Bombay High Court
Dagdu Narayan Late vs The State Of Mah And Ors on 3 August, 2017
Bench: V.K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPPEAL NO. 861 OF 2013
Sampat Uttam Late.
Age. 35 years, Occu. Agriculture,
R/o. Deola, Taluka Partur,
Dist. Jalna.
..APPELLENT...
Versus
1. The State of Maharashtra,
Through the Collector, Jalna.
Having his office at collector
office, Jalna.
2. The Special Land Acquisition
Officer, M.I.W. Jalna.
Having his office at Collector
office, Jalna.
3. The Executive Engineer,
Nimna Dudhna Project,
Having his office at Jayakwadi,
Selu, Tq. Selu, Dist- Parbhani.
...RESPONDENTS
...
WITH
FIRST APPPEAL NO. 864 OF 2013
Dagdu Narayan Late,
Age. 50 years, Occu. Agriculture,
R/o. Deola, Tal. Partur,
Dist. Jalna. ...APPELLANT
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
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Having his office at collector
office, Jalna.
2. The Special Land Acquisition
Officer, M.I.W. Jalna.
Having his office at Collector
office, Jalna.
3. The Executive Engineer,
Nimna Dudhna Project,
Having his office at Jayakwadi,
Selu, Tq. Selu, Dist- Parbhani.
...RESPONDENTS
...
WITH
FIRST APPPEAL NO. 1180 OF 2013
Lahannuappa Kundlik Misal,
Age. 85 years, Occu. Agriculture,
R/o. Deola, Tal. Partur,
Dist. Jalna. ...APPELLANT
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
Having his office at collector
office, Jalna.
2. The Special Land Acquisition
Officer, M.I.W. Jalna.
Having his office at Collector
office, Jalna.
3. The Executive Engineer,
Nimna Dudhna Project,
Having his office at Jayakwadi,
Selu, Tq. Selu, Dist- Parbhani.
...RESPONDENTS
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...
WITH
FIRST APPPEAL NO. 1183 OF 2013
Kisan Namdeo Misal,
Age. 55 years, Occu. Agriculture,
R/o. Deola, Tal. Partur,
Dist. Jalna. ...APPELLANT..
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
Having his office at collector
office, Jalna.
2. The Special Land Acquisition
Officer, M.I.W. Jalna.
Having his office at Collector
office, Jalna.
3. The Executive Engineer,
Nimna Dudhna Project,
Having his office at Jayakwadi,
Selu, Tq. Selu, Dist- Parbhani.
...RESPONDENTS
...
WITH
FIRST APPPEAL NO. 1184 OF 2013
Atmaram Dattatraya Late,
Age. 40 years, Occu. Agriculture,
R/o. Deola, Tal. Partur,
Dist. Jalna. ...APPELLANT
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
Having his office at collector
office, Jalna.
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2. The Special Land Acquisition
Officer, M.I.W. Jalna.
Having his office at Collector
office, Jalna.
3. The Executive Engineer,
Nimna Dudhna Project,
Having his office at Jayakwadi,
Selu, Tq. Selu, Dist- Parbhani.
...RESPONDENTS
...
WITH
FIRST APPPEAL NO. 1185 OF 2013
Bharat Dattatraya Late,
Age. 45 years, Occu. Agriculture,
R/o. Deola, Tal. Partur,
Dist. Jalna. ...APPELLANT
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
Having his office at collector
office, Jalna.
2. The Special Land Acquisition
Officer, M.I.W. Jalna.
Having his office at Collector
office, Jalna.
3. The Executive Engineer,
Nimna Dudhna Project,
Having his office at Jayakwadi,
Selu, Tq. Selu, Dist- Parbhani.
...RESPONDENTS
...
WITH
FIRST APPPEAL NO. 1186 OF 2013
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Udhav Dattatraya Late,
Age. 42 years, Occu. Agriculture,
R/o. Deola, Tal. Partur,
Dist. Jalna. ...APPELLANT
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
Having his office at collector
office, Jalna.
2. The Special Land Acquisition
Officer, M.I.W. Jalna.
Having his office at Collector
office, Jalna.
3. The Executive Engineer,
Nimna Dudhna Project,
Having his office at Jayakwadi,
Selu, Tq. Selu, Dist- Parbhani.
...RESPONDENTS
...
WITH
FIRST APPPEAL NO. 1322 OF 2013
Baliram Baburao Late,
Age. 55 years, Occu. Agriculture,
R/o. Deola, Tal. Partur,
Dist. Jalna. ...APPELLANT
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
Having his office at collector
office, Jalna.
2. The Special Land Acquisition
Officer, M.I.W. Jalna.
Having his office at Collector
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office, Jalna.
3. The Executive Engineer,
Nimna Dudhna Project,
Having his office at Jayakwadi,
Selu, Tq. Selu, Dist- Parbhani.
...RESPONDENTS
...
WITH
FIRST APPPEAL NO. 1325 OF 2013
Baliram Baburao Late,
Age. 55 years, Occu. Agriculture,
R/o. Deola, Tal. Partur,
Dist. Jalna. ...APPELLANT
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
Having his office at collector
office, Jalna.
2. The Special Land Acquisition
Officer, M.I.W. Jalna.
Having his office at Collector
office, Jalna.
3. The Executive Engineer,
Nimna Dudhna Project,
Having his office at Jayakwadi,
Selu, Tq. Selu, Dist- Parbhani.
...RESPONDENTS
...
WITH
FIRST APPPEAL NO. 3146 OF 2013
Uttam Namdeo Misal,
Age. 55 years, Occu. Agriculture,
R/o. Deola, Tal. Partur,
Dist. Jalna. ...APPELLANT
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VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
Having his office at collector
office, Jalna.
2. The Special Land Acquisition
Officer, M.I.W. Jalna.
Having his office at Collector
office, Jalna.
3. The Executive Engineer,
Nimna Dudhna Project,
Having his office at Jayakwadi,
Selu, Tq. Selu, Dist- Parbhani.
...RESPONDENTS
...
WITH
FIRST APPPEAL STAMP NO. 25209 OF 2017
Vitthal Dajiba Late
Versus
The State of Maharashtra and Others
...
WITH
FIRST APPPEAL STAMP NO. 25111 OF 2017
Uttam Narayan Chaval
Versus
The State of Maharashtra and Others
...
WITH
FIRST APPPEAL STAMP NO. 25211 OF 2017
Guna Ashroba Late
Versus
The State of Maharashtra and Others
...
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WITH
FIRST APPPEAL STAMP NO.25220 OF 2017
Rukhminibai Dnyanoba Late
Versus
The State of Maharashtra and Others
...
WITH
FIRST APPPEAL STAMP NO. 25218 OF 2017
Ganesh Uddhavrao Late
Versus
The State of Maharashtra and Others
...
Advocate for Appellants/Claimants:Mr. D. M. Kakade.
Advocate for Respondent Nos.1 & 2: Mr.A.M.Phule/
S S Dande/B V Virdhe.
Advocate for Respondent No.3 : Mr. S. G. Bhalerao/
Mr. T. B. Bhosale.
...
CORAM : V.K. JADHAV, J.
Dated: August 03, 2017
...
COMMON JUDGMENT :
1. The present appeals have been filed by the original
Claimants seeking enhancement in the amount of
compensation awarded by the Reference Court in their
respective land acquisition reference petitions. The
lands which are the subject matter of present appeals
came to be acquired by the Government for Lower
Dudhana Project. Notification under Section 4 of the
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Land Acquisition Act was published in the Government
Gazette on 14th July, 1995. The Special Land Acquisition
Officer has awarded the compensation ranging from
Rs.489/- per Are to Rs.551/- per Are. Being aggrieved
by the inadequate compensation awarded by the Special
Land Acquisition Officer, the Claimants preferred the
land acquisition reference petitions under Section 18 of
the Land Acquisition Act. It has been contended in the
said reference petitions that the Special Land
Acquisition Officer has not followed the proper method
of valuation. The acquired lands are the fertile having
black cotton soil. The market value of the acquired
lands is not less than Rs.2,000/- to Rs.2,500/- per Are.
However, the Special Land Acquisition Officer has not
taken into consideration the increase in the market
value of the acquired land in Mantha Taluka due to
Lower Dudhana Project.
2. Respondent Nos.1 and 2 have strongly resisted
those reference petitions by filing the written statement.
It has been contended that the Claimants have claimed
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the compensation at the exorbitant rate. The Special
Land Acquisition Officer has considered the location of
the acquired lands and also considered the other factors
for assessing the true market value of the acquired
lands as on the date of acquisition. The Special Land
Acquisition Officer has also classified the lands on the
basis of quality of soil and also considered the genuine
sale instances in respect of the lands which are
comparable to the lands under acquisition. The Special
Land Acquisition Officer has awarded the just and
reasonable compensation.
3. The learned Judge of the Reference Court has
awarded the compensation at the enhanced rate of
Rs.1,200/-, Rs.1000/- per Are for dry lands, Rs.30/- per
Are for Potkharab lands, Rs.1800/- per Aar for semi
irrigated land. Being aggrieved by the same, the
Claimants have preferred these appeals seeking
enhancement of compensation.
4. The learned counsel for Appellants/original
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Claimants submits that the lands from 22 villages came
to be acquired for the Lower Dudhana Project from three
different Talukas namely Selu, Partur and Mantha
respectively. The learned counsel submits that this
Court in First Appeal No.2740 of 2016 and other
connected appeals from the same project and under
same notification published under Section 4 of the Land
Acquisition Act, awarded the compensation at the
enhanced rate of Rs.1,500/- per Are for non-irrigated
lands, Rs.2,250/- per Are for seasonally irrigated lands,
Rs.3,000/- per Are for perennially irrigated lands and
Rs.750/- per Are for Potkharab lands as categorized by
the Reference Court in the respective awards. This
Court has also upheld and maintained the statutory
benefits as awarded by the Reference Court.
5. I have also heard the learned AGP for the State
and the learned counsel appearing for the acquiring
body. They have not disputed the above aspect.
6. On perusal of the judgment and order passed by
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this Court in First Appeal No.2740 of 2016 and other
connected appeals from the same award, it appears that
this Court had an occasion to deal with the sale
instances considered by the Reference Court and the
submissions made on behalf of the State by the learned
AGP and on behalf of the acquiring body by the
respective counsel. This Court has dealt with each and
every aspect of the case and awarded the compensation
at the enhanced rate of Rs.1,500/- per Are for non-
irrigated lands, Rs.2,250/- per Are for seasonally
irrigated lands, Rs.3,000/- per Are for perennially
irrigated lands and Rs.750/- per Are for Potkharab
lands as categorized by the Reference Court in the
respective awards. The judgment and award impugned
in the appeals are thus, modified to the extent of the
enhanced rate of compensation. This Court has further
upheld and maintained the statutory benefits as
awarded by the Reference Court. There is not reason to
take any other view. Hence, the following order:
O R D E R
I. The appeals, are hereby partly allowed
with proportionate costs.
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II. The judgments and awards impugned
in the present appeals are modified to
the extent that the Respondents are
made jointly and severally liable to pay
compensation to the Appellants at the
rate of Rs.1,500/- per Are for non-
irrigated lands, Rs.2,250/- per Are for
seasonally irrigated lands, Rs.3,000/-
per Are for perennially irrigated lands
and Rs.750/- per Are for Potkharab
lands as categorized by the Reference
Court in the respective awards.
III. The statutory benefits awarded by the
Reference Court are upheld and
maintained.
IV. Award be drawn up as per the above
modification.
V. As undertaken by the Appellants, they
shall not be entitled for the statutory
benefits and interest in respect of the
period of delay caused in filing the
appeals by them.
VI. Deficit Court fees, if any, be paid by
the Appellants within four weeks from
the date of this order.
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VII. All the appeals are accordingly
disposed of.
VIII. Pending civil applications, if any, stand
disposed of.
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[ V. K. JADHAV, J. ]
...
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