the lands
situated at different villages and at a distance of more than
10 kms. from the lands under acquisition. Learned Counsel
further submitted that the Reference Court has grossly erred in
awarding the compensation for each of the land under
acquisition at the rate of Rs.375/- per R., without taking into
account the fact that in majority of the lands, there are no wells
11 FA NO.922 OF 2009gr
and trees. Learned Counsel, therefore, prayed for setting aside
the impugned award.
Shri Abhijit Choudhari, learned Counsel appearing for the
claimants in all these appeals, supported the impugned
judgment and award. Learned Counsel submitted that the
Reference court has taken all the pains while determining the
market value and as such no interference is required in the
impugned judgment and award.
4. I
have carefully considered the submissions
advanced by the learned Counsel appearing for the appellant
acquiring body and the learned Counsel appearing for the
claimants. I have perused the impugned judgment and award
as well as the evidence on record. The averments in the
award passed under Section 11 of the Act, in respect of the
lands which are subject matter of the present appeals,
demonstrates that the lands under acquisition were fertile and
of rich quality. The award further reveals that in some of the
lands, there were wells and were irrigated lands and in some of
such lands, sugarcane crop was being taken.
5. The evidence on record shows that the claimants
had heavily relied upon the sale deed at Exh.50. The
claimants had also examined the purchaser of the said land,
12 FA NO.922 OF 2009gr
namely, Devidas Bajulge. According to the claimants, it was
the comparable sale instance so as to fix the market value of
the lands under acquisition. The claimants had relied upon the
sale deed dated 5.4.1978 of land survey No.53-D of village Holi,
taluka Ausa. In the said transaction, the land admeasuring 1
acre 8 gunthas was sold by one Maruti Bajulge to Devidas
Bajulge for consideration of Rs.50,000/-. It was the contention
of the claimants that the said land was at the distance of only
1 km from the acquired lands. It was their further contention
that the acquired lands were more fertile than the lands which
was the subject matter of the sale deed at Exh.50. However,
from the discussion made by the Reference Court in the
impugned judgment, it is transpired that the Reference Court
has not relied upon the said sale instance.
6. In paragraph no.12 of the impugned judgment, the
Reference Court has discussed the sale instances relied upon by
the acquiring body. The Tribunal has observed that the sale
deed on which reliance was placed by the acquiring body was
executed in the year 1984. In the said transaction, for
purchase of 3 acres of land, the purchaser had paid price of
Rs.25,000/-. The Reference Court has further observed that
the lands under acquisition were of better quality than the lands
which were the subject matter of the sale deed ( Exh.108)
13 FA NO.922 OF 2009gr
dated 30th August, 1984. The Reference Court has further
observed that there was no well in the land which was the
subject matter of the sale deed at Exh.108. The Reference
Court has considered the said sale deed at Exh.108 while
determining the market value of the lands under acquisition.
7. Thereafter, in paragraph no.18 of the judgment, the
Reference Court has elaborately discussed the sale instances
relied upon by the concerned Reference Court while deciding
the LAR (Group) No.805/1992 and LAR (Group) 342/1998. The
claimants had produced on record the certified copies of the
judgment and award passed in the aforesaid LARs. The lands
which were the subject matters in the said References were
also from village Tupadi. The said lands were acquired under
the notification dated 4.8.1984 issued under Section 4 of the
Act. In the said matter, the compensation was granted to the
claimants at the said rate of Rs.30,000/- per acre. The
claimants had, therefore, prayed for granting the compensation
at the rate of Rs.30,000/- per acre for their lands under
acquisition.
8. The learned Reference Court has also, referred to
the judgment delivered in LAR No.363/1998. The said matter
was in respect of survey No.12/1 of village Shivani Kota and the
14 FA NO.922 OF 2009gr
lands which were the subject matter in the said reference were
also acquired for the Masalga Medium Project. The concerned
reference Court in the said LAR awarded the compensation at
the rate of Rs.30,000/- per hectare i.e. Rs.12,000/- per acre.
9. Thus, there were four sale instances before the
Reference Court; one was of village Holi dated 5.4.1978
( Exh.50) wherein 1 acre 8 gunthas of land was sold for
Rs.30,000/-; second was from village Tupadi executed on 30th
August, 1984 wherein 3 acres of land was sold for Rs.25,000/-;
third was from the judgments in LAR (Group) Nos.348/1998
and 805/1992 wherein the compensation was granted at the
rate of Rs.30,000/- per acre for the lands acquired for the
Masalga Medium Project; and fourth was from the judgment in
LAR No.363/1998, wherein compensation was granted at the
rate of Rs.12,000/- per acre. After having considered all the
aforesaid sale instances, the learned Reference Court
determined the market price of the lands under acquisition at
the rate of Rs.15,000/- per acre having regard to the quality
and fertility of the lands under acquisition and taking into
account the crops being taken in the said lands.
10. After having carefully considered the discussion
made by the learned Reference Court in the impugned
15 FA NO.922 OF 2009gr
judgment, it appears to me that the learned Reference Court
has rightly struck the balance while determining the market
price of the lands under acquisition. The learned Reference
Court has rightly refused to rely upon the judgment in LAR
(Group) No.805/1992 wherein for the acquired lands from
village Tupadi, the compensation was granted at the rate of
Rs.30,000/- per acre. Similarly, the Reference Court has also
not accepted the contention raised on behalf of the acquiring
body to determine the market price of the lands under
acquisition at the rate of Rs.12,000/- per acre as was given in
LAR No.363/1998. Considering the quality, fertility of the lands
under acquisition, their location and the crops being taken
therein, the Reference Court determined the market price of the
said lands at the rate of Rs.15,000/- per acre.
11. In view of the evidence on record and considering
the sound reasons provided by the reference Court while
determining the market value of the lands under acquisition, it
is difficult to accept the contentions raised on behalf of the
acquiring body that the compensation as fixed by the Reference
Court is unreasonable, or on higher side. On the contrary, as
I have noted earlier, the Reference Court has rightly struck the
balance in determining the market price of the lands under
acquisition. According to me, the Reference Court has
16 FA NO.922 OF 2009gr
awarded just and fair enhancement in the amount of
compensation to the respective claimants. I, therefore, do not
see any reason to cause interference in the impugned common
judgment and award. The appeals are devoid of any
substance and hence, the following order:
ORDER
1)
All the aforesaid First appeals are dismissed without
any order as to costs.
2) Pending Civil Applications, if any, stand disposed of.
(P.R.BORA)
JUDGE
...
AGP/922-09fagr
