Bombay High Court
State Of Maharashtra Through ... vs Tanaji Narayan Pawar on 30 April, 2021
Bench: Anil S. Kilor
1 1-fa-467-03 with fas.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1 FIRST APPEAL NO.467 OF 2003
WITH CIVIL APPLICATION NO. 3968 OF 2000
The State of Maharashtra,
through the Collector, Latur. .. Appellant,
( Ori. Respondent )
Versus
Madhav s/o Narayan Pawar,
age 40 yrs., Occu. Agriculture,
R/o Village Andora, Tq. Ausa,
Dist. Latur ... Respondent
( Ori. Claimant )
AND
FIRST APPEAL NO.476 OF 2003
WITH CIVIL APPLICATION NO. 3964 OF 2000
The State of Maharashtra,
through the Collector, Latur. .. Appellant,
( Ori. Respondent )
Versus
Sahadeo s/o Narayan Pawar,
age 25 yrs., Occu. Agriculture,
R/o Village Andora, Tq. Ausa,
Dist. Latur ... Respondent
( Ori. Claimant )
AND
FIRST APPEAL NO.480 OF 2003
WITH CIVIL APPLICATION NO. 3970 OF 2000
The State of Maharashtra,
through the Collector, Latur. .. Appellant,
( Ori. Respondent )
Versus
Govind s/o Narayan Pawar,
age 50 yrs., Occu. Agriculture,
R/o Village Andora, Tq. Ausa,
Dist. Latur. ... Respondent
( Ori. Claimant )
AND
::: Uploaded on - 05/05/2021 ::: Downloaded on - 09/09/2021 14:28:39 :::
2 1-fa-467-03 with fas.odt
FIRST APPEAL NO.485 OF 2003
WITH CIVIL APPLICATION NO. 3966 OF 2000
The State of Maharashtra,
through the Collector, Latur. .. Appellant,
( Ori. Respondent )
Versus
Tanaji s/o Narayan Pawar,
age 20 yrs., Occu. Agriculture
and student, R/o Village Andora,
Tq. Ausa,Dist. Latur .. Respondent
( Ori. Claimant )
...
Shri. S. S. Dande, AGP for Appellant
...
CORAM : ANIL S. KILOR, J.
DATE : 30th APRIL, 2021
ORAL JUDGMENT :
1. In all these matters, the appellant- State of Maharashtra is
challenging the Judgment and Award, dated 15-09-1998 passed by
the learned Civil Judge, Senior Division, Latur in Land Acquisition
References No. 1273, 1274, 1275 and 1276 of 1992.
2. There are two surveys bearing No. 76 and 75, which are
involved in the present Appeals. The above referred lands were
acquired for the purpose of construction of percolation tank No.5 at
village Andora, Taluka Ausa, District Latur.
3. The notification under Section 4 of the Land Acquisition Act,
1894 (L.A.Act) was issued on 25-02-1989 and the Award was passed
on 12/11/1991. The Land Acquisition Officer considered both the
survey numbers as dry land and granted Rs.160/- per R towards land
value.
::: Uploaded on - 05/05/2021 ::: Downloaded on - 09/09/2021 14:28:39 :::
3 1-fa-467-03 with fas.odt
4. Being dissatisfied with the Award passed by SLAO, References
was filed by the claimants. The learned Reference Court thereupon
considered the Survey No. 75 as irrigated land and granted
compensation at Rs.750/- per R whereas Survey No. 76 as dry land
and granted compensation at Rs.600/- per R. The said enhancement
vide Judgment and Award dated 15-09-1998 is impugned in the
present Appeals.
5. I have heard the learned AGP. Though, the appearance was
caused on behalf of respondents-claimants, however, no one present
when the matters are called out.
6. The only ground urged before this Court is that the
enhancement of amount of compensation by the learned Reference
Court is erroneous.
7 It is further pointed out that the interest granted under Section
28 ought to have been granted from the date of award and not from
the date of possession, as per the Judgment of the Full Bench of this
Court in the case of State of Maharashtra Versus Kailash Shiva Rangari1.
8. To consider the contentions raised by the learned AGP, I have
gone through the record and proceedings and also perused the
impugned Judgment and Award.
9. The learned Reference Court while arriving at a conclusion that
the compensation granted by the Land Acquisition Officer needs to be
enhanced, has considered the sale instances and also considered the
relevant factors, which are to be considered as per the well settled
principles of law while determining the market value of the lands.
1 2016(4) ALL MR 513 (F.B.)
::: Uploaded on - 05/05/2021 ::: Downloaded on - 09/09/2021 14:28:39 :::
4 1-fa-467-03 with fas.odt
10. The learned Reference Court has also considered the
Judgments of the Delhi High Court and this Court and after
scrutinizing the oral as well as documentary evidence, has granted
enhancement at the rate of Rs.600/- per R for dry land and Rs.750/-
per R. for irrigated land.
11. The reasons stated in paragraphs No. 10, 11 and 12 of the
Judgment are based on the evidence and no perversity has been
pointed out by the learned AGP in these matters. Moreover, nothing
contrary is shown, and therefore, I am of the considered view, that
the present Appeals are meritless and no illegality has been
committed by the learned Reference Court while granting
enhancement in these Appeals.
12. However, on the point of grant of interest from the date of
Award and not from the date of taking possession as has been
granted by the reference Court the Judgment and Award needs to be
modified in view of Judgment in Kailas Rangari (Supra). Accordingly,
I pass the following order :
ORDER
1. The First Appeals are partly allowed.
2. The clause No. 2 of operative part of the Judgment and
Award, dated 15-09-1998 passed by the learned Civil
Judge, Senior Division, Latur in Land Acquisition References
No. 1273, 1274, 1275 and 1276 of 1992, 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
5 1-fa-467-03 with fas.odt
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.
3. First Appeals are accordingly disposed of.
4. No order as to costs.
5. In view of disposal of first appeals, nothing further survives
for consideration in pending Civil Applications, the same
stand disposed of accordingly.
(ANIL S. KILOR, J.)
shp/-
