Executive Engineer, Waghoor ... vs Narayan Sonu Barkale Thr Special ...
2018 Latest Caselaw 103 Bom

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                                                                  fa3111.15.odt

           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                 FIRST APPEAL NO. 3111 OF 2015
                                
 Executive Engineer
 Waghoor Project Division,
 Jalgaon                                                        Appellant

          Versus

 1.       Narayan Sonu Barkale
          through Special Power of Attorney
          Prakash Bhikari Barkale
          age  major, occ. agri.
          r/o Khadgaon, Tq. Jamner
          Dist. Jalgaon

 2.       The Special Land Acquisition Officer
          Uppar Tapi Project
          Harnoor. No. 1 Jalgaon.                       Respondents
                                              Respondents

 Mrs. C.R. Kutti, advocate for appellant.
 Mr. S.P. Deshmukh, AGP for respondent no. 2.
 Mr. V.D. Gunale, advocate for respondent no. 1.


                                WITH
                 CROSS OBJECTION ST. NO. 20282 OF 2017
                                  IN
                     FIRST APPEAL NO. 3111 OF 2015

  
 Narayan Sonu Barkale
 through Special Power of Attorney
 Prakash Bhikari Barkale
 age  major, occ. agri.
 r/o Khadgaon, Tq. Jamner
 Dist. Jalgaon                                         Appellant


 Versus




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 1.       The State of Maharashtra
          Through the Collector, Jalgaon

 2.       The Special Land Acquisition Officer
          U.T.P.H. (2), Jalgaon

 3.       The Executive Engineer
          Waghur Project Division,
          Jalgaon.                                     Respondents

 Mr. V.D. Gunale, advocate for appellant.
 Mr. S.P. Deshmukh, AGP for respondents 1 and 2.
 Mrs. C.R. Kutti, advocate for respondent no. 3.



                                    WITH
                         FIRST APPEAL NO. 3112 OF 2015

 Executive Engineer
 Waghoor Project Divison,
 Jalgaon                                                        Appellant 

 Versus

 1.       Girdhar Tryambak Chinchole
          Deceased through Lrs
          Kadu Girdhar chinchole (Patil)
          age 63 years, occ. agril
          r/o Bodwad, Tq. Bodwad
          Dist. Jalgaon

 2.       The Special Land Acquisition Officer
          Uppar Tapi Project, 
          Harnoor No. 1, Jalgaon                                Respondents

 Mrs. C.R. Kutti, advocate for appellant.
 Mr. A.M. Phule, AGP for respondent no. 2.
 Mr. V.D. Gunale, advocate for respondent no. 1.




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                                                                         fa3111.15.odt

                                WITH
                 CROSS OBJECTION ST. NO. 24017  OF 2017
                                  IN
                     FIRST APPEAL NO. 3112 OF 2015

 Girdhar Tryambak Chinchole
 Deceased through Lrs
 Kadu Girdhar chinchole (Patil)
 age 63 years, occ. agril
 r/o Bodwad, Tq. Bodwad
 Dist. Jalgaon 
                                                                       Appellant 

 Versus

 1.       The State of Maharashtra
          Through the Collector, Jalgaon

 2.       The Special Land Acquisition Officer
          U.T.P.H. (2), Jalgaon

 3.       The Executive Engineer
          Waghur Project Division,
          Jalgaon                                                      Respondents

 Mr. V.D. Gunale, advocate for appellant.
 Mr. A.M. Phule, AGP for respondent no. 1.
 Mrs. C.R. Kutti, advocate for respondent no. 3.

                                       CORAM : M.S. SONAK, J.
                                      DATE     : 5th JANUARY, 2018


 JUDGMENT :

1. With the consent of learned counsel for the parties, the appeals are taken up for final disposal.

2. There is no dispute that the acquired lands which are subject matter of these appeals are situate in village Khadgaon, Tq.

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Jamner, Dist. Jalgaon. There is also no dispute that the acquired lands are Jirayat lands and the reference Court has awarded compensation at the rate of Rs. 1,80,000/- per Hectare.

3. Learned counsel for the parties fairly point out that these appeals will stand covered by order passed on 05.01.2009 by Division Bench of this court in the matter of Special Land Acquisition Officer (III) Jalgaon and another Vs. Bhagwat Vitthal Sonawane reported in 2009(4) Mh.L.J. 308.

4. In addition, reference can usefully be made to the Government Resolution issued by the State Government on 3rd November 2016 as corrected from time to time by subsequent Government Resolutions. In terms of these Government Resolutions, the State Government has taken a policy decision not to institute appeals where compensation awarded by the reference Court is less than four times ready reckoner rate prevalent at the time of issuance of section 4 notification, insofar as, lands situated in the rural areas are concerned. In this case, it appears that the compensation awarded by the reference Court was well within the limits prescribed in the Government Resolution. This is an additional reason to dispose of the appeals.

5. Accordingly, appeals filed by the acquiring body stand dismissed and the cross objections filed by claimants are allowed with by directing that they shall be entitled to compensation of Rs.3,00,000/- per Hectare in respect of Jirayat lands instead of Rs.1,80,000/- per Hectare which has been awarded by the reference Court. Except these modifications and consequential

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benefits arising therefrom, rest of the award remains undisturbed.

6. Appeals and the cross objections are disposed of in aforesaid terms.

( M.S. SONAK, J. )

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