The State Of Maharashtra And Ors vs Deelip Bajirao Shinde
2017 Latest Caselaw 3185 Bom

                                     1       FA St.No.6326/2016 & Ors.

        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

                    FIRST APPEAL STAMP NO.6326 OF 2016

  1.       The State of Maharashtra
           Through Collector, Latur,

  2.       The Special Land Acquisition 
           Officer (P.T. & I.T.), Latur,

  3.       The Executive Engineer,
           Minor Irrigation Divisional
           (Local Sector), Latur,            =    APPELLANTS
                                             (Ori. Respondents)
                   VERSUS

  Deelip S/o. Bajirao Shinde,
  Age: 42 years, Occu.: Agriculture,
  Resident of Thergaon,
  Tq. Shirur Anantpal,
  Dist. Latur                        =     RESPONDENT
                                        (Ori. Claimant) 
                           WITH
            FIRST APPEAL STAMP NO.6437 OF 2016

  1.       The State of Maharashtra
           Through Collector, Latur

  2.       The Special Land Acquisition 
           Officer (P.T. & I.T.), Latur

  3.       The Executive Engineer,
           Minor Irrigation Divisional
           (Local Sector), Latur,           =    APPELLANTS
                                             (Ori. Respondents)
                   VERSUS

  Kishore S/o. Bajirao Shinde,
  Age:36 years, Occu.: Agriculture,
  Resident of Thergaon, 
  Tq. Shirur Anantpal,
  Dist. Latur                       =     RESPONDENT
                                       (Ori. Claimant) 




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                                          2         FA St.No.6326/2016 & Ors.

                                   WITH
                    FIRST APPEAL STAMP NO.6427 OF 2016

  1.       The State of Maharashtra
           Through Collector, Latur

  2.       The Special Land Acquisition 
           Officer (P.T. & I.T.), Latur

  3.       The Executive Engineer,
           Minor Irrigation Divisional
           (Local Sector), Latur,                 =    APPELLANTS
                                                   (Ori. Respondents)
                   VERSUS

  Dananjay S/o. Suryabhan Shinde,
  Age: 31 years, Occu.: Agriculture,
  Resident of Thergaon, 
  Tq. Shirur Anantpal,
  District Latur                     =     RESPONDENT
                                        (Ori. Claimant) 
                          -----
  Shri R.B. Bagul, AGP for Appellant/s;

  S/Shri   H.V.   Patil   and   M.P.   Kale,   Advocates   for 
  respective Respondent/s - Original claimant/s.
                             -----
                               CORAM :  P.R.BORA, J.

                               DATE  :         
                                             14 th
                                                   
                                                   June,2017.
                                                             
                                   
  ORAL JUDGMENT:

  1)               By consent, the appeals are taken up for 

  final disposal.



  2)               Learned AGP assailed the impugned awards 

  only on the point of grant of rental compensation 

  by   the   Reference   Court.   Learned   AGP   submitted 




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                                        3        FA St.No.6326/2016 & Ors.

  that   the   Tribunal   has   grossly   erred   in   awarding 

  the   rental   compensation   in   the   Land   Acquisition 

  Reference   filed   under   Section   18   of   the   Land 

  Acquisition   Act.     The   learned   AGP,   therefore, 

  prayed   for   setting   aside   the   impugned   Awards   to 

  the said extent.



  3)               The   learned   Counsel   appearing   for   the 

  respondents   were   fair   enough   in   submitting   that 

  no rental compensation could have been awarded in 

  the Reference Application under Section 18 of the 

  Act.  



  4)               In   view   of   the   fact   that   the   original 

  claimants have fairly conceded that the Reference 

  Court could not have granted rental compensation 

  in the proceeding under Section 18 of the Act and 

  the   Appellant-State   has   restricted   its   challenge 

  only   to   the   said   extent,   the   present   appeals 

  deserve   to   be   partly   allowed   to   that   extent. 

  Hence the following order.




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                                             4        FA St.No.6326/2016 & Ors.

                                       ORDER

i) The Awards, impugned in the present

appeals, stand set aside to the extent of grant

of rental compensation by the Reference Court.

ii) It would be however open for the

original claimants to avail appropriate remedy to

claim the rental compensation, if they so desire.

iii) The First Appeals stand partly allowed

to the aforesaid extent without any order as to

the costs.

iv) Pending Civil Application, if any,

stands disposed of.

(P.R.BORA) JUDGE

bdv/