Bombay High Court
Anant Namdeo Ghawat (Dead), Thr. ... vs The State Of Maharashtra And ... on 7 March, 2017
Bench: A.S. Chandurkar
28-J-CAF--2659-16 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION NO.2659 OF 2016
IN & WITH
FIRST APPEAL ST. NO.3209 OF 2016
Anant Namdeo Ghaiwat
(Died on 24/03/2005, After
passing of Reference Court Judgment)
1. Tejubai wd/o Anant Ghaiwat
Aged about 55 years,
Occ. Household Work,
2. Pankaj s/o Anant Ghaiwat,
Aged about 27 years,
Occupation : Agriculturist,
3. Nilesh s/o Anant Ghaiwat
Aged about 24 years,
Occupation : Agriculturist,
All R/o Gurudeo Nagar, Disgras,
Tah. Digras, Dist. Yavatmal ... Appellants.
vs.
1. The State of Maharashtra,
Through Secretary, Revenue Dept.
Mantralaya, Mumbai 400 32.
2. The Collector, Yavatmal.
3. The Special Land Acquisition Officer,
Benefitted Zone, Arunavati Project,
Tah. Digras, District Yavatmal.
Shri S. V. Ingole, Advocate for appellants/applicants.
Shri M.M. Ekre, AGP for respondents.
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CORAM : A.S.CHANDURKAR, J.
DATE : March 07, 2017
C.A.F. No.2659 of 2016
Notice on the application is made returnable forthwith. Shri M.M.
Ekre, learned Assistant Government Pleader waives notice on behalf of the
non-applicants.
2. Prayer is to condone delay in filing the first appeal. It is stated that
though the proceedings were decided by the Reference Court on
09/10/1990, the applicants received the amount of compensation only in
the month of November 2015. In the application it is stated that this Court
has adjudicated for enhancement with regard to lands from the same village
and hence the applicants are also entitled for higher compensation.
3. The application is opposed by Shri M. M. Ekre, learned Assistant
Government Pleader by submitting that the reasons assigned are not
sufficient. He however does not dispute the adjudication with regard to the
lands from the same village.
4. Considering the law as laid down in Imrat Lal and ors vs. Land
Acquisition Collector and ors 2014(9) SCALE 446 the delay in filing the
first appeal stands condoned subject to the applicants not being entitled for
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interest on the amount of compensation if enhanced from 09/10/1990 till
date. Delay is condoned on aforesaid terms. Application is disposed of.
5. C.A.F.No.2660 of 2016
Notice on the application is made returnable forthwith. Shri M.M.
Ekre, learned Assistant Government Pleader waives notice on behalf of the
non-applicants.
6. Considering the law as laid down in Bhimasha vs. Special Land
Acquisition Officer and anr. (2008) 10 Supreme Court Cases 797, the
application is allowed. Necessary amendment be carried out within period
of ten days from today. Civil application is allowed and disposed of.
7. F.A.St. No.3209 of 2016
Notice for disposal of appeal is made returnable forthwith as this Court
has already adjudicated the amount of fair compensation for lands acquired
from village Deurwada in other appeals.
8. Land admeasuring 7H came to be acquired for Arunawati project.
Notification under Section 4 of the said Act is dated 25/06/1981. The Land
Acquisition Officer passed his award on 18/09/1986 and granted amount of
Rs.12,000/- per hectare. The Reference Court enhanced the amount of
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compensation to Rs.22,500/- per hectare. Being aggrieved the present
appeal has been filed.
8. Shri Ingole, learned counsel for the appellant submits that in F.A.St.
No.20564/2015 and other connected appeal this Court has granted an
amount of Rs.65,000/- per hectare for the dry crop land. He submits that
the acquired lands are from the same village and hence similar
compensation deserves to be granted.
9. Shri M. M. Ekre, learned Assistant Government Pleader does not
dispute the adjudication with regard to lands from the same village. Hence
for reasons assigned in F.A.No.269/1998 and connected matters, the
following order is passed :
(i) The judgment of Reference Court dated 09/10/1990 in LAC
No.402/1990 is partly modified. It is held that the appellants are
entitled for compensation for the acquired land at the rate of
Rs.65,000/- per hectare with all statutory benefits.
(ii) In view of orders passed today on C.A.F. No.2659/2016, the
appellants would not be entitled for interest on the amount of
enhanced compensation for the period from 09/10/1990 till
07/03/2017.
Appeal is allowed in aforesaid terms with no order as to costs.
Asmita JUDGE
