Bombay High Court
Parshuram Govinda Warke ... vs The Special Land Acquisition ... on 27 July, 2017
Bench: V.K. Jadhav
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916 First Appeal 1126 & 1127 of 2011.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
FIRST APPEAL NO. 1126 OF 2011
Supdu S/o. Govind Mahajan (Warke)
Age : 53 years, Occu : Agriculture,
R/o. Hingane (Bk), Tal. Jamner,
District : Jalgaon. ... APPELLANT
(Orig. Claimant)
V E R S U S
1. The Special Land Acquisition Officer,
Upper Tapi Project, Hatnur No.1,
Jalgaon, Dist. Jalgaon.
2. The Executive Engineer,
Waghur Project Division,
Jalgaon Division, Jalgaon. ... RESPONDENTS
(Orig. Respondents)
WITH
FIRST APPEAL NO. 1127 OF 2011
Parshuram S/o Govinda Warke (Mahajan)
Age : 44 years, Occu : Agriculture,
R/o. Hingane (Bk), Tal. Jamner,
District : Jalgaon. ... APPELLANT
(Orig. Claimant)
V E R S U S
1. The Special Land Acquisition Officer,
Upper Tapi Project, Hatnur No.1,
Jalgaon, Dist. Jalgaon.
2. The Executive Engineer,
Waghur Project Division,
Jalgaon Division, Jalgaon. ... RESPONDENTS
(Orig. Respondents)
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916 First Appeal 1126 & 1127 of 2011.odt
...
Mr. Vijay Y. Patil, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent No.1.
Mr. C. P. Kutti, Advocate for Respondent No.2.
...
CORAM : V. K. JADHAV, J.
DATE : 27th July, 2017.
ORAL JUDGMENT:
1. The above first appeals are directed against the judgment and
award passed by the Reference Court in respect of the lands acquired
at village Hingane Budruk, Taluka Jamner, District Jalgaon for
Waghur Project. Notification under section 4 of the Act came to be
published in respect of the acquisition of the lands on 30.10.1997.
However, purpose of the acquisition is for construction of the Waghur
Dam/Canal. The S.L.A.O. has awarded inadequate amount of
compensation and as such, the appellants-original claimants
preferred Land Acquisition Reference under Section 18 of the Land
Acquisition Act, 1894 for enhancement of the compensation. The
appellants-claimants have claimed compensation @ Rs.4,00,000/-
lacs Per Hectare for their acquired Lands. In L.A.R. No. 104/2006 the
Reference Court has awarded the compensation for Bagayat land
bearing Gat No.89/3B admeasuring 1-H, 25-R @ Rs.2,50,000/- per
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916 First Appeal 1126 & 1127 of 2011.odt
Hectare, for Bagayat land bearing Gat No.118 admeasuring 2-H, 42-R
@ Rs.2,50,000/- per Hectare and for Pot Kharab land bearing Gat
No.118 admeasuring 0-H, 15-R @ Rs.1,25,000/- per Hectare and in
L.A.R. No.105/2006 in respect of Bagayat land bearing Gat No.89/3A
admeasuring 3-H 29-R has awarded Rs.2,50,000/- per Hectare.
2. Being aggrieved by the judgment and award passed by the
Reference Court, the original claimant/s have preferred the above
mentioned appeals challenging the judgment and award passed by
the Reference Court. The Reference Court has awarded the
compensation at the enhanced rate as mentioned above by relying on
sale instance dated 16.1.1996 in respect of the 50 Aars of lands and
sale instance dated 13.8.1997 in respect of 40 Rs of land for deciding
the market value of the acquired lands. The notification under Section
4 of the Act was issued on 30.10.1997, whereas both sale instances
are from the same period i.e. of the year 1996-1997 respectively.
3. In a case Special Land Acquisition Officer and another Vs.
Bhagwat Vithal Sonwane reported in 2009 BCI 19, the Division
Bench of this Court had an occasion to consider the appeals preferred
by the Special Land Acquisition Officer and another against the
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916 First Appeal 1126 & 1127 of 2011.odt
judgment and award passed by the Reference Court in the same
Award. The Division Bench of this Court has also considered those
two sale instances relied upon by the Reference Court and by order
dated 5.1.2009 dismissed the said appeals preferred by the Acquiring
body and thereby awarded the compensation @ Rs.4,00,000/- per
hectare for Bagayat Lands, Rs.2,00,000/- Per Hectare for Jirayat
Lands and Rs.1,00,000/- per hectare for Pot Kharab land.
4. Learned counsel appearing for the respondent/acquiring body
has not disputed this position. Furthermore, in view of the judgment
and award passed by the Division Bench of this Court in the aforesaid
case of Special Land Acquisition Officer and another Vs.
Bhagwat Vithal Sonwane reported in 2009 (4) Mh.L.J. 308, in First
Appeal (St.) No.21132/2008 with F.A. St Nos.12017/2008 and other
connected appeals, on instructions, the S.L.A.O., Jalgaon has made
statement before the Lok Adalat held on 8.4.2017 that the
Government has acquiesced the judgment and award passed by the
Reference Court and as such, the aforesaid appeals before the Lok-
Adalat which arises out of the same Award passed in respect of the
lands acquired for Waghur Dam/Canal came to be disposed off.
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916 First Appeal 1126 & 1127 of 2011.odt
5. In view of the above, the appeals succeed. Hence, following
order.
O R D E R
I] First Appeal No.1126 of 2011 (Supdu S/o. Govind
Mahajan (Warke) Vs. The Special Land Acquisition
Officer and another) and First Appeal No. 1127 of 2011
(Parshuram S/o Govinda Warke (Mahajan) Vs. The
Special Land Acquisition Officer and another), are
hereby partly allowed with proportionate costs.
II] The common Judgment and Award passed by the Jt.
Civil Judge (S.D.), Jalgaon, dated 16.11.2006 in LAR
No.104/2006 and connected reference petitions is
hereby modified only to the extent of the claimants in
First Appeal No.1126/2011 (L.A.R.No.104/2006 Supdu
S/o. Govind Mahajan (Warke) Vs. The Special Land
Acquisition Officer and another) is entitled to the
compensation for acquisition of his Bagayat lands at the
enhanced rate of Rs.4,00,000/- (Rs.Four Lacs) per
Hectare and Pot Kharab land at the rate of Rs.1,00,000/-
(Rs.One Lac) per Hectare, with all statutory benefits as
awarded by Reference Court.
III] The common Judgment and Award passed by the Jt.
Civil Judge (S.D.) dated 16.11.2006 in L.A.R.
No.105/2006 and connected reference petitions is
916 First Appeal 1126 & 1127 of 2011.odt
hereby modified only to the extent of the claimant in First
Appeal No.1127/2011 (L.A.R.No.108/2002 Parshuram
S/o Govinda Warke [Mahajan] Vs. The Special Land
Acquisition Officer and another) is entitled to the
compensation for the acquisition of his Bagayat lands at
the enhanced rate of Rs.4,00,000/- (Rs.Four Lacs) per
Hectare, with all statutory benefits as awarded by
Reference Court.
IV] In view of the order passed by this Court and in view of
the undertaking furnished by the claimants before this
Court, the claimants are not entitled for the interest for
the period for which delay was condoned.
VI] Award be drawn up as per the above modifications.
VI] First appeals accordingly disposed of.
VII] The claimants shall pay the deficit court fees within four
weeks from the date of this Order.
[ V. K. JADHAV, J. ]
ndm
