Bombay High Court
The State Of Mah vs Vilas Devidas Kale on 23 May, 2016
Bench: P.R. Bora
1 FA NO. 1402/2005
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.1402 OF 2005
1. The Special Land Acquisition Officer,
Jalgaon U.T.P.H. 1.
2. The Executive Engineer,
Waghur Project, Jalgaon. ..APPELLANTS
(Ori. Respondents)
VERSUS
* Ananda Kadu Gawali,
Age - Major, Occu. Agriculture,
R/o Khadgaon, Tq. Jamner,
Dist. Jalgaon. ..RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.1403 OF 2005
1. The Special Land Acquisition Officer,
Jalgaon U.T.P.H.- 1.
2. The Executive Engineer,
Waghur Project, Jalgaon. ..APPELLANTS
(Ori. Respondents)
VERSUS
* Shri Jyotmal Totaram Tawar,
Age - Major, Occu. Agriculturist,
R/o Khadgaon, Tq. Jamner,
Dist. Jalgaon. ..RESPONDENT
(Ori. Claimant)
WITH
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2 FA NO. 1402/2005
FIRST APPEAL NO.1404 OF 2005
1. The Special Land Acquisition Officer,
Jalgaon U.T.P.H.- 1.
2. The Executive Engineer,
Waghur Project, Jalgaon. ..APPELLANTS
(Ori. Respondents)
VERSUS
* Vasant Eknath Sonar,
Age - Major, Occu. Agriculturist,
R/o Khadgaon, Tq. Jamner,
Dist. Jalgaon. ..RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.1405 OF 2005
1. The Special Land Acquisition Officer,
Jalgaon U.T.P.H.- 1.
2. The Executive Engineer,
Waghur Project, Jalgaon. ..APPELLANTS
(Ori. Respondents)
VERSUS
* Shri Pralhad Parshuram Wanjari,
Age - Major, Occu. Agriculture,
R/o Khadgaon, Tq. Jamner,
Dist. Jalgaon. ..RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.1406 OF 2005
1. The Special Land Acquisition Officer,
Jalgaon U.T.P.H, 1.
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3 FA NO. 1402/2005
2. The Executive Engineer,
Waghur Project, Jalgaon. ..APPELLANTS
(Ori. Respondents)
VERSUS
* Harchand Parshuram Wanjari
Age - Major, Occu. Agriculturist,
R/o Khadgaon, Tq. Jamner,
Dist. Jalgaon. ..RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.1408 OF 2005
1. The Special Land Acquisition Officer,
Jalgaon U.T.P.H. 1.
2. The Executive Engineer,
Waghur Project, Jalgaon. ..APPELLANTS
(Ori. Respondents)
VERSUS
* Shri Kailas Thawarsing Tawar
Age - Major, Occu. Agriculture,
R/o Khadgaon, Tq. Jamner,
Dist. Jalgaon. ..RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.1410 OF 2005
1. The Special Land Acquisition Officer,
Jalgaon U.T.P.H.- 1.
2. The Executive Engineer,
Waghur Project, Jalgaon. ..APPELLANTS
(Ori. Respondents)
VERSUS
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4 FA NO. 1402/2005
* Shri Vilas Devidas Kale,
Age - Major, Occu. Agriculturist,
R/o Khadgaon, Tq. Jamner,
Dist. Jalgaon. ..RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.1411 OF 2005
1. The Special Land Acquisition Officer,
Jalgaon U.T.P.H.- 1.
2. The Executive Engineer,
Waghur Project, Jalgaon.
ig ..APPELLANTS
(Ori. Respondents)
VERSUS
* Smt. Kokilabai Trimbak Wagh,
Age - Major, Occu. Agriculturist,
R/o Khadgaon, Tq. Jamner,
Dist. Jalgaon. ..RESPONDENT
(Ori. Claimant)
WITH
FIRST APPEAL NO.1412 OF 2005
1. The Special Land Acquisition Officer,
Jalgaon U.T.P.H.- 1.
2. The Executive Engineer,
Waghur Project, Jalgaon. ..APPELLANTS
(Ori. Respondents)
VERSUS
* Shri Bhangi Mango Pawar
Age - Major, Occu. Agriculture,
R/o Khadgaon, Tq. Jamner,
Dist. Jalgaon. ..RESPONDENT
(Ori. Claimant)
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5 FA NO. 1402/2005
WITH
FIRST APPEAL NO.1413 OF 2005
1. The Special Land Acquisition Officer,
Jalgaon U.T.P.H.- 1.
2. The Executive Engineer,
Waghur Project, Jalgaon. ..APPELLANTS
(Ori. Respondents)
VERSUS
1 Bebibai Mango Koli
Age - 62 years, Occu. Agriculturist,
2.
Sitaram Mango Koli
Age -40 years, Occu. Agriculturist,
3. Atmaram Mango Koli,
Age - 29 years, Occu. Agriculturist,
4. Shantaram Mango Koli,
Age - 25 years, Occu. Agriculturist,
5. Tulshiram Mango Koli,
Age - 21 years, Occu. Agriculturist,
6. Lilabai w/o. Mango Koli,
Age - 42 years, Occu. Agricuturist,
7. Alkabai w/o Atmaram Sapkale,
Age - 37 years, Occu. Agriculturist,
8. Chandrakalabai w/o Pramod Tayde,
Age - 23 years, Occu. Agriculturist,
(Appeal is dismissed as against
Respondent Nos. 3 and 7 as per
Registrar's Court Order dated
09.06.2009)
All R/o Khadgaon, Tq. Jamner,
Dist. Jalgaon. ..RESPONDENTS
(Ori. Claimants)
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6 FA NO. 1402/2005
WITH
FIRST APPEAL NO.1414 OF 2005
1. The Special Land Acquisition Officer,
Jalgaon U.T.P.H.-1.
2. The Executive Engineer,
Waghur Project, Jalgaon. ..APPELLANTS
(Ori. Respondents)
VERSUS
* Shri Jaising Totaram Tawar,
Age - Major, Occu. Agriculturist,
R/o Khadgaon, Tq. Jamner,
Dist. Jalgaon. ..RESPONDENT
(Ori. Claimant)
...
Mr. N.T.Bhagat, AGP for Appellants;
Mr. V.D. Gunale, Advocate for Respondents.
...
CORAM : P.R.BORA, J.
DATE : 23rd May, 2016.
JUDGMENT :
1) When the present group of appeals was taken
up for hearing, Shri V.D.Gunale the learned Counsel
appearing for the original claimants in all these appeals
submitted that, some of the appeals filed against the
Judgment and Award passed in the Land Acquisition
References, arising out of the same land acquisition
7 FA NO. 1402/2005
proceedings have been dismissed by this Court vide the
Judgment passed on 6th & 7th January, 2016 in First Appeal
No.1370/2005 with connected appeals. Learned Counsel
submitted that, the lands which were the subject matter of
the aforesaid appeals were of village Khadgaon and were
acquired for Waghur Irrigation Project. Learned Counsel
submitted that, the lands which are the subject matter of
the present group of appeals are also from village
Khadgaon and were acquired for the same Waghur
Irrigation Project. Learned Counsel submitted that, in the
concerned Land Acquisition References, the land reference
Court had awarded the compensation at the rate of Rs.1.8
lakh per hectare for jirayat land. Learned Counsel
submitted that, in the common Judgment and Award,
which is impugned in the present appeals, the Reference
Court has awarded the compensation at the same rate of
Rs.1.8 lakh for Jirayat land. Learned Counsel submitted
that, since First Appeal No.1370/2005 with connected
appeals arising out of the same land acquisition
proceedings have been dismissed by this Court, the
present appeals also deserve to be dismissed for the same
reasons assigned in the aforesaid Judgment of this Court.
8 FA NO. 1402/2005
2) Shri N.T.Bhagat, the learned AGP appearing for
the appellants in all the appeals in the present group has
not disputed the facts so stated as above by Shri Gunale,
the learned Counsel appearing for the original claimants.
3) Shri Gunale has placed on record the copy of
the common Judgment delivered by this Court on 6 th & 7th
January, 2016 in First Appeal No.1370/2005 with connected
appeals. On perusal of the said Judgment, it is revealed
that, the lands which were the subject matter in the said
appeals were acquired for Waghur Irrigation Project and
were from village Khadgaon. It is further revealed that, in
the said appeals, the reference Court had awarded
compensation at the rate of Rs.1.8 lakh per hectare for
jirayat land. In the common Judgment and Award impuged
in the present appeals also the subject lands were acquired
for Wagur Irrigation Project and the said lands are of
village Khadgaon. It is further revealed that, in the
common Judgment and Award impugned in the present
appeals, the Reference Court had awarded the
compensation for jirayat land at the same rate of
9 FA NO. 1402/2005
Rs.1.8 lakh per Hectare.
4) In view of the facts as above, the appeals in the
present group also deserve to be dismissed for the reasons
assigned by this Court in the judgment delivered in First
Appeal No.1370/2005 with connected appeals on 6th & 7th
January, 2016 and accordingly the present appeals are
dismissed. No order as to costs.
Sd/-
(P.R.BORA)
JUDGE
SPR
