Bombay High Court
Ansiram Yeshwantrao Manvatkar vs The State Of Mah And Ors on 27 July, 2017
Bench: P.R. Bora
1 2262.2012FA.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD.
FIRST APPEAL NO. 2262 OF 2012
Ramrao S/o Yadavrao Kabade,
Age : 55 years, Occu. Agri.,
R/o. Rani Wahegaon, Tq. Partur, Dist. Jalna. ... Appellant
(Orig. 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. 2403 OF 2012
Ansiram S/o Yeshwantrao Manvatkar,
Age : 70 years, Occu. Agri.,
R/o. Rani-Wahegaon, Tq. Partur,
District- Jalna. ... Appellant
(Orig. Claimant)
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
2. The Special Land Acquisition
Officer (M.I.W.) Jalna, Tq.
and Dist. Jalna.
3. The Executive Engineer,
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Lower Dudhana Project,
Sailu Division, Sailu,
Dist. Parbhani. ... Respondents
WITH
FIRST APPEAL NO. 2417 OF 2012
Baliram S/o Chandrabhan Bobade,
Age : 45 years, Occu. Agri.,
R/o. Rani-Wahegaon, Tq. Partur,
District- Jalna. ... Appellant
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
2. The Special Land Acquisition
Officer (M.I.W.) Jalna, Tq.
& Dist. Jalna.
3. The Executive Engineer,
Lower Dudhana Project,
Sailu Division, Sailu,
Dist. Parbhani. ... Respondents
WITH
FIRST APPEAL NO. 2421 OF 2012
Chandrabhan S/o Nathuba Bobade,
Died through his L.Rs.
1. Smt. Asrabai W/o Chandrabhan Bobade,
Age : 60 years, Occu. Agril & Household,
R/o. Rani-Wahegaon, Tq. Partur,
Dist. Jalna.
2. Baliram S/o. Chandrabhan Bobade,
Age : 40 years, Occu. Agril.,
R/o. As above.
3. Muktiram S/o Chandrabhan Bobade,
Age : 45 years, Occu. Agril.,
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R/o. As above. ... Appellants
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
2. The Special Land Acquisition
Officer (M.I.W.) Jalna, Tq.
& Dist. Jalna.
3. The Executive Engineer,
Lower Dudhana Project,
Sailu Division, Sailu,
Dist. Parbhani. ... Respondents
WITH
FIRST APPEAL NO. 2423 OF 2012
Rajebhau S/o Govindrao Manvatkar,
Age : 40 years, Occu. Agril.,
R/o. Rani-Wahegaon, Tq. Partur,
Dist. Jalna. ... Appellant
(Orig. Claimant)
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
2. The Special Land Acquisition
Officer (M.I.W.) Jalna, Tq.
& Dist. Jalna.
3. The Executive Engineer,
Lower Dudhana Project,
Sailu Division, Sailu,
Dist. Parbhani. ... Respondents
WITH
FIRST APPEAL NO. 2426 OF 2012
Muktiram S/o Chandrabhan Bobade,
Age : 42 years, Occu. Agril.,
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R/o. Rani-Wahegaon, Tq. Partur,
Dist. Jalna. ... Appellant
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
2. The Special Land Acquisition
Officer (M.I.W.) Jalna, Tq.
& Dist. Jalna.
3. The Executive Engineer,
Lower Dudhana Project,
Sailu Division, Sailu,
Dist. Parbhani. ... Respondents
WITH
FIRST APPEAL NO. 2420 OF 2012
Dnyanoba S/o Babasaheb Manwatkar,
Age : 28 years, Occu. Agril.,
R/o. Rani-Wahegaon, Tq. Partur,
Dist. Jalna. ... Appellant
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
2. The Special Land Acquisition
Officer (M.I.W.) Jalna, Tq.
& Dist. Jalna.
3. The Executive Engineer,
Lower Dudhana Project,
Sailu Division, Sailu,
Dist. Parbhani. ... Respondents
WITH
FIRST APPEAL NO. 2422 OF 2012
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Atmaram S/o Yeshvantrao Manwatkar,
Age : 65 years, Occu. Agril.,
R/o. Rani-Wahegaon, Tq. Partur,
Dist. Jalna. ... Appellant
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
2. The Special Land Acquisition
Officer (M.I.W.) Jalna, Tq.
and Dist. Jalna.
3. The Executive Engineer,
Lower Dudhana Project,
Sailu Division, Sailu,
Dist. Parbhani. ... Respondents
WITH
FIRST APPEAL NO. 2425 OF 2012
Achyut S/o Ansiram Manwatkar,
Age : 50 years, Occu. Agril.,
R/o. Rani-Wahegaon, Tq. Partur,
Dist. Jalna. ... Appellant
VERSUS
1. The State of Maharashtra,
Through the Collector, Jalna.
2. The Special Land Acquisition
Officer (M.I.W.) Jalna, Tq.
and Dist. Jalna.
3. The Executive Engineer,
Lower Dudhana Project,
Sailu Division, Sailu,
Dist. Parbhani. ... Respondents
--------
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In all matters:
Mr. P.R. Kadam & Mr. M.P. Tripathi, Advocate for the appellant
Mr Kailas B. Jadhav, Advocate for appellant
in First Appeal No.2262 of 2012
Mr R. B. Bagul, AGP for respondent/State
In all matters Mr. T.B. Bhosale, Advocate for Respondent No.3
Mr. Survase, advocate for Respondent no.3
in First Appeal No.2262 of 2012
--------
CORAM : P.R. BORA, J.
DATE : 27TH JULY, 2017.
ORAL JUDGMENT :
. Heard the learned Counsel appearing for the appellants
and the learned Counsel appearing for the acquiring body.
2. The present appeals are arising out of the acquisition
proceedings for Lower Dudhna Project from village Rani Wahegaon.
It is brought to my notice by the learned Counsel appearing for the
parties that, this Court in First Appeal No.1779/2012 with connected
appeals decided on 17.07.2017, has enhanced the amount of
compensation by determining the market value of the acquired lands
at the rate of Rs.1500/- per Are for non - irrigated lands.
3. The lands which are involved in the present appeals are
acquired for the same Lower Dudhna project. It is brought to my
notice that, the present lands were also acquired vide notification
dated 23.06.1995 issued under Section 4 of the Land Acquisition Act
(hereinafter referred to as the 'Act'). For the reasons recorded by me
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in First Appeal No.1779/2012, the present appeals also deserve to be
allowed and the amount of compensation needs to be enhanced as
per the category of the lands involved in each of the present appeals.
4. The only issue, which additionally requires to be considered, is
an objection raised by the learned Counsel appearing for the
acquiring body as about the interest awarded by the Reference Court
under Section 34 of the Act from the date of possession, when the
same was liable to be awarded only from the date of award. In view
of the Full Bench Judgment of this Court in case of State of
Maharashtra Vs. Kailash Shiva Rangari , [2016 (3) Mh.L.J.] 457
,
the learned Counsel for the appellant / original claimants have
conceded for passing appropriate orders. In view of the above, the
following order is passed.
ORDER
1. The market value of the lands which are the subject matter in
the present appeals be determined at the rate of Rs.1500/- per Are for
non- irrigated lands, Rs.2250/- per Are for seasonally irrigated lands,
Rs.3000/- per Are for perennially irrigated lands and Rs.750/- per
Are for pot kharaba lands as per the categorization made by the
Special Land Acquisition Officer of the subject lands.
2. It is clarified that, the appellants are entitled to the statutory
interest under the provisions of law.
3. It is further clarified that, as undertaken by the appellants they
shall not be entitled for the statutory benefits or the interest for the
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period of delay on the enhanced amount of compensation.
4. It is further clarified that, the interest under Section 34 of the
Act shall be made payable only from the date of Award under Section
11 of the Act.
5. The appeals stand allowed in the aforesaid terms.
( P.R. BORA, J. )
ggp
