Bombay High Court
The Executive Engineer Osmanabad ... vs The State Of Maharshtra And Ors on 26 April, 2017
Bench: V.K. Jadhav
1 FA354.2012 + connected odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 354 OF 2012
The Executive Engineer,
Osmanabad Medium Project Division,
Osmanabad (On behalf of )
Maharashtra Krishna Valley Development
Corporation. ...APPELLANT
(Orig. Respo. No. 2)
Versus
1. The State of Maharashtra
Through Collector,
Osmanabad.
2. Special Land Acquisition
Officer, No. 2, Osmanabad.
3. Babasaheb Shahaji Munde,
(Died through his L.Rs.)
3/A. Smt. Kausalyabai Babasaheb Munde,
Age. 50 years, Occu. Household,
R/o. Tambewadi, Tq. Paranda,
Dist. Osmanabad.
3/B. Rajabhau Babasaheb Munde,
Age. 40 years, Occu. Agri.
R/o. As above.
3/C. Nanasaheb babasaheb Munde,
Age. 38 years, Occu. Agri.
R/o. As above.
3/D. Sunil Babasaheb Munde,
Age. 36 years, Occu. Agri.
R/o. As above.
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3/E. Suman Shivaji Dhakane,
Age. 45 years, Occu. Household,
R/o. Chumb, Tq. Barshi,
Dist. Solapur.
4. Fulchand Shahaji Munde,
Age. Major, Occu. Agri.
R/o. As above. ...RESPONDENTS.
(Orig. Respo. No. 1& 3
& Orig. Claimants.)
...
Advocate for Appellant : Mr. Rajale Gulab
AGP for Respondent/State : Mr B V Virdhe
...
WITH
FIRST APPEAL NO. 355 OF 2012
The Executive Engineer,
Osmanabad Medium Project Division,
Osmanabad (On behalf of )
Maharashtra Krishna Valley Development
Corporation. ...APPELLANT
(Orig. Respo. No. 2)
Versus
1. The State of Maharashtra
Through Collector,
Osmanabad.
2. Special Land Acquisition
Officer, No. 2, Osmanabad.
3. Rameshwar Rajaram Mali,
Age. Major, Occu. Household,
R/o. Tambewadi, Tq. Paranda,
Dist. Osmanabad. ...RESPONDENTS.
(Orig. Respo. No.1& 3
& Orig. Claimants.)
...
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Advocate for Appellant : Mr. Rajale Gulab
AGP for Respondent/State : Mr B V Virdhe
...
WITH
FIRST APPEAL NO. 2935 OF 2011
The Executive Engineer,
Osmanabad Medium Project Division,
Osmanabad (On behalf of )
Maharashtra Krishna Valley Development
Corporation. ...APPELLANT
(Orig. Respo. No. 2)
Versus
1. The State of Maharashtra
Through Collector,
Osmanabad.
2. Special Land Acquisition
Officer, No. 2, Osmanabad.
3. Harishchandra Shamrao Khandare,
Age. Major, Occu. Household,
R/o. Tambewadi, Tq. Paranda,
Dist. Osmanabad. ...RESPONDENTS.
(Orig. Respo. No.1&3
& Orig. Claimants.)
...
Advocate for Appellant : Mr. Rajale Gulab
AGP for Respondent/State : Mr B V Virdhe
Advocate for Respondent No. 3: Mr. S.T. Ghute
...
WITH
FIRST APPEAL NO. 2936 OF 2011
The Executive Engineer,
Osmanabad Medium Project Division,
Osmanabad (On behalf of )
Maharashtra Krishna Valley Development
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Corporation. ...APPELLANT
(Orig. Respo. No. 2)
Versus
1. The State of Maharashtra
Through Collector,
Osmanabad.
2. Special Land Acquisition
Officer, No. 2, Osmanabad.
3. Prakash Suryabhan Mahajan,
Age. Major, Occu. Household,
R/o. Tambewadi, Tq. Paranda,
Dist. Osmanabad. ...RESPONDENTS.
(Orig. Respo. No.1& 3
& Orig. Claimants.)
...
Advocate for Appellant : Mr. Rajale Gulab
AGP for Respondent/State : Mr B V Virdhe
Advocate for Respondent No. 3: Mr. S.T. Ghute
...
WITH
FIRST APPEAL NO. 2940 OF 2011
The Executive Engineer,
Osmanabad Project (East-West) Division,
Osmanabad (On behalf of )
Maharashtra Krishna Valley Development
Corporation. ...APPELLANT
(Orig. Respo. No. 2)
Versus
1. The State of Maharashtra
Through Collector,
Osmanabad.
2. Special Land Acquisition
Officer, No. 2, Osmanabad.
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3. Raghu Shankar Mali,
Age. Major, Occu. Household,
R/o. Tambewadi, Tq. Paranda,
Dist. Osmanabad. ...RESPONDENTS.
(Orig. Respo. No.1& 3
& Orig. Claimants.)
...
Advocate for Appellant : Mr. Rajale Gulab
AGP for Respondent/State : Mr B V Virdhe
Advocate for Respondent No. 3: Mr. S.T. Ghute
...
WITH
FIRST APPEAL NO. 2941 OF 2011
The Executive Engineer,
Medium Project (East-West) Division,
Osmanabad (On behalf of )
Maharashtra Krishna Valley Development
Corporation. ...APPELLANT
(Orig. Respo. No. 2)
Versus
1. The State of Maharashtra
Through Collector,
Osmanabad.
2. Special Land Acquisition
Officer, No. 2, Osmanabad.
3. Pralhad Suryabhan Mahajan,
Age. Major, Occu. Household,
R/o. Tambewadi, Tq. Paranda,
Dist. Osmanabad. ...RESPONDENTS.
(Orig. Respo. No.1& 3
& Orig. Claimants.)
...
Advocate for Appellant : Mr. Rajale Gulab
AGP for Respondent/State : Mr B V Virdhe
Advocate for Respondent No. 3: Mr. S.T. Ghute
...
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WITH
FIRST APPEAL NO. 2947 OF 2011
Maharashtra Krishna Valley
Development Corporation,
Through Executive Engineer,
Osmanabad Medium Project Division,
Osmanabad, Sinchan Bhavan,
Anand Nagar, Osmanabad. ...APPELLANT..
(Orig. Respo. No. 2)
Versus
1. The State of Maharashtra
Through Collector,
Osmanabad.
2. Vilasrao Raosaheb Kulkarni,
(Died through his L.Rs.)
2-A. Vijaya Vilas Kulkarni,
Age. 48 years, Occu. Household,
R/o. Tambewadi, Tq. Paranda,
Dist. Osmanabad.
2-B. Gauri Jayant Joshi,
Age. 30 years, Occu. Agri.
R/o. As above.
2-C. Gajanan Vilas Kulkarni,
Age. 27 years, Occu. Agri.
As above.
2-D. Swati Satish Kulkarni,
Age. 24 years, Occu. Household,
R/o. As above. ...RESPONDENTS.
(Orig. Respo. No.1 &
& Orig. Claimants.)
...
Advocate for Appellant : Mr. Rajale Gulab
AGP for Respondent/State : Mr B V Virdhe
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Advocate for Respondent No. 2-A to 2-D: Mr. A.S. More
...
WITH
FIRST APPEAL NO. 2948 OF 2011
Maharashtra Krishna Valley
Development Corporation,
Through Executive Engineer,
Osmanabad Medium Project Division,
Osmanabad, Sinchan Bhavan,
Anand Nagar, Osmanabad. ...APPELLANT
(Orig. Respo. No. 2)
Versus
1. The State of Maharashtra
Through Collector,
Osmanabad.
2. Balasaheb Bubasaheb Tambe,
Age. 55 years, Occu. Agri.,
R/o. Deolali, Tq. Paranda,
Dist. Osmanabad. ...RESPONDENTS.
(Orig. Respo. No.1&
& Orig. Claimants.)
...
Advocate for Appellant : Mr. Rajale Gulab
AGP for Respondent/State : Mr B V Virdhe
...
CORAM : V.K. JADHAV, J.
Dated: April 26, 2017
...
ORAL JUDGMENT :-
1-a. Being aggrieved by the judgment and award
passed by the Reference Court in LAR No.202/1994 and
201/1994, the respondent-Acquiring body has preferred
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First Appeal No.354/2012 and 355/2012.
1-b. Being aggrieved by the judgment and Award
passed by the Reference Court in LAR No.200/1994 and
205/1994 the acquiring body has preferred First appeal
No.2940/2011 and 2941/2011.
1-c. Being aggrieved by the judgment and award
passed in LAR No.518/1994 and 509/1994 the
acquiring body has preferred first appeal No.2947/2011
and 2948/2011 and being aggrieved by the judgment
and award passed by the reference court in LAR
No.189/1994 and 195/1994, the acquiring body has
preferred First Appeal nos.2935/2011 and 2936/2011.
2. In all these appeals, the lands owned and
possessed by the respondents-claimants situated at
village Tambewadi, Tq. Paranda, District Osmanabad
came to be acquired by the Government for construction
of Tambewadi Medium Project, Tambewadi, Tq. Paranda,
District Osmanabad under the notification under
section 4 of the Land Acquisition Act dated 26.12.1989.
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Thus all these appeals arising from the same award,
taken up together for disposal.
3. In the aforesaid reference petitions, the Reference
Court has awarded the compensation to the acquired
lands by treating the said lands as seasonally irrigated
lands at the rate of Rs.72,000/- per acre, except in land
LAR No.518/1994, wherein enhanced compensation is
awarded @ Rs.52,000/- per acre by treating the land as
Jirayat Land. The Reference Court while awarding the
compensation at the aforesaid rates, placed reliance
upon a sale instance dated 3.4.1987 of village Umbarge.
4. Being aggrieved by the judgment and award
passed by the Reference Court as aforesaid, the
acquiring body has preferred these appeals. Being
aggrieved by the common judgment and award passed
by the Reference Court in LAR No.511/1994 and
512/1994 present appellant-acquiring body has
preferred First Appeal no.1365/2013 and 1363/2013
respectively. Reference Court by common judgment in
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LAR No.511/2009 and 512/1994 considered the
acquisition of the agricultural lands situated at village
Tambewadi, Tq. Paranda. District Osmanabad under the
same Award and awarded the compensation to the
acquired lands in those reference petitions @
Rs.72,000/- per acre by treating the said lands as
seasonally irrigated lands. This Court by the judgment
and order dated 10.9.2015 in the aforesaid First Appeal
nos.1365/2013 and First appeal no. 1363/2013
confirmed the order passed by the Reference Court in
the said LAR no.511/1994 and 512/1994.
5. The learned counsel for the appellant acquiring
body submits that the acquiring body has not preferred
any appeal against the order passed by this Court in the
aforesaid First Appeal Nos.1365/2013 with FA
No.1363/2013.
6. In the present group of appeals, except in FA
No.2948/2011 in other first appeals, the reference Court
has awarded the compensation with enhanced rate of
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Rs.72,000/- by treating the acquired lands as
seasonally irrigated lands and the Reference Court has
awarded the said compensation at the said enhanced
rate by relying upon the same sale instance dated
3.4.1987 of village Umbarage.
7. The learned counsel appearing for the appellant-
acquiring body has also accepted this position that
order passed by this Court in FA No.1365/2013 and FA
No.1363/2013 has now attained the finality.
8. In view of the above, there is no reason to take any
other view in the aforesaid group of first appeals. So far
as First Appeal No.2948/2011 is concerned, the
Reference Court has awarded the just and reasonable
compensation by treating the lands as Jirayat Land and
as such, no interference is required in it.
9. In view of the above, there is no substance in the
first appeals. In view of the above discussion, all the
First Appeals are liable to be dismissed. Hence,
following order.
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O R D E R
1. All the First Appeals are hereby dismissed.
2. In the circumstances, there shall be no order
as to costs.
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( V.K. JADHAV, J. )
...
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