State Of Mah Thr Dist Collector ... vs Popat Mohanrao Sirsat & Ors
2018 Latest Caselaw 669 Bom

                                    (1)                     942- FA 825 of 2005 & ors.



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                     942 FIRST APPEAL NO. 825 OF 2005

1.    The State of Maharashtra
      Through- Dist.Collector, Beed.

2.    The Executive Engineer,
      Minor Irrigation Local Sector,
      Beed.                                            ..Appellants
                               
                    VERSUS
1.    Popat Mohanrao Sirsat, age 38 years.
2.    Subhash Mohanrao Sirsat, age 36 years
3.    Balasaheb Mohanrao Sirsat, age 34 years
4.    Keshav Mohanrao Sirsat, age 31 years.

      All Occu.: Agriculturist, R/o.Manur,
      Taluka Patoda, Dist.Beed.              ..Respondents
                            ...
            AGP for Appellants : Mr.A.M.Phule
 Advocate for Respondent Nos.1 to 4 : Mr.S.S.Thombre 
                                       (absent)
                            ...
                           WITH 
               FA/826/2005 WITH FA/827/2005
                            ...

                                    CORAM :  M.S.SONAK, J.

DATE : 18th January, 2018

ORAL JUDGMENT:-

1) Heard Mr.A.M.Phule learned AGP for the appellants.

The respondents though served neither present nor

(2) 942- FA 825 of 2005 & ors.

represented.

2) Since, these three appeals arise out of acquisition

in pursuance of one and the same Section 4 Notification,

it is only appropriate that they are disposed of by a

common Judgment and Order.

3) In these matters, the Land Acquisition Officer

determined compensation in respect of the acquired land @

Rs.365/- per Are. The Reference Court has enhanced the

same to Rs.1,250/- per Are.

4) Perusal of the record as well as impugned Judgment

and Award indicate that the claimants had produced

several Sale-Deeds in respect of the lands from the very

same village and the rate as per the said Sale-Deeds

ranges from Rs.1,233/- per Are to Rs.2,000/- per Are. The

Reference Court by detail discussion in paragraph Nos.23,

25 and 26 in the impugned award has determined the

compensation @ Rs.1,250/- per Are. Reasons for such

(3) 942- FA 825 of 2005 & ors.

determination have been set out in the impugned Award and

there is no illegality in the same.

5) Apart from this, 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.

6) For the aforesaid reasons, these appeals are

dismissed.

7) Civil Applications if any, do not survive and are

disposed of.

[M.S.SONAK, J.] SPT/942- FA 825 of 2005 & ors.