Bombay High Court
Ashok Rambhau Telange vs The State Of Mah And Ors on 17 July, 2017
Bench: P.R. Bora
1 FA NOS.1779/2012 & ORS
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.1779 OF 2012
Rama s/o. Bapu Telange
Age 65 years, Occu. Agri.,
R/o. Rani Wahegaon, Tq. Partur,
Dist. Jalna = APPELLANT
(Ori. Claimant)
VERSUS
1. The State of Maharashtra
Through Collector, Jalna
Dist. Jalna,
2. The Special Land Acquisition officer,
(M.I.W.) Jalna,
Tq. & Dist. Jalna
3. The Executive Engineer
Nimna Dudhana Project,
Sailu, Division Sailu,
Dist. Parbhani = RESPONDENTS
WITH
FIRST APPEAL NO.1777 OF 2012
Ashok s/o. Rambhau Telange,
Age: 41 years, occu. Agri.,
R/o. Rani Wahegaon, Tq. Partur,
Dist. Jalna = APPELLANT
(Ori. Claimant)
VERSUS
1. The State of Maharashtra
Through Collector, Jalna
Dist. Jalna,
2. The Special Land Acquisition officer,
(M.I.W.) Jalna,
Tq. & Dist. Jalna
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2 FA NOS.1779/2012 & ORS
3. The Executive Engineer
Nimna Dudhana Project,
Sailu, Division Sailu,
Dist. Parbhani = RESPONDENTS
WITH
FIRST APPEAL NO.1778 OF 2012
Kashinath s/o. Rambhau Telange
Age 39 years, Occu. Agri.,
R/o. Rani Wahegaon, Tq.Partur,
Dist. Jalna = APPELLANT
(Ori. Claimant)
VERSUS
1. The State of Maharashtra
Through Collector, Jalna
Dist. Jalna,
2. The Special Land Acquisition officer,
(M.I.W.) Jalna,
Tq. & Dist. Jalna
3. The Executive Engineer
Nimna Dudhana Project,
Sailu, Division Sailu,
Dist. Parbhani = RESPONDENTS
-----
Mr. Kailas B. Jadhav, Advocate for Appellant/s;
Mr. S.P. Sonpawale, AGP for Respondent/State;
Mr. B.R. Surwase, Advocate for acquiring
body/Respondent.
-----
CORAM : P.R.BORA, J.
DATE :
17 th
July,2017.
ORAL JUDGMENT:
1) Print dispensed with. Since the present
3 FA NOS.1779/2012 & ORS
appeals are filed challenging the common Judgment
and Award passed by District Judge-2, Jalna on
21st April, 2009 (hereinafter referred to as the
Reference Court) in LAR No.325/2002 with three
other connected LARs, I deem it appropriate to
decide all these appeals by a common reasoning.
2) The lands, which are the subject matter
of the present appeals were acquired for lower
Dudhana Project from village Rani Wahegaon.
Notification under Section 4 of the Land
Acquisition Act, 1894 (for short, the Act) in
that regard was published in the official gazette
on 23rd June, 1995 and award under Section 11 came
to be passed on 25th November, 1999. The Special
Land Acquisition Officer had offered the
compensation @ Rs.817/- per Are for dry land. In
some matters, it was awarded @ Rs.830/- per Are
and in some matters @ Rs.786/- per Are.
Dissatisfied by the compensation, so offered, the
appellants preferred applications under Section
18 f the Act to Collector, Jalna, who in turn
4 FA NOS.1779/2012 & ORS
forwarded the said applications for adjudication
to the District court at Jalna. The claimants
had claimed compensation @ Rs.2,000/- per Are.
The Reference Court, after having assessed the
oral and documentary evidence brought on record
before it, determined the market value of the
acquired lands @ Rs.1200/- per Are for non-
irrigated land and accordingly enhanced the
amount of compensation. The appellants have
preferred the present appeals seeking enhancement
in the amount of compensation so awarded by the
Reference Court.
3) Shri Jadhav, learned Counsel appearing
for the appellants, submitted that in one of the
Land Acquisition References bearing LAR No.
59/2002 arising out of the same acquisition
proceedings and the same notification, the
Reference Court has awarded the compensation @
Rs.2,500/- per Are. The learned counsel
submitted that the said judgment has not been
challenged by the acquiring body or by the State
5 FA NOS.1779/2012 & ORS
and, therefore, the appellants in the present
appeals are entitled to receive the compensation
at par with the compensation awarded by the
Reference Court in LAR No.59/2002. The learned
counsel further submitted that even otherwise,
the Reference Court has failed in properly
appreciating the sale instances brought on record
by the appellants. The learned counsel,
therefore, prayed for allowing the appeals by
enhancing the amount of compensation to
Rs.2,500/- per Are.
. The learned counsel further submitted
that in some of the matters, which were brought
in appeal before the High court, arising out of
the same acquisition proceedings for the same
project, the High court has enhanced the amount
of compensation @ Rs.3,000/- per Are for the
irrigated land. The learned Counsel has tendered
across the Bar a copy of the judgment of this
court (Coram: V.K.Jadhav,J.) delivered in First
Apeal No.2733/2013 on 3rd July, 2017.
6 FA NOS.1779/2012 & ORS
4) Shri Surwase, learned counsel appearing
for the acquiring body opposed the submissions
made on behalf of the appellants. The learned
counsel submitted that the decision rendered by
the Reference Court in LAR No.59/2002 would not
apply to the facts of the present case since the
lands, which are the subject matter of the
present appeals are admittedly Jirayat lands and
the land which was the subject matter of LAR No.
59/2002 was fully irrigated land. The learned
Counsel further submitted that this court, while
deciding First Appeal No.2733/2013 also has not
awarded the compensation @ Rs.2,500/- per Are for
non-irrigated land. The learned counsel pointed
out that this court has determined the market
value of the lands in the said appeals @ Rs.
1500/- per Are for non-irrigated land; @ Rs.
2250/- for semi-irrigated land and Rs.3,000/- per
Are for fully irrigated land. The learned
Counsel submitted that in view of the decision of
this court in the aforesaid first appeal as well
as other companion appeals, appropriate orders
7 FA NOS.1779/2012 & ORS
may be passed.
5) I have carefully considered the
submissions advanced by learned counsel appearing
for the respective parties. It is not in dispute
that the lands, which are the subject matter of
the present appeals were acquired for Lower
Dudhana Project. The lands were acquired for the
said project from 22 different villages. From
the evidence which has come on record, there is
reason to believe that all these villages are
adjacent to each other and also situated in
Circle. Having considered the position as above
and having considered the fact that in the
companion appeals, this court has determined the
market value of the lands acquired from villages
Devala, Kedar Wakadi and Rani Wahegaon, the same
criterion needs to be applied for determining the
market value of the lands involved in the present
appeals. To that extent, the amount of
compensation needs to be enhanced.
8 FA NOS.1779/2012 & ORS
6) In the judgment delivered in First
Appeal No.2733/2013 and other connected
appeals, , this Court has relied upon the earlier
judgment delivered by this court in First Appeal
No.2740/2016, wherein this court has enhanced
the amount of compensation by determining the
market value at the rate of Rs.1,500/- per Are
for non-irrigated land. It is not in dispute
that the lands, which are involved in the present
appeals are all non-irrigated lands. The
appellants are, therefore, entitled to receive
compensation @ Rs.1500/- per Are for their
acquired non-irrigated lands and @ Rs.750/- per
Are for pot kharab lands.
7) For the reasons stated above, following
order is passed, -
ORDER
i) The appellants are entitled for
the compensation @ Rs.1500/- per Are for
non-irrigated lands and @ Rs.750/- per
Are for charabanc lands;
9 FA NOS.1779/2012 & ORS
ii) The appellants are also
entitled for the statutory benefits and
the interest in accordance with law;
iii) The impugned order to the
extent of interest granted under section
34 of the Act, stands set aside. Such
interest is made payable from the date
of the Awad under Section 11 of the Act;
iv) The Award be accordingly
modified;
v) The appeals stands allowed in
the aforesaid terms. Pending civil
application, if any stands disposed of.
(P.R.BORA)
JUDGE
bdv/
