State Of Maharashtra vs Pyarabai Vithalsing Rajput
2018 Latest Caselaw 664 Bom

                                         (1)                     943-FA 113 of 2013 & ors.



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                      943 FIRST APPEAL NO.113 OF 2003

.     The State of Maharashtra
      through Special Land Acquisition
      Officer, Aurangabad.                                ..Appellant

                                VERSUS

      Shaikhlal Nadram Rajput
      Deceased - L.R.s

I.    Shivsing Shaikhlal Chhanval
      Age: 45 years, Occu.: Agriculture

II. Bharsing Shaikhlal Chhanval
    Age: 42 years, Occu.: Agriculture

      Both R/o.Parsoda, Tq.Vaijapur,
      Dist.Aurangabad.                                    ..Respondents

                            ...
           AGP for Appellant : Mr.S.P.Deshmukh
Advocate for Respondent Nos.1 & 2 : Mr.A.B.Kale (absent)
                            ...
                           WITH 
   FA/116/2003 WITH FA/117/2003 WITH FA/123/2003 WITH
                       FA/124/2003
                            ...

                                         CORAM :  M.S.SONAK, J.

DATE : 18th January, 2018

(2) 943-FA 113 of 2013 & ors.

ORAL JUDGMENT-

1) Heard Mr.S.P.Deshmukh learned AGP for the appellant.

The respondents though served neither present nor

represented.

2) In all these appeals, which are arising out of one

and same Notification dated 24.7.1988, the Reference

Court has enhanced the compensation from Rs.70,000/- per

hectare to Rs.78,000/- per hectare for Bagayat land and

from Rs.35,000/- per hectare to Rs.39,000/- per hectare

for Jirayat land.

3) From the perusal of the record as well as the

impugned award now it is seen that the Reference Court

has discussed the reasoning which prompted it to arrive

at these rates. In particular, the Reference Court has

relied upon the Sale-Deed at Exh.36 dated 3.1.1984, which

is from the adjoining village. The Reference Court has

also made reference to the Special Land Acquisition

(3) 943-FA 113 of 2013 & ors.

Officer's award in which, the Special Land Acquisition

Officer has relied upon the sale instances from adjoining

villages in order to determine the rate of compensation.

On this basis, the Reference Court has concluded that

there can be no bar to taking into consideration the sale

instances from adjoining villages particularly because

sale instances from the same village are not available.

On this basis, the Reference Court has determined the

compensation in respect of Jirayat land @ Rs.39,000/- per

hectare. Since, some of the lands, which are subject

matter of these appeals, are Bagayat lands, the Reference

Court has rightly doubled the rate and determined the

compensation in respect of Bagayat lands @ Rs.78,000/-

per hectare. There is no real case made out to interfere

with the determination made by the Reference Court in the

impugned award.

4) Apart from this, the enhanced rate in the present

case is well within the limits prescribed in the

(4) 943-FA 113 of 2013 & ors.

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) For the aforesaid reasons, these appeals are liable

to be dismissed and hereby dismissed.

6)      There shall be no order as to costs.



7)      As   the   appeals   are   dismissed,   the   civil

applications, if any do not survive and are disposed of.

[M.S.SONAK, J.] SPT/943-FA 113 of 2013 & ors.