Bombay High Court
State Of Maha vs Dagdu Tatyaba Khose on 28 April, 2021
Bench: Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 1386 OF 2003
The State of Maharashtra
Through the Collector, Osmanabad .. Appellant
(Original Respondent)
Versus
Gokul s/o. Tatyaba Khose,
Age 44 years, Occu. Service and Agriculture,
R/o. Lanjeshwar, Taluka Bhoom
District Osmanabad. .. Respondent
(Original claimant)
...
Mr. B. V. Virdhe, AGP for Appellant
...
AND
FIRST APPEAL NO. 1390 OF 2003
The State of Maharashtra
Through the Collector, Osmanabad .. Appellant
(Original Respondent)
Versus
Sahaji s/o. Dhondaba Khose,
Age 30 years, Occu. Service and Agriculture,
R/o. Lanjeshwar, Taluka Bhoom
District Osmanabad. .. Respondent
(Original claimant)
...
Mr. B. V. Virdhe, AGP for Appellant
...
AND
FIRST APPEAL NO. 1392 OF 2003
The State of Maharashtra
Through the Collector, Osmanabad .. Appellant
(Original Respondent)
Versus
Dagdu s/o. Tatyaba Khose,
Age 54 years, Occu. Service and Agriculture,
R/o. Lanjeshwar, Taluka Bhoom
District Osmanabad. .. Respondent
(Original claimant)
...
Mr. B. V. Virdhe, AGP for Appellant
...
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CORAM : ANIL S. KILOR, J.
DATE : 28th APRIL, 2021
ORAL JUDGMENT :-
The present appeals are arising out of the Judgment and
Award, dated 09-08-2002 passed in Land Acquisition References No. 343,
344 and 346 of 1997, passed by the learned Joint Civil Judge, Senior
Division, Osmanabad, enhancing the amount of compensation from
Rs.400/- per R to Rs.1000/- per R and also granting enhanced
compensation towards trees from Rs.500/- per tree to Rs.700/- per tree.
2. The lands-in-question are situated within the vicinity of village
Lanjeshwar, Taluka Bhoom, District Osmanabad, which are acquired for the
purpose of Dokewadi Medium Project. The award was passed on
28-02-1996 and feeling dis-satisfied with the amount of compensation
granted by Special Land Acquisition Officer, the References were made
under Section 18 of the Land Acquisition Act, 1894 (L.A.Act), in which, the
amount has been enhanced and the said Judgment and Award is under
challenge in these appeals.
3. I have heard the learned AGP for the appellant-State of
Maharashtra. None present for the respondent-claimants.
4. The only ground challenging the impugned Judgment and
Award is that, according to learned AGP, the amount granted by the learned
Reference Court is exorbitant. He, further, points out that the interest
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under Section 28 of the L.A. Act ought to have been granted from the date
of Award and not from the date of notification under Section 4 of the L. A.
Act, as per well settled principle of law laid down in the Judgment of the
Full Bench of this Court in a case of State of Maharashtra Versus Kailash
Shiva Rangari1. He, therefore, submits that the impugned Judgment and
Award needs modification to that extent.
5. To consider the contentions of learned AGP, I have gone
through the record and proceedings and also the impugned Judgment and
Award.
6. After going through the Judgment and Award, it is reveled
that the learned Reference Court has scrutinized the oral as well as
documentary evidence available on record in detail, while determining the
market value and also considered the relevant factors to be taken into
consideration as per the well settled principles of law, while arriving at a
just and fair compensation.
7. Learned Reference Court more particularly in paragraph
No. 18 and 19 considered the evidence as regards the market value of the
land and trees, nothing has been brought on record by the appellant in this
matter to show contrary to the same or to show perversity in the findings
recorded by the learned Reference Court. In that view of the matter, I do
not find any merit in the present matters.
1 2016(4) ALL MR 513 (F.B.)
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8. In view of the Judgment of Full Bench in the State of
Maharashtra Versus Kailash Shiva Rangari (supra), clause No. 5 of
operative part of the impugned Judgment needs to be modified and the
interest awarded by learned Reference Court 'from the date of taking
possession of the land' needs to be granted 'from the date of Award'.
Accordingly, the present appeals need to be partly allowed as under :
ORDER
(I) The appeals are partly allowed.
(II) The clause (5) of the operative part of the Judgment and
Award dated 09-08-2002 passed by the learned Joint Civil
Judge, Senior Division, Osmananbad, in Land Acquisition
References No. 343, 344 and 346 of 1997, is modified, and, it
is held that the claimants are entitled for the interest under
Section 28 of the Land Acquisition Act, 1894, from the date of
Award. For the first year the interest would be @ 9% per
annum and for the subsequent period it would be @ 15% per
annum till realization of the entire amount of the Award.
(III) No order as to costs.
( ANIL S. KILOR )
JUDGE
rrd
