Bombay High Court
Gopaldas Dwarkadas Bhatiya vs The State Of Maharashtra on 27 July, 2017
Bench: V.K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
915 FIRST APPEAL NO. 1230 OF 2007
The State of Maharashtra. ... APPELLANT
(Ori. Respondent)
VERSUS
Gopaldas s/o Dwarkadas Bhatiya,
Age major, Occu. Agriculture,
R/o. Vaijapur, Tq. Vaijapur,
District Aurangabad. ... RESPONDENT
(Ori. Claimant)
WITH
CROSS-OBJECTION (STAMP) NO. 17634 OF 2008
IN FA/1230/2007
Gopaldas s/o Dwarkadas Bhatiya,
Age 58 years, Occ. Agril.,
R/o. Bhatiya Galli, Vaijapur,
Tq. Vaijapur, Dis. Aurangabad. ... APPELLANT
(Ori. Claimant)
VERSUS
The State of Maharashtra. ... RESPONDENT
(Ori. Respondent)
...
Mr. S. N. Morampalle, AGP for the State.
Mr. P. F. Patni, Advocate for the Claimant.
...
CORAM : V. K. JADHAV, J.
DATE : 27th July, 2017.
ORAL JUDGMENT:
. Being aggrieved by the common judgment and award
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passed by the Joint Civil Judge Senior Division, Aurangabad dated 15th
December, 2001 in LAR No.142 of 1999 alongwith LAR No.143 of
1999, the Respondent / State has preferred First Appeal No.1230 of
2007 whereas original Claimant in LAR No.142 of 1999 has filed cross-
objection.
2 Brief facts giving rise to the present appeal and the cross-
objection are as follows:
The agricultural land owned and possessed by the
Claimants situated at Vaijapur, Taluka Vaijapur, District Aurangabad
came to be acquired by the Government for the purpose of
construction of Narangi-Sarangi medium project. Section 4 notification
was published on 30th July, 1994 and the Special Land Acquisition
Officer has awarded the compensation at the rate of Rs.700/- per Are
for the land Gat No.28, which is a subject matter of LAR No.142 of
1999 and awarded the compensation at the rate of Rs.625/- per Are for
the land Gat No.58, which is the subject matter of LAR No.143 of
1999. Being dissatisfied with the inadequate compensation awarded
by the Special Land Acquisition Officer, the present Claimant and
another Claimant Dharamsee preferred the aforesaid claim petitions
bearing LAR No.142 of 1999 and LAR No.143 of 1999 respectively.
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3 The learned Joint Civil Judge Senior Division, Aurangabad
vide its judgment and award dated 15 th December, 2001 has awarded
the compensation at the enhanced rate of Rs.1,000/- per Are for both
the lands. Being aggrieved by the same, the State has preferred the
aforesaid appeal and the original Claimant has filed the cross-
objection. The learned counsel for original Claimant submits that being
aggrieved by the judgment and award passed by the Reference Court
as aforesaid, the Petitioner in LAR No.143 of 1999 has preferred First
Appeal No.843 of 2002 before this Court and this Court by order dated
14th September, 2006 allowed the appeal and declared that the original
Petitioner Dharamsee / Appellant therein is entitled to the
compensation by considering the market price of the land to be
Rs.1,500/- per Are and by calculation of other statutory benefits on the
basis of the same. The learned counsel submits that the Claimant /
Cross-Objector is also entitled for the same rate. The order passed by
this Court in First Appeal No.843 of 2002 has now attained the finality
and the State has not preferred any appeal against it. The learned
counsel submits that in terms of the order passed by this Court in the
aforesaid first appeal, the State has paid the entire amount under
award as directed by this Court to the said original Claimant
Dharamsee.
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4 The learned AGP appearing for the State has also not
disputed this position.
5 On perusal of the order passed by this Court dated 14 th
September, 2006 in First Appeal No.843 of 2002, it appears that this
Court had an occasion to deal with the same common judgment and
award passed by the Reference Court in LAR Nos.142 of 1999 and
LAR No.143 of 1999. After considering the judgment and award
passed by the Reference Court and the evidence on record, this Court
has allowed the appeal and held that the said original Claimant /
Appellant Dharamsee is entitled to the compensation for the acquired
land at the rate of Rs.1,500/- per Are. The Respondent / original
Claimant by way of filing the cross-objection has also claimed the
compensation at the enhanced rate of Rs.1,500/- per Are for his
acquired land. In view of the same, there is no reason to take any
other view. Hence, the following order:
O R D E R
I. First Appeal No.1230 of 2007 (The State of
Maharashtra Vs. Gopaldas Dwarkadas Bhatiya) is
hereby dismissed with costs.
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II. Cross-Objection (Stamp) No.17634 of 2008
(Gopaldas Dwarkadas Bhatiya Vs. The State of
Maharashtra), is hereby allowed and it is hereby
declared that Cross-Objector / Gopaldas
Dwarkadas Bhatiya is entitled to compensation for
the acquired land at the enhanced rate of
Rs.1,500/- per Are alongwith all the permissible
statutory benefits as awarded by the Reference
Court.
III. Award be drawn up as per the above modification.
IV. The appeal and the cross-objection are accordingly
disposed of.
[ V. K. JADHAV, J. ]
ndm
