Bombay High Court
State Of Mah. Thru ... vs Tejsing Abhiman Patil 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.785 OF 2002
The State of Maharashtra,
(Through the Special Land Acquisition
Officer, Jalgaon, District-Jalgaon).
...APPELLANT
(Orig. Respondent)
VERSUS
Tejosing Abhiman Patil,
Age-Major, Occu:Agri.,
R/o-Ozarkheda, Taluka-Bhusawal,
District-Jalgaon
...RESPONDENT
(Orig. Claimant)
AND
FIRST APPEAL NO.786 OF 2002
The State of Maharashtra,
(Through the Special Land Acquisition
Officer, Jalgaon, District-Jalgaon).
...APPELLANT
(Orig. Respondent)
VERSUS
Vishwanath Shrawan Namade (deceased)
LR's
Vasant Vishwanath Namade and others
Occu:Agri., R/o-Ozarkheda,
Taluka-Bhusawal,
District-Jalgaon
...RESPONDENTS
(Orig. Claimant)
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AND
FIRST APPEAL NO.787 OF 2002
The State of Maharashtra,
(Through the Special Land Acquisition
Officer, Jalgaon, District-Jalgaon).
...APPELLANT
(Orig. Respondent)
VERSUS
Nathu Abhiman Patil
Age-Major, Occu:Agri.,
R/o-Ozarkheda, Taluka-Bhusawal,
District-Jalgaon
...RESPONDENT
(Orig. Claimant)
...
Mr.S.S. Dande, A.G.P. for Appellant in all appeals.
Mr.A.B. Kale, Advocate for Respondents in all appeals.
...
CORAM: ANIL S. KILOR, J.
DATE : 28th APRIL, 2021
ORAL JUDGMENT :
1. These are the appeals arising out of common
Judgment and award dated 18th August 1997 passed by the IInd
Joint Civil Judge, Senior Division, Jalgaon in Land Acquisition
Reference Nos. 105 of 1994, 106 of 1994, 107 of 1994 and 111
of 1994 granting enhancement to the tune of Rs.600 per R for
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irrigated land and Rs.335/- per R for non-irrigated land, from
Rs.500/- per R for irrigated land.
2. I have heard learned counsel appearing for the
respective parties.
3. Learned A.G.P. submits that the amount granted by
the learned reference court is exorbitant and the reference court
failed to consider the sale instances considered by the Special
Land Acquisition Officer while issuing the award.
4. After going through the record and proceedings and
on perusing the impugned Judgment and award, I have no
hesitation to hold that the learned reference court after
considering relevant factors for determining the amount of
compensation has arrived at Rs.600/- per R in relation to
irrigated land whereas Rs.335/- per R for non-irrigated land. In
absence of any contra evidence or perversity in the findings
recorded by the Reference Court in Para 18 and 19 of the
impugned Judgment, wherein the learned Reference Court has
rightly relied upon the sale instanced produced by the claimants,
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which are admittedly of a period prior to issuance of Section 4
notification, no interference is needed in this matter.
5. Moreover, there is no dispute that enhanced amount
of compensation is within four times than the amount awarded
by the Special Land Acquisition Officer. In view of the policy
decision of the State Government, as per Government Resolution
dated 3rd November 2016 and corrigendum issued to the to the
same, it has been resolved that no appeal shall be filed or
contested where the amount is well within four times and
therefore, I do not find any substance in the contention of the
learned AGP that the amount of compensation granted by the
Reference Court is exorbitant.
6. However, the Judgment and award requires to be
modified to the extent of the amount of interest under Section
28 of the Land Acquisition Act which is granted from the date of
possession, whereas it should have been from the date of award
as per the Judgment of the Full Bench of this Court in a case of
State of Maharashtra vs. Kailash Shiva Rangari, (supra).
7. Accordingly, the present appeals need to be partly
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allowed, as under:-
ORDER
(I) The appeals are partly allowed.
(II) The clauses in respect of the granting interest
under Section 28 of the Land Acquisition Act, 1894,
from the date of possession, of the operative part of
the Judgment and award dated 18th August 1997
passed by the reference Court i.e. IInd Joint Civil
Judge, Senior Division, Jalgaon in Land Acquisition
Reference Nos. 105 of 1994, 107 of 1994 and 111 of
1994 are 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 at the rate of
9% per annum and for the subsequent period it
would be at the rate of 15% per annum till
realization of the entire amount of the Award.
(III) No order as to costs.
[ANIL S. KILOR, J.]
asb/APR21
