Bombay High Court
The State Of Mah vs Damu Dhana Patil on 18 January, 2018
Bench: M.S. Sonak
(1) 931 - FA 641 of 2005 & anr.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
931 FIRST APPEAL NO. 641 OF 2005
WITH CA/2234/2006 IN FA/641/2005 WITH X-OBJST/24772/2011
IN FA/641/2005
1. The State of Maharashtra
& the Spl. Land Acquisition
Officer, M.I.W.Jalgaon.
2. The Executive Engineer,
M.I.W. Works Div.Jalgaon,
Dist.Jalgaon. ..Appellants
VERSUS
. Prakash Damu Patil
Age: Major, Occu.: Agriculture,
R/o.Peth Nashirabad,
Tq.& Dist.Jalgaon. ..Respondent
...
AGP for Appellants : Mr.A.M.Phule
Advocate for Respondent : Mr.A.B.Kale (absent)
...
WITH
938 FIRST APPEAL NO. 644 OF 2005
WITH CA/2236/2006 IN FA/644/2005 WITH X-OBJST/24761/2011
IN FA/644/2005 WITH CA/743/2018 IN FA/644/2005
...
CORAM : M.S.SONAK, J.
DATE : 18th January, 2018
(2) 931 - FA 641 of 2005 & anr.
ORAL JUDGMENT:-
1) Heard Mr.A.M.Phule learned counsel for the
appellants. The respondents though served have neither
present nor represented. However, even in the absence of
the respondents, their Cross-Objections are proposed to
be taken into consideration.
2) This Court has disposed of First Appeal No.645 of
2005 dismissing the challenge to Judgment and Award dated
6.1.2005. Since, this Judgment and award was a common
Judgment and award for several Land Acquisition
References, accordingly, for the reasons set-out in the
Judgment dated 17.1.2018 in respect of First Appeal
No.645 of 2005, these appeals are also required to be
dismissed and are hereby dismissed.
3) Apart from this, in the present case, the enhanced
rate awarded by the Reference Court i.e. Rs.1,87,500/-
per hectare for Jirayat land is well within the limits
prescribed by the Government itself in its Government
(3) 931 - FA 641 of 2005 & anr.
Resolution dated 3.11.2016. In this case, the Land
Acquisition Officer awarded compensation @ Rs.80,000/-
per hectare.
4) The enhanced rate in the present case is well within
the limit prescribed in the Government Resolution dated
3.11.2016 as amended from time to time. This Government
Resolution relates to the policy of the State Government
that it shall not institute or pursue appeals where the
enhanced compensation is less than four times of the
Ready Reckoner Rate prevalent on the date of the issue of
Section 4 Notification.
5) So far as the Cross-Objections are concerned, the
respondents have not stated precise rate of enhancement.
However, it appears that the respondents seek rate of
Rs.2,25,000/- per hectare on the basis of sale instance
dated 10.11.1993. Upon perusal of the record, it is seen
that the sale instance was in respect of different area.
The Reference Court in this case has not appraised merely
(4) 931 - FA 641 of 2005 & anr.
the consideration reflected in the Sale-Deed but has
taken into consideration the Stamp Duty, the Registration
charges paid by the parties on the basis of the market
value. There are difference in the land referred in the
Sale-Deeds and acquired land. It is only after taking
into consideration all these factors, the Reference Court
has determined the compensation @ Rs.1,87,500/- per
hectare in respect of Jirayat land. There is
accordingly, no case is made out for allowing appeals or
Cross-Objections.
6) For the aforesaid reasons, Both the appeals and
Cross-Objections are dismissed.
7) There shall be no order as to costs.
8) As the appeals are dismissed, the civil
applications, pending if any, do not survive and they are
also disposed of.
[M.S.SONAK, J.]
SPT/931 - FA 641 of 2005 & anr.
