The State Of Maharashtra And ... vs Lahanu Rajaram Selake And Others
2017 Latest Caselaw 3833 Bom

                                          1                          910 fa 666.16+



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD

                   910 FIRST APPEAL NO. 666 OF 2016

  1.       State of Maharashtra,
           Through The Collector, Beed.

  2.       The Executive Engineer,
           B.I.D. Beed.                          ...        Appellants

           VERSUS

  1.       Lahanu Rajaram Selake,
           Age : Major,

  2.       Arjun Rajaram Selake,
           Age : Major,

  3.       Jayshree Babasaheb Selake,
           Age : Major
           (Appeal is dismissed against R/3
           vide Reg's court's order dt.21.03.17)

           All by Occu.: Agriculturist,
           R/o.: Ashti, Dist. Beed.                ....         Respondents

                                   WITH
                        FIRST APPEAL NO.667 OF 2016

  1.       State of Maharashtra,

  2.       The Executive Engineer,
           B.I.D., Beed.                                  ...        Appellants

           VERSUS

           Dhondiba Laximan Ghagare,
           Age : Major, Occu.: Agriculturist,
           R/o.: Sumbewadi, Tq. Ashti,
           Dist. Beed.                     ...          Respondent.



                                  WITH
                       FIRST APPEAL NO. 664 OF 2016


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                                         2                            910 fa 666.16+



  1.       State of Maharashtra,

  2.       The Executive Engineer,
           B.I.D., Beed.                                  ...        Appellants

           VERSUS

           Namdeo Dhgondiba Ghagare,
           Age : Major, Occu.: Agriculturist,
           R/o.: Sumbewadi, Tq. & Dist.
           Beed.                                          ... Respondent

                                   ...
          AGP for the Appellant/State : Mr. S.P. Sonpawle, AGP.
            Advocate for the respondents : Mr. C. K. Shinde
                                   ...
                           CORAM        :     P.R. BORA, J.
                           DATE         :     June 30, 2017


  ORAL JUDGMENT :


  1.               Heard finally at the admission stage.


  2.               On perusal of the impugned award, it is revealed
  that the Reference Court has enhanced the amount of
  compensation by determining the market value of the acquired
  lands at the rate of Rs.750/- per Are to Rs.1,000/- per Are. The
  SLO had offered the compensation at the rate of Rs.240/- to
  Rs.250/- per Are. The Reference Court determined the marked
  value on the basis of the sale instances placed on record.
  Having regard to the discussion made by the Reference Court,
  there appears no reason to cause any interference in the
  market value as has been determined by the Reference Court.


  3.               The Reference Court has, however, committed a
  mistake by awarding the interest under Section 34 of the Land



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                                          3                           910 fa 666.16+

  Acquisition Act from the date of possession. In view of the law
  laid down by the Full Bench of this court in the case of State of
  Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4)
  ALL MR 513, the interest under Section 34 of the Act can only
  be awarded from the date of award and not from the date of
  possession and to that extent the common award impugned in
  the present appeals need to be modified. In view of the above,
  the following order is passed.


                                    ORDER

1. All these appeals are partly allowed.

2. The common judgment and award impugned in the present appeals, so far as it relates to grant of interest under Section 34 of the Act from the date of possession, stands modified to the effect that such interest shall be payable from the date of award.

3. The other part of the award is maintained as it is.

4. Pending Civil applications, if any, also stand disposed of.

(P.R. BORA) JUDGE

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