Bombay High Court
Mohd Iliyas Mohd Yasin vs The Special Land Acquisition ... on 13 October, 2016
Bench: P.R. Bora
1 FA Nos. 3288/2016 & Ors.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.3288 OF 2016
Shaikh Rabbani S/o. Shaikh Maheboob,
Age:36 years, Occu.: Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2.
The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
WITH
FIRST APPEAL NO.3276 OF 2016
1. Janardhan S/o. Rama Ambhore,
Age:47 years, Occu.:Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad,
2. Eknath S/o. Rama Ambhore,
Age:45 years, Occu.:Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad,
...APPELLANTS
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
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2 FA Nos. 3288/2016 & Ors.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
WITH
FIRST APPEAL NO. 3277 OF 2016
Mohd Iliyas S/o. Mohd Yasin
Age: 70 years, Occu.:Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
WITH
FIRST APPEAL NO. 3278 OF 2016
Aatmaram S/o. Tukaram Wagh, (Died)
Through L.Rs. Laxmibai Aatmaram Wagh
Age: Major, Occu.: Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
...APPELLANT
VERSUS
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3 FA Nos. 3288/2016 & Ors.
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
WITH
FIRST APPEAL NO. 3279 OF 2016
Farooq Ahemad S/o. Mushtaq Ahemad,
Age:45 years, Occu.:Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
WITH
FIRST APPEAL NO. 3280 OF 2016
Shaikh Jilani S/o. Shaikh Maheboob,
Age:47 years, Occu.: Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
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4 FA Nos. 3288/2016 & Ors.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
ig ...RESPONDENTS
WITH
FIRST APPEAL NO. 3281 OF 2016
Shaikh Hakkani S/o. Shaikh Maheboob,
Age:46 years, Occu.:Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
WITH
FIRST APPEAL NO. 3282 OF 2016
Aref Ahemad S/o. Manjur Ahemad,
Kamar Jaha Aref Ahemad, Age:45 years,
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5 FA Nos. 3288/2016 & Ors.
Age:44 years, Occu.: Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
WITH
FIRST APPEAL NO. 3283 OF 2016
Maksud Ahemad S/o. Maheboob Ahemad
Age:57 years, Occu.:Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
WITH
FIRST APPEAL NO. 3284 OF 2016
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6 FA Nos. 3288/2016 & Ors.
Lilabai W/o. Sitaram Jadhav,
Age:47 years, Occu.:Agril,
R/o. Farapur, Tq. Soyagoan,
Dist. Aurangabad.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3.
The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
WITH
FIRST APPEAL NO. 3285 OF 2016
Maqbool Ahmed S/o. Gulam Mahemood
Age:36 years, Occu.:Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
WITH
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7 FA Nos. 3288/2016 & Ors.
FIRST APPEAL NO. 3286 OF 2016
Shivram S/o. Sampat Ambhore (Died)
Through L.Rs. Vishnu S/o Shivram Ambhore,
Age:47 years, Occu.: Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
WITH
FIRST APPEAL NO. 3287 OF 2016
Namdeo S/o. Sandu Bansode,
Age:53 years, Occu.:Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
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8 FA Nos. 3288/2016 & Ors.
...RESPONDENTS
WITH
FIRST APPEAL NO.3289 OF 2016
Shaikh Jafar S/o. Shaikh Gulab,
Age:63 years, Occu.: Agril,
R/o. Fardapur, Tq. Soyagaon,
Dist. Aurangabad.
...APPELLANT
VERSUS
1. The Special Land Acquisition Officer,
Aurangabad, Dist. Aurangabad.
2. The Regional Manager, Maharashtra
Tourism Development Corporation
Aurangabad Dist. Aurangabad.
3. The Managing Director, Maharashtra
Tourism Development Corporation
Aurangabad, Dist. Aurangabad.
...RESPONDENTS
...
Mr. G.S. Patil, Advocate for Appellant/s.
Mr. S.P. Deshmukh, AGP for Respondent No.1;
Mr. A.R. Kawade, Adv. h/f Mr. A.K. Mule,
Adv. for Respondent Nos.2 & 3.
-----
CORAM : P.R.BORA, J.
DATE :
13 th
October,2016.
ORAL JUDGMENT:
1) Heard. Admit. By consent of the learned
Counsel appearing for the parties, taken up for
final disposal.
. Since all these appeals arise out of the
common Judgment and Award dated 28th July, 2000
passed by Civil Judge, Senior Division,
Aurangabad in LAR No.920/1996 with connected
LARs, common arguments were heard by this Court
and I deem it appropriate to decide all these
appeals by a common reasoning.
2)
Learned Counsel appearing for the
appellants brought to the notice of this Court
that some of the matters arisen out of the same
acquisition proceeding, in which appeals were
filed and matters reached up to the Hon'ble Apex
Court, the Hon'ble Apex Court in the case of
Bilkis and Ors. Vs. State of Maharashtra and Ors.
- (2011) 12 SCC 646, has enhanced the amount of
compensation to Rs.650/- per Are.
. The learned Counsel submitted that since
the lands which are the subject matters of the
present appeals were also acquired for the same
purpose, i.e. for Tourism plan of Ajanta at
village Fardapur, Tq. Soygaon, Dist. Aurangabad,
vide same notification, the present appeals also
need to be allowed and in all these appeals
compensation needs to be enhanced by holding the
market value of the acquired lands at the rate of
Rs.650/- per Are, as has been determined by the
Hon'ble Apex Court.
3) On perusal of the record, it is revealed
that the lands which are the subject matters of
the present appeals were acquired for Tourism
plan of Ajanta, vide notification under Section 4
of the Land Acquisition Act, 1894 (for short, the
Act) issued on 16th April, 1990. Award under
Section 11 of the Act came to be passed on 22 nd
July, 1993. The Special Land Acquisition Officer
had determined the price of the acquired lands @
Rs.300/- per Are to Rs.350/- per Are.
Dissatisfied with the amount of compensation so
offered, the respondents/land-holders had filed
Reference applications under Section 18 of the
Act, wherein the learned Reference Court
determined the market value of the acquired lands
@ Rs.420/- per Are and accordingly enhanced the
amount of compensation. The present appeals are
filed by the respective land-holders seeking
enhancement in the amount of compensation so
awarded by the Reference Court.
4) On perusal of the judgment of the
Hon'ble Apex Court in the case of Bilkis and Ors.
(cited supra) as well as in the case of Subhash
Vs. State of Maharashtra and Anr (Civil Appeal
No.394/2004), there remains no doubt that some of
the connected matters were agitated up to the
Hon'ble Apex Court and in the aforesaid matters,
the Hon'ble Apex Court determined the market
value of the acquired lands @ Rs.650/- per Are.
In the subsequent judgment delivered in the case
of Subhash Vs. State of Maharashtra, the judgment
in the case of Bilkis (cited supra), is relied
upon and accordingly the amount of compensation
is enhanced by determining the market value of
the acquired lands @ Rs.650/- per Are.
5) Shri Patil, learned Counsel appearing
for the appellants also invited my attention to
the judgment delivered by the learned Single
Judge of this Court (Coram: S.V.Gangapurwala,J.)
in First Appeal No.703/2002 with connected
appeals on 2nd September, 2015, wherein, relying
upon the judgment of the Hon'ble Apex Court in
the case of Bilkis and Ors and in the case of
Subhash Vs. State of Maharashtra (cited supra),
the learned Single Judge has determined the
market value of the acquired lands @ Rs.650/- per
Are and accordingly enhanced the amount of
compensation.
6) Shri Mule, learned Counsel appearing for
the acquiring body, sought to canvass that the
lands, which were the subject matters of before
the Hon'ble Apex Court, were admittedly used for
non-agricultural purpose and having non-
agricultural potentialities and in the
circumstances, the market value of the said lands
was determined by the Hon'ble Apex Court at the
rate of Rs.650/- per Are. The learned Counsel
further submitted that the lands which are the
subject matter of the present appeals are
admittedly non-irrigated agricultural lands. In
the circumstances, according to the learned
counsel, same norms cannot be applied and the
market value of the subject lands cannot be
determined at par with the lands which were the
subject matter of proceedings before the Hon'ble
Apex Court.
7) The objection so raised does not deserve
any consideration in view of the fact that in the
earlier group of appeals, similar arguments were
advanced by the learned Counsel appearing for the
acquiring body before the learned Single Judge
and the learned Single Judge, while delivering
the judgment in First Appeal No.703/2002 with
connected appeals, had rejected the said
contentions by assigning reasons there for.
8) In view of the fact that for the lands
acquired vide same notification; for the same
purpose; and acquired from same village, the
Hon'ble Apex court has determined the market
value @ Rs.650/- per Are in the case of Bilkis &
Ors. (cited supra) and by following said judgment
in the subsequent appeal in the case of Subhash
Vs. State of Maharashtra (cited supra), same rate
has been awarded by the Hon'ble Apex court to the
lands which were the subject matter in the said
appeals; and further the learned Single Judge of
this Court, while deciding First Appeal No.
703/2002, arising out of the same acquisition,
has determined the market value of the lands
involved in those appeals, placing reliance on
the judgments of the Hon'ble Apex Court in the
aforesaid two cases, I do not see any reason for
taking any contrary view.
9) For the reasons stated above, I
determine the market value of the acquired lands
@ Rs.650/- per Are and hold the appellants
entitled for the proportionate enhancement in the
amount of compensation. In the result, the
following order, -
ORDER
i) The Award passed by the
Reference Court is modified to the
extent that the Respondents are jointly
and severally liable to pay the
claimants compensation for their
acquired lands @ Rs.650/- per Are.
ii) Save and except the aforesaid
modification, the remaining part of the
Award of the Reference Court is
maintained as it is.
iii) The statutory benefits, as
awarded by the Reference Court, shall
follow;
iv) In view of the fact that the
lands were acquired in the year 1993,
the acquiring body and the State
Government shall endeavour to pay the
amount of compensation to the claimants
expeditiously.
v) All the appeals are disposed of
in the aforesaid terms. No costs.
Pending Civil Applications, if any,
stand disposed of.
(P.R.BORA)
JUDGE
title-Kodgire
bdv/Jt.
