Bombay High Court
Dattarao Vyankatrao Late Th Lrs ... vs The State Of Maharshtra And Ors on 4 August, 2017
Bench: P.R. Bora
1 FA NO.2107 OF 2016gr
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.2107 OF 2016
Ahilaji Nivrutti Late,
Age: 54 years, Occu.:Agri.,
R/o. Village Devla, Tq. Partur,
Dist. Jalna . ...APPELLANT
(Original Claimant)
VERSUS
1. The State of Maharashtra
through the Collector, Jalna
Tq. and Dist. Jalna.
2. The Executive Engineer
Lower Dudhana Project Division, Selu
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna
Tq. and Dist. Jalna.
3. The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna.
...RESPONDENTS
(Original Respondents)
...
Mr. Deepak M. Kakade, Adv. for appellant;
Mr. Sudhir G. Bhalerao, Adv. for Respondent No.3.
Mr. C.V.Dharurkar, AGP, for respondent State.
...
WITH
FIRST APPEAL NO.1846 OF 2014
Bhau Baba Late,
Age: 50 years, Occu.Agri.,
R/o. Deola, Tq. Partur,
Dist. Jalna ...APPELLANT
(Orig. Petitioner)
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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
(Original Respondents)
...
Mr. Deepak M. Kakade, Adv. for appellant;
Mr. B.R. Surwase, Adv. for Respondent No.3.
Mr. S.P.Sonpawale, AGP., for respondent State.
...
WITH
FIRST APPEAL NO.2034 OF 2014
Dattarao Vyantakrao Late (through L.Rs.)
1. Mankarnabai Dattarao Late,
Age: 75 years, Occu.: Agriculture,
R/o. Deola, Tq. Partur,
Dist. Jalna.
2. Bharat Dattarao Late,
Age: 55 years, Occu.:Agriculture
R/o. As above.
3. Uddhav Dattarao Late,
Age: 52 years, Occu.: Agriculture
R/o. As above.
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4. Atmarao Dattarao Late,
Age: 45 years, Occu.:Agriculture
R/o. As above ...APPELLANTS
(Original Petitioners)
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
(Original Respondents)
...
Mr. Deepak M. Kakade, Advocate for appellants
Mr. B.R.Surwase, Advocate for Respondent No.3.
Mr. C.V. Dharurkar, AGP., for respondent State.
...
CORAM: P.R. BORA, J.
DATE :August 4th, 2017
ORAL JUDGMENT:
1. Heard finally with the consent of the learned
Counsel appearing for the parties.
2. Learned Counsel appearing for the appellants who
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are the original claimants submit that in companion matters
arising out of the same acquisition proceedings, this Court, for
the lands acquired from village Devla, has determined the
amount of compensation at the rate of Rs.1500/- per Are for
non irrigated lands, Rs.2250/- for seasonally irrigated lands,
Rs.3000/- per Are for perennially irrigated lands and Rs.750/-
for Potkharab lands and has accordingly enhanced the amount
of compensation.
3. Learned Counsel submitted that the lands which are
subject matter of the present appeals are also from village
Devla and were acquired for the same project vide the same
notification. Learned Counsel, therefore, prayed for passing
orders as are passed by this Court in First Appeal
No.3123/2016 with connected appeals on 30th of March, 2017 (
Coram: V.K.Jadhav, J.). Learned Counsel appearing for the
acquiring body does not dispute the correctness of the facts
stated by the learned Counsel for the appellant and has also
prayed for passing orders on similar lines.
4. I have perused the impugned judgment and the
other material placed on record. The lands which are subject
matter in the present appeals are admittedly from village Devla
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and the same were acquired for Lower Dudhana Project Vide
Section 4 notification issued on 14th of July, 1995. I have
perused the judgment delivered by this Court in First Appeal
No.3123/2016. The lands which were involved in the said
appeals were also acquired for Lower Dudhana Project vide the
same notification dated 14th of July, 1995 and were from
village Devla. I, therefore, see no reason to take contrary
view than the one taken by this Court vide deciding First Appeal
No.3123/2016. Moreover, the facts as are stated by the
learned Counsel for the appellant are not disputed by the
learned Counsel for the acquiring body. In that view of the
matter, following order is passed:
ORDER
I. The appeals, are hereby partly allowed with
proportionate costs.
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
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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.
VII. Pending civil applications, if any, stand disposed of.
(P.R.BORA)
JUDGE
...
AGP/2107-16fa
