Nivrutti Hari Adagale vs State Of Mah. Thru. Collector, ...
2017 Latest Caselaw 3986 Bom

0407 FA 1151/08, 802/08 & 36/2008             1                        Judgment


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                 NAGPUR BENCH AT NAGPUR.


                       FIRST APPEAL NO. 1151/2008 


Nivrutti Hari Adagale,
Aged about 55 years, Occu: Agriculturist,
R/o. Kurali, Taq. Umarkhed, Distt. Yavatmal.            APPELLANT


                                .....VERSUS.....


1]     The State of Maharashtra,
       Through Collector, Yavatmal.

2]     Executive Engineer, 
       Lower Pus Project, Pusad,
       Distt. Yavatmal.

3]     The Special Land Acquisition Officer,
       Lower Pus Project, Pusad,
       Distt. Yavatmal.                                  RESPONDE NTS
                                                                     


                                     AND


                         FIRST APPEAL No. 802/2008



Nivrutti Hari Adagale,
Aged about 55 years, Occu: Agriculturist,
R/o. Kurali, Taq. Umarkhed, Distt. Yavatmal.            APPELLANT


                                .....VERSUS.....




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 0407 FA 1151/08, 802/08 & 36/2008         2                        Judgment


1]     The State of Maharashtra,
       Through Collector, Yavatmal.

2]     Executive Engineer, 
       Lower Pus Project, Pusad,
       Distt. Yavatmal.

3]     The Special Land Acquisition Officer,
       Lower Pus Project, Pusad,
       Distt. Yavatmal.                               RESPONDE NTS
                                                                  


                                    AND


                          FIRST APPEAL No. 36/2008


1]     Kondba Hari Adagale (Dead)
       By legal representatives :-

1-a] Bhimrao Kondba Adagale,
     Aged 45 years,

1-b] Vishwanath Kondba Adagale,
     Aged 47 years,

1-c] Jaibhim Kondba Adagale,
     Aged 32 years,

1-d] Kashibai Nathuram Wathore,
     Aged 50 years,

1-e] Kantabai Haribhau Kawade,
     Aged 40 years,

1-f]   Maltabai Kisanrao Narwade,
       Aged 36 years,

       All agriculturists, R/o. Kurali,
       Taq. Umarkhed, Distt. Yavatmal.               APPELLANTS


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 0407 FA 1151/08, 802/08 & 36/2008             3                        Judgment




                                .....VERSUS.....


1]     The State of Maharashtra,
       Through Collector, Yavatmal.

2]     Executive Engineer, 
       Lower Pus Project, Pusad,
       Distt. Yavatmal.

3]     The Special Land Acquisition Officer,
       Lower Pus Project, Pusad,
       Distt. Yavatmal.                                 RESPONDENTS


Shri S.M. Puranik, counsel for appellant (in above appeals).
Shri A.R. Chutake, counsel for respondent nos.1 and 3 (in above 
appeals).
Shri A.B. Patil, counsel for respondent no.2 (in above appeals).


                 CORAM  : DR. SMT. SHALINI PHANSALKAR-JOSHI, J.

               DATE     : JULY 04, 2017.


ORAL JUDGMENT :  

In all these appeals, the Notification, under which the

land was acquired is the same, dated 21/08/1997. Even the award,

under which the compensation was granted is also the same dated

27/12/2000. In all these appeals, learned reference court of Civil

Judge (Sr.Dn.), Pusad vide its judgment and order, has enhanced

the compensation from Rs.20,000/- per hector as awarded by the

0407 FA 1151/08, 802/08 & 36/2008 4 Judgment

Special Land Acquisition Officer to Rs.35,000/- per hector. Hence,

these appeals are being decided by this common judgment,

especially considering that already one more L.A.C. No. 94/2004 in

respect of the land situated in the same village Kurali and acquired

under the same Notification and the award, is already decided by

the same reference court, vide its judgment dated 13/04/2016. By

by the said judgment, the reference court, in the said L.A.C. No.

94/2004 has awarded compensation at the rate of Rs.83,000/- per

hector.

2] It is submitted by learned counsel for appellant-

claimant that the said judgment has attained the finality, as even

after more than one year, no appeal is preferred by respondents

against the said judgment.

3] The certified copy of the judgment in L.A.C.

No.94/2004 is also produced on record by learned counsel for

appellant. It is taken on record and marked as Exh.A.

4] In view thereof, as the lands in all these appeals are of

the village Kurali and they are acquired under the same Notification

0407 FA 1151/08, 802/08 & 36/2008 5 Judgment

dated 21/08/1997 and under the same award dated 27/12/2000

and as the compensation awarded in the said L.A.C. No. 94/2004 at

the rate of Rs.83,000/- per hector, is not challenged by respondents

by preferring any appeal, appellants herein also become entitled to

the same rate of compensation as that of Rs.83,000/- per hector.

5] Accordingly all these appeals are allowed.

6] The impugned judgments and orders passed by the

reference court are modified to the extent that appellants in these

appeals, are held entitled for compensation at the rate of

Rs.83,000/- per hector along with 30% solatium, additional

component and other statutory benefits.

7] Rests of the judgments of the reference court stands

confirmed.

8] Appeals are disposed of in above terms.

JUDGE

Yenurkar