Bombay High Court
Mah.Industrial ... vs Tukaram S/O.Bakaram Pillare & 4 ... on 4 January, 2018
Bench: Manish Pitale
1 212Jud.FA 42.05.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
First Appeal No. 42/2005
APPELLANT:- Maharashtra Industrial Development
Corporation, through its Chief
Executive Officer, having it's Regional
Office at Amravati Industrial Estate by-
pass road, Amravati.
VERSUS
RESPONDENTS:- 1. Tukaram S/o Bakaram Pillare,
aged about 65 yrs., Occ. Agriculturist,
2. Maroti S/o Kisan Pillare,
aged about 57 yrs., Occ. Agriculturist,
(dead) through legal heirs,
(amendment as per Court's order
dated 30.01.2017.):-
2a. Smt. Yashoda Wd/o Maroti Pillare,
aged about 65 yrs., Occ. Nil, R/o.
Wanjari Fail, Yavatmal,
2b. Tara Mahadeo Talmale
aged about 49 yrs., Arni, Dist. Wardha.
(dead) through legal heirs,
(amendment carried out as per
Courts order dated 18.09.2017.):-
2-b-i. Nitin S/o Mahadeo Talmale,
Aged about 24 yrs., Occ. Labourere,
2-b-ii. Ku. Vipra d/o Mahadeo Talmale,
aged about 26 yrs., Occ. Service,
Both R/o. Arni, Taluka Arni, Dist.
Yavatmal.
2c. Moreshwar Maroti Pillare,
aged about 42 yrs., Occ. Auto Driver,
R/o. Wanjari Fail, Yavatmal.
2d. Digamber Maroti Pillare,
aged about 37 yrs., Occ. Labour,
R/o. Wanjari Fail, Yavatmal.
2e. Madhuri Wd/o Dhanraj Pillare,
aged about 38 yrs., Occ. Household,
R/o. Wanjari Fail, Yavatmal.
2f. Gaurav S/o Dhanraj Pillare, Minor.
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2g. Saurabh S/o Dhanraj Pillare, Minor.
Applicant Nos. (2f) & (2g), Minor,
through their natural guardian mother,
Madhuri Wd/o Dhanraj Pillare.
3a. Kishan Sitaram Raut,
aged about 51 yrs., R/o. Vanjari Foil,
Yavatmal.
(amended as per Court's order
dated 24.03.2008.)
3b. Dnyaneshwar Sitaram Raut,
aged about 45 yrs.,
R/o. Vanjari Foil, Yavatmal,
(amended as per Court's order
dated 24.03.2008.)
All 1 to 3 are R/o. Yavatmal Tahsil &
District Yavatmal.
4. State of Maharashtra,
through Collector, Yeotmal.
5. Special Land Acquisition Officer,
Sub-divisional Officer, Pusad.
Shri M. M. Agnihotri, Advocate with Shri Sharad Thakare, Advocate for appellant.
Mrs. P. Choudhary, Advocate for respondent Nos. 2a to 2g.
Mrs. M. H. Deshmukh, AGP for respondent Nos. 4 and 5.
___________________________________________________________________________
CORAM : MANISH PITALE
, J.
DATE : 04.01.2018.
Oral Judgment :-
Mr. M. M. Agnihotri, learned counsel appearing for the
appellant states that the instant appeal is covered by the common
judgment and order dated 02.04.2016 passed by this Court in First
Appeal No. 650/2002 and connected appeals. It is stated that the said
common judgment and order was concerned with the acquisition of
lands from villages Madkona and Bhari in District Yavatmal and further
that the notification issued by the appellant for acquisition of lands was
also the same which is subject matter of the present appeal. The lands
3 212Jud.FA 42.05.odt
concerned in the present appeal are from the village of Madkona. The
learned counsels appearing for the respondents do not dispute the
statement.
2. Therefore, the instant appeal is disposed of in terms of the
aforesaid common judgment and order, the operative portion of which
reads as follows:-
"28 Keeping in view all the aforesaid aspects of the
matter, all these appeals and cross-objections except one, i.e.
Stamp No. 3122/2003, are partly allowed and the following
order is passed:-
(i) The claimants in all these lands which are the
subject- matter of the appeals and the cross-objections before
this Court shall be entitled to compensation at the rate of
Rs. 1,17,000/- per hectare for the land acquired, and the
order of the Reference Court passed in all these matters
either granting compensation lesser than this rate or higher
than this rate, is hereby quashed and set aside.
(ii) The claimant shall be entitled all the statutory
benefits flowing from grant of the aforesaid market rate for
the land acquired to be calculated in accordance with law.
(iii) In view of the fact that all the claimants before
this court in cross-appeals or cross-objections are held
entitled to compensation at the same rate, this Court can
exercise of its power under Section 151 of the Code of Civil
Procedure to pass an order for payment of compensation at
the same rate to the persons/claimants, who have not
4 212Jud.FA 42.05.odt
preferred any cross-objection, in the appeals filed by the
acquiring body, claiming enhancement of compensation on
the lines of principles incorporated under Section 28-A of
the Land Acquisition Act.
(iv) All the claimants in the appeals preferred by
MIDC who are similarly situated shall be entitled to the
compensation at the rate of Rs. 1,17,000/- per hectare
irrespective of the fact that they have not filed cross-appeal
or cross-objection. However, this shall be subject to
payment of additional Court fee on the amount of the
enhanced compensation.
(v) The acquiring body and the Land Acquisition
Officer shall accordingly workout the exact amount of
compensation and other statutory benefits. The claimants,
who have not preferred cross-objection or cross-appeal shall
however, not be entitled to any interest on the enhanced
amount of compensation from the date of the judgment of
the Reference Court till this date.
(vi) It is informed by the learned counsel appearing
fort the parties in all the cases the acquiring body has
deposited the amount of compensation as per the order
passed by the Reference Court. In some of the matter the
amount has been withdrawn upon furnishing solvent
security/surety.
(vii) In view of above, the acquiring body and the
Land Acquisition Officer shall calculate the amount payable
under this judgment to all the claimants, and if it is found
that the amount withdrawn is much more than what the
claimants were entitled, then such claimant shall pay such
5 212Jud.FA 42.05.odt
excess amount to the acquiring body within a period of one
month from the date of communication from the acquiring
body; failing which the acquiring body shall be at liberty to
proceed to realize such amount on the basis of the solvent
security/surety furnished by such claimant.
(viii) Upon calculation, if it is found that the amount
is due and payable to any claimant in addition to already
been paid or withdrawn by them then such additional
amount shall be paid within a period of four months from
the date of such determination.
(ix) The claimants who have not filed cross-appeals
or cross-objection, shall be permitted to withdraw the
amount with interest accrued lying in this Court in the
appeals preferred by the acquiring body only upon payment
of requisite court fees.
(x) Rest of the amount, if any, is left in deposit with
this Court shall be permitted to be withdrawn by the
acquiring body i.e. MIDC along with the entire interest
accrued, if any, thereon."
Consequently, the instant appeal is disposed of in above
terms.
JUDGE
Gohane
