Bombay High Court
Vyankatrao vs State Of Mah on 18 January, 2018
Bench: Manish Pitale
1 202 Jud.FA 270.95.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
First Appeal No. 270/1995
Appellants(Ori. Pet. On R.A.):-
1. Vyankatrao S/o Khushalrao
Deshmukh, aged about 59 years,
Occ. Cultivator, R/o. Isapur, Tq.
Disgra, Dist. Yavatmal (since dead,
his legal heirs brought on record
as per order dated 07.09.2017)
throurgh legal heirs:-
i. Smt. Sandya W/o Prakashrao
Deshmukh, aged about 63 yrs., Occ.
Household, R/o. At Parsoda, Post.
Mahalungi, Dist. Yavatmal,
Maharashtra.
ii. Smt. Jayashri wd/do Gopalrao
Deshmukh, aged about 61 yrs., Occ.
Household, R/o. Amarshakti Bagh,
Shrirampur, Tal. Pusad, Dist.
Yavatmal, Maharashtra.
iii. Smt. Pushpa wd/o Shankarrao
Deshmukh, aged about 59 yrs., Occ.
Household, R/o Laxmi Nagar, Old
Devurwada Road, at Post, Tal.
Digras, Dist. Yavatmal,
Maharashtra.
iv. Smt. Anita W/o Kiranrao Sarnaik,
aged about 57 yrs., Occ. Household,
R/o. Civil Lines, near Old Court
Building, at post Tal. & Dist.
Washim, Maharashtra.
v. Smt. Sunita w/o Narayanrao
Deshmukh, aged about 54 yrs., Occ.
Household, R/o. At Parsoda, Post
Mahalungi, Tal. Arni, Dist.
Yavatmal, Maharashtra.
vi. Smt. Lalita w/o Dattatraya
::: Uploaded on - 19/01/2018 ::: Downloaded on - 21/01/2018 01:50:47 :::
2 202 Jud.FA 270.95.odt
Deshmukh, aged about 51 yrs., Occ.
Household, R/o. At Isapur, Post,
Tal. Digras, Dist. Yavatmal,
Maharashtra.
vii. Smt. Mangala w/o. Rajendra
Gawande, aged about 46 yrs., Occ.
Household, R/o. Gajanan Peth,
State Bank of Colony No. 2, Akola,
Maharashtra.
viii. Smt. Bhagyashri w/o Hanvantrao
Deshmukh, aged about 43 yrs., Occ.
Household, R/o. Civil Lines, at Post,
Tal. Washim, Dist. Washim,
Maharashtra.
All the above appellants are
represented through their duly
constituted power of attorney
holder Shri Shyam S/o Shankarrao
Deshmukh, aged about 31 yrs., Occ.
Agriculturist, R/o. Laxmi Nagar, Old
Devurwada Road, Digras, At post,
Tal. Digras, Dist. Yavatmal,
Maharashtra.
VERSUS
Respondents(Ori. Resp. on R.A.):-
1. The State of Maharashtra through
the Secretary, Revenue & Forest
Department, Mantralaya, Bombay.
2. The Collector, Yavatmal.
3. The Special Land Acquisition
Officer, Benefited Zone, Yavatmal.
4. The Executive Engineer, Arunavati
Project, Digras, Tq. Digras, Dist.
Yavatmal.
::: Uploaded on - 19/01/2018 ::: Downloaded on - 21/01/2018 01:50:47 :::
3 202 Jud.FA 270.95.odt
Shri A. P. Deshmukh, Advocate for appellants.
Ms. M. Deshmukh, AGP for respondent Nos. 1 to 3.
Shri M. A. Kadu, Advocate for respondent No.4
CORAM : MANISH PITALE
, J.
DATE : 18.01.2018.
Oral Judgment :-
By this appeal, the appellants/claimants have challenged
the judgment and order dated 21.01.1995 passed by the Civil Judge,
Senior Division, Pusad (herein after referred to as "Reference Court")
in LAC No. 432/1992, whereby, while partly allowing the reference
application of the appellants, enhanced compensation has been granted
at the rate of Rs. 55,000/- per hectare while the appellant had claimed
compensation at the rate of Rs. 1,00,000/- per hectare.
2. The land belonging to the appellants located at Gat No. 58
of village Chincholi, Taluka Digras, District Yavatmal admeasuring 5
Hectare 14 Are, was acquired for which Notification under Section 4 of
the Land Acquisition Act, 1894, was issued on 06.02.1986 and the
award was passed by the Land Acquisition Officer on 04.03.1989. The
appellants were granted compensation at the rate of Rs. 14,000/- per
hectare under the award. Aggrieved by the same, the predecessor of
the appellant had preferred reference application under Section 18 of
the said Act, which was decided by the impugned judgment and award
4 202 Jud.FA 270.95.odt
passed by the Reference Court. The compensation payable to the
appellants for acquisition on their lands was enhanced by the Reference
Court to Rs. 55,000/- per hectare. The appellants have filed this appeal
seeking further enhancement of compensation.
3. During the pendency of this appeal, on 31.10.2014, this
Court has passed judgment and order in First Appeal No. 204/1999
concerning the acquisition of land from the same village, pursuant to
the same Notification dated 06.02.1986 issued under Section 4 of the
said Act. In the said judgment, it has been held by this Court that the
claimants are entitled to enhanced compensation at the rate of Rs.
1,00,000/- per hectare. Therefore, applying the principle of parity, the
appellants herein are also entitled for enhancement of compensation.
Accordingly, this appeal is allowed and it is held that the appellants
shall be paid compensation at the rate of Rs. 1,00,000/- per hectare
along with statutory benefits, except interest on the enhanced
compensation for the period between 31.01.2007 to 07.09.2017, in
terms of order of this Hon'ble Court dated 07.09.2017, when the appeal
was restored as it had been earlier dismissed-in-default for non-filing of
private paper book.
4. The appeal is allowed in above terms with no order as to
costs.
5 202 Jud.FA 270.95.odt
5. Needless to say, the additional court fees shall be deposited
in proportion to the amount of enhanced compensation.
JUDGE
Gohane
