Bombay High Court
Tukaram Apparao Kavale Died Thr ... vs The State Of Maharashtra And Ors on 4 August, 2017
Bench: P.R. Bora
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL STAMP NO.22434 OF 2016
Ganesh S/o. Natharao Kavhale
Age: 39 years, Occu. Agri
R/o. Kedarwakdi, Tq. Mantha,
Dist. Jalna
...APPELLANT
VERSUS
1. The State of Maharashtra
Through Collector, Jalna
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Jalna
3. The Executive Engineer,
Nimna Dudhna Project, Selu,
Dist. Parbhani,
At present Minor irrigation Office,
Motibag Jalna, Dist. Jalna
...RESPONDENTS
...
Advocate for the applicant: Mr. Jadhav Kailas B.
AGP for respondent State: Mr. R.B.Bagul
...
WITH
FIRST APPEAL STAMP NO. 22436 OF 2016
1. Shivaji S/o. Trimbak Kavhale
Age: 37 years, Occu.: Agri.,
2. Srinivas S/o. Trimbak Kavhale
Age: 35 years, Occu.Agri.,
Both R/o. Kedarwakdi, Tq. Mantha
Dist - Jalna ...APPELLANTS
VERSUS
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1. The State of Maharashtra
Through Collector, Jalna
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Jalna
3. The Executive Engineer,
Nimna Dudhna Project, Selu,
Dist. Parbhani,
At present Minor irrigation Office,
Motibag Jalna, Dist. Jalna
...RESPONDENTS
...
Advocate for the applicant: Mr. Jadhav Kailas B.
AGP for respondent State: Mr. S.P.Sonpavale
...
WITH
FIRST APPEAL STAMP NO. 30395 OF 2016
Tukaram S/o. Apparao Kavhale
(Died.) Through His Legal Heirs
1. Sheshrao S/o. Tukaram kavhale,
Age: 42 Years, Occu. Agriculture
R/o. Kedarwadi, Tq. Mantha,
Dist. Jalna
2. Narayan S/o. Tukaram Kavhale,
Age: 39 years, Occu.:Agri.,
R/o. as above ...APPELLANTS
VERSUS
1. The State of Maharashtra
Through Collector, Jalna
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Jalna
3. The Executive Engineer,
Nimna Dudhna Project, Selu,
Dist. Parbhani
...RESPONDENTS
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Advocate for the applicant: Mr. Jadhav Kailas B.
AGP for respondent State: Mr. Mr. S.M.Ganachari
Mr. Shyam C.Arora, Adv., for respondent no.3.
...
WITH
FIRST APPEAL STAMP NO. 30119 OF 2016
1. Sudhakar S/o. Bhujangrao kavhale
(Died) Through LRs.
A) Laxmibai W/o. Bhujangrao kavhale,
Age: 75 years, Occu: Household
B) Yamunabai W/o. Sudhakar Kavhale
Age: 45 years, Occu.: Household,
C) Digamber S/o. Sudhakar Kavhale,
Age: 25 years, Occu.: Agril,
D) Vishnu S/o. Sudhakar Kavhale,
Age: 22 Years, Occu.: Agril,
E) Dwarka D/o. Sudhakar Kavhale,
Age: 23 Years, Occu.: Household,
F) Lakhabai W/o. Mauli Lipne,
Age: 28 Years, occu: Household
2. Madhukar S/o. Bhujangrao Kavhale
Age: 54 years, Occu.: Household
...APPELLANTS
VERSUS
1. The State of Maharashtra
Through Collector, Jalna
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Jalna
3. The Executive Engineer,
Nimna Dudhna Project, Selu,
Dist. Parbhani,
At present Minor irrigation Office,
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Motibag Jalna, Dist. Jalna
...RESPONDENTS
...
Advocate for the applicant: Mr. Jadhav Kailas B.
AGP for respondent State: Mr. S.P.Sonpavale
Advocate for respondent no.3:Mrs.Surekha G.Chincholkar
...
WITH
FIRST APPEAL STAMP NO. 32829 OF 2016
Bhanudas S/o. Bapurao Kavhale
(Died) Through His Legal Heirs
1. Limbaji S/o. Bhanudas Kavhale
Age: 36 years Occu. Agri.,
R/o. Kedarwadi, Tq. Mantha
Dist. Jalna ...APPELLANTS
VERSUS
1. The State of Maharashtra
Through Collector, Jalna
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Jalna
3. The Executive Engineer,
Nimna Dudhna Project, Selu,
Dist. Parbhani.
...RESPONDENTS
...
Mr. Kailas B.Jadhav, Adv., for applicants.
Mr.C.V.Dharurkar, AGP for respondent State.
Mr. S.G.Bhalerao, Adv., for respondent no.3.
...
CORAM: P.R. BORA, J.
DATE : August 4th, 2017
***
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ORAL JUDGMENT:
1. The matters are finally heard with the consent of
the learned Counsel for the parties. In the present matters
while allowing the applications for condonation of delay, this
Court has directed to take up the matters for final disposal
immediately and accordingly the matters are heard.
2. Learned Counsel appearing for the appellants
tendered across the bar copy of the judgment passed by this
Court ( Coram : V.K.Jadhav, J.) on 3rd of July, 2017, in First
Appeal No.2733/2013, with connected appeals, and also placed
on record the copy of the judgment passed by this Court on
17th of July, 2017, in First Appeal No.4083/2016 with
connected appeals. Both the copies are taken on record.
3. Learned Counsel for the appellants submitted that the lands
which are the subject matter in the present appeals are also from
village Kedarwakadi and were acquired for the same Nimna Dudhana
Project. Learned Counsel submits that the present lands were
acquired vide notification under Section 4 of the Land Acquisition Act,
1894, published in the official gazette on 13th May, 1995. Learned
Counsel submits that in view of the judgment passed by this
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Court in aforesaid two groups of appeals, the present appeals
may also be allowed and the amount of compensation be
enhanced on similar lines.
4. Learned A.G.P., after having gone through the
copies of the judgments placed on record by the learned
Counsel for the applicants, submits that companion matters are
already decided by this Court vide the aforesaid two common
judgments and, therefore, prayed for passing appropriate
orders.
5. I have carefully perused the impugned judgments
and the material placed on record. It is not in dispute that the
lands which are involved in the present appeals are all from
village Kedarwakdi It is also not in dispute that all these
lands were acquired vide notification under Section 4 of the Act
published in Government gazette on 13th of May, 1995. It is
further not in dispute that the lands which are involved in the
matters of First Appeal No.2733/2013 with connected appeals
decided by the learned Single Judge of this Court (Coram:
V.K.Jadhav, J.) on 3rd of July, 2017, and by this Court in First
Appeal No.4083/2016, with connected matters, were also
acquired for the same project vide the same notification. In
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view of the facts as aforesaid, I do not see any difficulty in
allowing the present appeals on similar lines, and for the
reasons stated in the said judgments. Hence, the following
order:
ORDER
1. The market value of the lands involved in the
present appeals shall be determined as per their categorization
made by the Special Land Acquisition Officer in the award under
Section 11 of the Act at the rate of Rs.1500/- ( Rs. one
Thousand five hundred) per Are for non irrigated lands;
Rs.2250/- ( Rs. two thousand, two hundred and fifty) per Are
for semi irrigated lands, at the rate of Rs.3000/- (Rs. three
thousand) per Are for perennially irrigated lands, and at the
rate of Rs.750/- ( Rs. seven hundred fifty ) per Are for
Potkharab lands, and the amount of compensation be enhanced
accordingly.
2. The appellants are held entitled to the statutory
benefits and interest in accordance with the provisions of the
Act. Interest under Section 34 of the Act shall be paid from
the date of award under Section 11 of the Act even on the
compensation awarded by the Reference Court.
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3. It is clarified that the applicants are not entitled for
the statutory interest of the period of delay in filing respective
appeals i.e. 2827, 2896, 2885, and 2916 days, as the case
may be.
4. No order as to the costs.
5. The appeals stand partly allowed in above terms.
(P.R.BORA)
JUDGE
...
AGP/22434-16cast
