Bombay High Court
State Of Mah vs Sarichand Raysing Vanjari Thr ... on 17 January, 2018
Bench: M.S. Sonak
FA 828/05 & others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.828 of 2005
The Sub Divisional Officer,
Chalisgaon Division,Jalgaon. Appellant..
(Ori.Respondent)
Versus
Sarichand Raysing Vanjari-Dead,
Occupation : Farmer, R/o Dohari,
Taluka Jamner, District Jalgaon,
Through his Lrs.
1.Dagadu Sarichand (Vanjari) Tanwar,
Age : 50 years, Occupation :
Agriculture,
2.Santosh Sarichand Tanwar,
Age : 45 years, Occupatio n :
Agriculture,
3.Raghunath Sarichand Tanwar,
Age : 42 years, Occupation :
Agriculture,
4.Sau. Dwarkabai Popoat Pawar,
Age : 47 years, Occupation :
Household,
All R/o. Dohari, Taluka Jamner,
District Jalgaon.
..Respondents
(Ori.Claimants)
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FIRST APPEAL NO.829 of 2005
The Sub Divisional Officer,
Chalisgaon Division,Jalgaon. Appellant..
(Ori.Respondent)
Versus
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Pralhad Raysing Vanjari (Dead)
Age : 60 years, Occupation :
Farmer, R/o : Dohari,
Taluka:Jamner, District:Jalgaon.
Through his LR's.
1. Govardhan Pralhad Tanwar (Vanjari),
Age : 40 years, Occupation :
Agriculture,
2. Vishwanath Pralhad Tanwar (Vanjari)
Age 38 years, Occupation :
Agriculture,
3. Nirmalabai w/o Aappa Jadhav,
Age : 34 years, Occupation :
Household,
4. Navsabai w/o Pralhad Tanwar
(Vanjari), Age : 60 years,
Occupation : Hosuehold,
All R/o Dohari, Taluka :
Jamner, District : Jalgaon.
...Respondents..
(Ori.Claimants)
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FIRST APPEAL NO.830 of 2005
The Sub Divisional Officer,
Chalisgaon Division,Jalgaon. Appellant..
(Ori.Respondent)
Versus
Shri Mansukh Budha Vanjari,
Age - 30 years, Occupation :
Farmer, R/o Dohari Tanda,
Taluka : Jamner, District :
Jalgaon.
...Respondent..
(Ori.Claimant)
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FIRST APPEAL NO.831 of 2005
The Sub Divisional Officer,
Chalisgaon Division,Jalgaon. Appellant..
(Ori.Respondent)
Versus
Shri Kewalsing Dhanraj,
M/G Godawaribai Dhanraj,
Age : 45 years, Occupation :
Farmer, R/o Dohari,Taluka :
Jamner, District : Jalgaon.
...Respondent..
(Ori.Claimant)
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Shri K.N. Lokhande, AGP for appellant.
None present for respondents though served.
.....
CORAM: M.S. SONAK, J.
DATE: 17.01.2018
ORAL JUDGMENT :
1] Heard Mr.K.N. Lokhande, learned AGP for the
appellants. The respondents, though served, are neither
present nor represented.
2] Challenge in all these appeals is to the common
judgment and award dated 30.11.2004 in which the
Reference Court has enhanced the compensation in respect
of Pot Kharab lands from Rs.4500/- to Rs.7500/- per
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Hectare and for Jirayat lands from Rs.6,000/- to
Rs.16,000/- per Hectare.
3] Learned AGP submits that the only evidence
produced by the claimants was the sale deed of the year
1982 in respect of land situated in a different village.
Learned AGP submits that such sale deed would never have
been referred as a comparable instance and, therefore,
the impugned award is liable to be set aside.
4] On perusal of the records and proceedings, it is
clear that the Section 4 notification in these cases was
issued on 17.7.1986. The sale instance relied upon by
the Reference Court relates to the year 1982 and is in
respect of lands situated in the village Hiwarkhede,
which village is in fact adjacent to the village Dohari
in which the acquired lands were situated. In terms of
the sale instance, the rate in Hiwarkhede village was
Rs.30,000/- per Hectare. This was the rate in respect of
Jirayat lands.
5] The Reference Court from out of this rate has
deducted Rs.5,000/- per Hectare since the vendor was the
neighbouring land-holder and perhaps had special needs
for the land, which was the subject matter of 1982 sale
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deed. Further deduction from Rs.25,000/- per Hectare to
Rs.16,000/- per Hectare has been made because the sale
deed was in respect of the neighbouring village and not
the same village. This deduction atleast prima facie
appears to be on the higher side, more particularly
because the sale instance was of the year 1982 and the
Section 4 notification int his was of the year 1986. The
rate of Rs.25,000/- as determined by the Reference Court,
some escalation was due for the years 1982 to 1986. It
appears that such escalation has not been granted. In
these circumstances, there is absolutely no reason to
interfere with the determination of the rate of
Rs.16,000/- per Hectare in respect of Jirayat lands.
6] Jirayat lands are normally granted twice the
rate of Pot Kharab lands. On this basis, there was no
difficulty in awarding compensation of Rs.8,000/- in
respect of Pot Kharab lands. However, the Reference
Court has awarded only Rs.7,000/- per Hectare in respect
of Pot Kharab lands. Again there is no necessity to
interfere in such determination. The appeals are liable
to be dismissed and are hereby dismissed.
7] That apart, it is required to be noted that the
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enhanced rates in the present case are well within the
limits prescribed by the Government in its Government
resolution dated 3.11.2016. In terms of this Government
resolution where the enhanced amount is less than four
times ready reckoner rate prevalent on the date of
issuance of Section 4 notification, the Government or its
instrumentalities have resolved not to pursue such
appeals.
8] For the aforesaid reasons, these appeals are
dismissed. There shall be no order as to costs.
9] In view of above, civil applications filed in
these appeals do not survive and the same are also
disposed of as such.
(M.S. SONAK, J.)
ndk/c171186.doc
