Bombay High Court
Mahadeo Haribhau Shinde vs The State Of Maharashtra And Ors on 5 October, 2017
Bench: K.L. Wadane
1 fa3868.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AURANGABAD
FIRST APPEAL NO. 3868 OF 2017
Mahadeo s/o Haribhau Shinde
age 52 yrs. Occ. Agril.
r/o Kedarwakadi, Tq. Mantha,
Dist. Jalna ... Appellant
Orig. Petitioner
VERSUS
1] The State of Maharashtra,
through Collector, Jalna,
2] The Special Land Acquisition Officer,
Minor Irrigation Works, Jalna,
3] The Executive Engineer,
Nimna Dudhana Project, Sailu,
Dist. Parbhani ... Respondents
WITH
FIRST APPEAL NO. 3869 OF 2017
Sakhubai w/o Tukaram Shinde,
age 52 years, occ. Agril.,
R/o Kedarwakdi, Tq.Mantha,
District Jalna. ... Appellant
Orig. Petitioner
VERSUS
1] The State of Maharashtra,
through Collector, Jalna,
District Jalna,
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2] The Special Land Acquisition Officer,
Minor Irrigation Works, Jalna,
3] The Executive Engineer,
Nimna Dudhana Project, Sailu,
Dist. Parbhani ... Respondents
FIRST APPEAL NO. 3285 OF 2017
Balasaheb s/o Tulshiram Late
(died L.Rs.)
1] Sarubai w/o Babasaheb Late,
age major, occ. Agril.,
r/o Kedarwakadi, Tq.Mantha,
Dist. Jalna,
2] Sudhakar s/o Babasaheb Late,
age major, occ. Agril.,
r/o as above,
3] Kamlakar s/o Babasaheb Late,
age major, occ. Agril.,
r/o as above ... Appellants
Orig. Petitioners
VERSUS
1] The State of Maharashtra,
through Collector, Jalna,
District Jalna,
2] The Special Land Acquisition Officer,
Minor Irrigation Works, Jalna,
3] The Executive Engineer,
Nimna Dudhana Project, Sailu,
Dist. Parbhani ... Respondents
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3 fa3868.17
FIRST APPEAL NO. 3287 OF 2017
Sheshrao s/o Thavra Rathod,
age 42 years, occ. Agril.,
r/o Kedarwakadi, Tq.Mantha,
Dist. Jalna, ... Appellant
Orig. Petitioner
VERSUS
1] The State of Maharashtra,
through Collector, Jalna,
District Jalna,
2] The Special Land Acquisition Officer,
Minor Irrigation Works, Jalna,
3] The Executive Engineer,
Nimna Dudhana Project, Sailu,
Dist. Parbhani ... Respondents
FIRST APPEAL NO. 3288 OF 2017
Kundlik s/o Ashroba Kavhale,
age 43 years, occ. Agril.,
r/o Kedarwakadi, Tq.Mantha,
Dist. Jalna, ... Appellants
Orig. Petitioners
VERSUS
1] The State of Maharashtra,
through Collector, Jalna,
District Jalna,
2] The Special Land Acquisition Officer,
Minor Irrigation Works, Jalna,
3] The Executive Engineer,
Nimna Dudhana Project, Sailu,
Dist. Parbhani ... Respondents
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4 fa3868.17
.....
Mr. Kailas B. Jadhav, advocate for the appellants
Mr. A.M.Phule, Mr. B.A.Shinde, Mr. S.S.Dande
A.G.P. for respondent nos. 1 and 2
Mr.S.G.Bhalerao, Mr. S.C.Arora, advocate for
respondent no.3
.....
CORAM : K.L.WADANE, J.
Reserved On : 26.09.2017
Pronouncement on : 05.10.2017
J U D G M E N T :
Heard Mr. K.B.Jadhav, learned counsel
appearing on behalf of the appellants in all
Appeals.
2. First Appeal Nos. 3868 and 3869 of 2017
have been already admitted by this Court on
9.8.2017 and are pending.
There are connected First Appeal Nos.
3285, 3287 and 3288 of 2017. Admit.
Mr. A.M.Phule, Mr. B.A.Shinde and
S.S.Dande learned A.G.P. for respondent nos. 1 and
2 and Mr. S.C.Bora, learned counsel for respondent
no.3 waive service of notice on admission in above
appeals.
5 fa3868.17
3. With the consent of learned counsel for
the parties, the appeals are taken up for final
hearing.
The parties are referred by their original
status.
4. The present appeals are filed by the
appellants for enhancement of compensation awarded
to them by the learned District Judge-2, Jalna by
judgment and award, passed in Land Acquisition
Reference Nos. 41 of 2001 and No. 202 of 2002 on
22.8.2008, and in Land Acquisition Reference Nos.
23 of 2001, 338 of 2002 and No. 38 of 2001 on
25.7.2008. Lands of the appellants in all the
appeals were acquired for Nimna Dudhana Project
from the village Kedarwakadi, Taluka Mantha,
District Jalna.
5. The appellants in First Appeal Nos. 3868
and 3869 of 2017 claimed that their lands acquired
for the said project were of irrigated, non-
irrigated with fruit bearing trees. In First
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Appeal Nos. 3285, 3287 and 3288 of 2017, the
appellants claimed that their lands acquired for
the said project were of non-irrigated/Jirayat
lands. Therefore, the claim of the appellants is
to be determined as per their categorization of
the acquired lands.
6. The evidence in support of claim of the
claimants/appellants is considered in Land
Acquisition Reference No. 181 of 2001 as the basis
for deciding other Land Acquisition References.
Hence, the said evidence is adopted for decision
of these appeals.
7. It was the case of the appellants before
the Special Land Acquisition Officer that Lands
owned by the appellant situated at village
Kedarwakadi, Taluka Mantha, District Jalna are
irrigated, non-irrigated with fruit bearing trees
in First Appeal Nos. 3868 and 3869 of 2017 and
non-irrigated/Jirayat in First Appeal Nos. 3285,
3287 and 3288 of 2017. As aforesaid, lands were
7 fa3868.17
acquired by the respondents for Nimna Dudhana
Project. Notification under Section 4(1) of the
Land Acquisition Act, 1894 (for short, 'the Act')
was published in the Maharashtra Government
Gazette on 13.5.1995. Notice under Section 12(1)
of the Act was issued on or about 2.6.1999. The
possession of the acquired lands and other
structures and trees were taken on different dates
as per the documents produced on record and
payment of compensation was made on or about
2.6.1999, which was accepted by the petitioner
under protest.
8. The Special Land Acquisition Officer has
awarded total compensation for the lands acquired
of the respective appellants at the rate of
Rs.1,800/- per Are in First Appeal Nos. 3868 and
3869 of 2017 and Rs.1,200/- per Are in First
Appeal Nos. 3285, 3287 and 3288 of 2017 and for
Potkharab land at the rate of Rs.600/- per Are as
follows : -
8 fa3868.17
In Land acquisition Reference No. 41 of
2001 for land 1 Hectare 06 Are from Gut No. 43/1C,
the claimants claimed compensation before the
Special Land Acquisition Officer Rs. 2,07,112/-
and the Special Land Acquisition Officer has
awarded total compensation of Rs. 1,10,888/-.
In Land acquisition Reference No. 202 of
2000 for land 0.35 Hectare from Gut No. 43/2A, the
claimants claimed compensation before the Special
Land Acquisition Officer Rs. 1,10,567/- and the
Special Land Acquisition Officer has awarded total
compensation of Rs. 38,903/-.
In Land acquisition Reference No. 23 of
2001 for land 0.82 Hectare from Gut No. 7/4, the
claimants claimed compensation before the Special
Land Acquisition Officer Rs. 82,935/- and the
Special Land Acquisition Officer has awarded total
compensation of Rs. 53,792/-.
In Land acquisition Reference No. 338 of
2002 for land 1.24 Hectare from Gut No. 22/4B, the
claimants claimed compensation before the Special
Land Acquisition Officer Rs. 1,50,000/- and the
9 fa3868.17
Special Land Acquisition Officer has awarded total
compensation of Rs. 82,366/- including for
Potkharab land 0.02 Hectare.
In Land acquisition Reference No. 38 of
2001 for land 4.43 Hectare from Gut No. 10/1, the
claimants claimed compensation before the Special
Land Acquisition Officer Rs. 4,07,667/- and the
Special Land Acquisition Officer has awarded total
compensation of Rs. 3,01,883/- including potkharab
land of 0.10 hectare.
9. Being aggrieved by the amount of
compensation awarded by the Special Land
Acquisition Officer, the appellants preferred
Applications under Section 18 of the Act to the
Collector, Jalna, who forwarded it for
adjudication to the District Judge, Jalna. Before
Reference Court, the appellants claimed
compensation at the rate of Rs.2,00,000/- per
hectare for non-irrigated land, Rs.3,00,000/- for
seasonally irrigated land and Rs.4,00,000/- for
perennially irrigated land including consequential
10 fa3868.17
benefits such as solatium, component and interest
as provided under the Act. The claimants also
claimed additional compensation for trees and well
in their acquired lands.
10. Common grounds raised by the appellants
before the Reference Court were that the the
Special Land Acquisition Officer has not
considered the quality of land, fertility and
advantageous situation. No legal inquiries were
made. The appellants claim that the Special Land
Acquisition Officer has not considered the income
of the lands. The respondents have totally ignored
the factors required to be considered while
determining the compensation as provided under
Section 23 of the Act. The method compared and
adopted of the ready recknor is unsuitable for
awarding just compensation to the petitioners.
The sale instances considered by the Special Land
Acquisition Officer did not reflect correct and
proper market value of the acquired lands.
11 fa3868.17
11. Petitioners have also submitted that
village Kedarwakadi is connected to Bageshwari
Sahakari Sakhar Karkhana. The lands acquired of
the petitioners were fertile lands. The Special
Land Acquisition Officer ought to have awarded
compensation at the rate of Rs.25,000/- to
Rs.30,000/- per Are. Thus, the petitioners have
prayed to grant enhanced compensation for their
lands acquired.
12. The State/respondents resisted the claim
contending that the enhancement in compensation
claimed by the petitioners is exorbitant and
liable to be rejected. The Special Land
Acquisition Officer has properly considered the
situation of lands under acquisition and assessed
the market price for determining the compensation
by considering the other factors on the date of
Section 4 notification. The Special Land
Acquisition Officer has classified the lands on
the basis of its quality of soil assessment and
other factors. The Special Land Acquisition
12 fa3868.17
Officer has also considered the genuine sale
instances. The award passed by the Special Land
Acquisition Officer is based upon sound and cogent
reasons. The amount of compensation awarded is
adequate and hence, the respondents contended that
the petitioners are not entitled for enhanced
amount of compensation. Thus, the respondents have
prayed that the Applications deserve to be
dismissed.
13. Reference Court has observed in the
judgment that the petitioners have not produced
and proved the valuation report in support of
their claim for fruit bearing trees. No expert
opinion as mentioned in the petition as regards
additional compensation for well is produced on
record. Hence, no separate amount of compensation
is granted by the Reference Court in respect of
well and trees.
14. Considering the oral and documentary
evidence produced on record, the Reference Court
13 fa3868.17
held that the compensation awarded by the Special
Land Acquisition Officer is inadequate, and
therefore, the petitioners in First Appeal Nos.
3868 and 3869 of 2017 are entitled for enhanced
compensation at the rate of Rs.1,800/- per Are for
their irrigated/non-irigated lands with fruit
bearing trees and in First Appeal Nos. 3285, 3287
and 3288 of 2017 the petitioners are entitled for
compensation at the rate of Rs.1,200/- per Are for
their non-irrigated/Jirayat lands, with other
benefits considering the crop inspection column of
7/12 extracts. Reference Court granted the amount
of compensation as below : -
__________________________________________________
LAR No Gut No. Area Ref. Court SLAO Diff.
H. Are awarded awarded
41/01 43/1C 1.06 190800 110888 79912
202/00 43/2A 0.35 63000 38903 24097
23/01 7/4 0.82 98400 53792 44608
338/02 22/4B 1.24 148000 82336 67634
38/01 10/1 4.43 531600 301683 235767
14 fa3868.17
15. The present appeals are filed by the
claimants seeking enhancement in the amount of
compensation awarded by the Reference Court.
16. I have heard the arguments of both the
learned counsel for the parties and perused the
oral and documentary evidence produced on record.
17. Learned counsel for the appellants
contended that the award under challenge is
erroneous and is passed without proper
appreciation of evidence on record. The amount of
compensation awarded by the Reference Court is
very meagre, insufficient, inadequate looking to
the quality of lands, fertility and advantages
situation. The Reference Court ought to have
enhanced the compensation properly for the
acquired lands.
18. Learned counsel for the appellants
produced on record the judgment delivered by this
Court in First Appeal No. 2649 of 2017 along with
15 fa3868.17
group of appeals, decided on 31.8.2017 arising out
of the Land Acquisition References in respect of
the lands acquired from village Kedarwakdi, Taluka
Mantha, District Jalna for Nimna Dudhana Project.
19. I have gone through the said judgment.
This Court held that appellants in those appeals
are entitled for compensation for the acquired
lands at the rate of Rs.1,500/- per Are for non-
irrigated lands, Rs./2250/- per Are for semi-
irrigated lands and Rs.3,000/- per Are for
perennially irrigated lands along with the
statutory benefits and interest on the enhanced
amount of compensation as per provisions of the
Act in respect of the lands acquired from village
Kedarwakdi, Taluka Mantha, District Jalna for
Nimna Dudhana Project. As stated above in First
Appeal Nos. 3868 and 3869 of 2017 the lands of
appellants are irrigated/non-irigated lands with
fruit bearing trees and in First Appeal Nos. 3285,
3287 and 3288 of 2017 the lands of appellants are
non-irrigated/Jirayat lands. Therefore, the
16 fa3868.17
appellants in First Appeal Nos. 3868 and 3869 of
2017 are entitled for enhanced compensation for
their acquired lands at the rate of Rs.2,250/- per
Are and in First Appeal Nos. 3285, 3287 and 3288
of 2017 the appellants are entitled for enhanced
compensation for their acquired lands at the rate
of Rs.1,500/- per Are.
20. In the result, I pass following order.
(i) Appeals are partly allowed.
(ii) The market value of the lands
involved in the present appeals shall be
determined as per their categorization.
The appellants in First Appeal Nos.
3868 and 3869 of 2017 are entitled for
enhanced compensation for their
acquired lands at the rate of
Rs.2,250/- per Are and in First Appeal
Nos. 3285, 3287 and 3288 of 2017 the
appellants are entitled for enhanced
compensation for their acquired lands
at the rate of Rs.1,500/- per Are.
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(iii) The appellants are held entitled
to the statutory benefits and interest on
the enhanced amount of compensation in
accordance with the provisions of the Act.
Interest under Section 34 of the Act shall
be paid from the date of Award under
Section 11 of the Act even on the amount
of compensation awarded by the Reference
Court.
(K.L.WADANE, J.)
dbm
