Bombay High Court
State Of Maha vs Narsing Dadarao Gangane on 30 April, 2021
Bench: Anil S. Kilor
1 FA 386 & 387/2004
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
9 FIRST APPEAL NO.386 OF 2004
The State of Maharashtra, through APPELLANT
District Collector, Beed
VERSUS
Dadarao S/o Baliram Gangane RESPONDENTS
[Died, L.Rs.]
1] Narsing s/o Dadarao Gangane, Age Major,
Occupation Agriculture, Resident of
Radi, Taluka Ambajogai, Dist. Beed
2] Vishnu s/op Dadarao Gangane, Age Major,
Occupation Agriculture, Resident of
Radi, Taluka Ambajogai, Dist. Beed
3] Dattatraya s/o Dadarao Gangane, Age Major,
Occupation Agriculture, Resident of
Radi, Taluka Ambajogai, Dist. Beed
4] Smt. Kusum w/o Pramajo Agle, Age Major,
Occupation Agriculture, Resident of
Radi, Taluka Ambajogai, Dist. Beed
5] Sou. Sunanda w/o Bhagwat Shinde, Age Major,
Occupation Household, Resident of
Radi, Taluka Ambajogai, Dist. Beed
6] Sou. Sakhubai w/o Anantrao Gaikwad, Major,
Occupation Household, Resident of
Radi, Taluka Ambajogai, Dist. Beed
...
Mr. B.V. Virdhe, A.G.P. for the appellants-State
Mr. N.B. Jadhav, Adv. For respondent Nos.1 to 3
...
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2 FA 386 & 387/2004
W I T
10 FIRST APPEAL NO.387 OF 2004
The State of Maharashtra, Through APPELLANT
Collector Beed
VERSUS
Sharad Shankarrao Gangne, Age 24 years, RESPONDENT
Occupation Education and Agriculture,
Resident of Radi, Tq. Ambajogai,
District Jalgaon
...
Mr. S.S. Dande, A.G.P. for the appellant-State
Mr. N.B. Jadhav, Adv. for the respondent
...
CORAM : ANIL S. KILOR, J.
DATE : 30th APRIL, 2021
ORAL JUDGMENT :
Both these Appeals are arising out of the
common Judgment and Award passed by the II Addl.
District Judge, Ambajogai, dated 26th August, 2002, in
Land Acquisition Reference Nos. 53 of 1992 and 52 of
1992 enhancing the amount of compensation towards land
acquired.
2. The lands in question were acquired for
percolation tank situated in the village limit of
Radi, Taluka Ambajogai, District Beed. The
notification under Section 4 of the Land Acquisition
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3 FA 386 & 387/2004
Act was issued on 11th January, 1990 and Award was
passed on 26th June, 1992. Being dissatisfied with the
same, the claimant preferred Reference under Section
18 of the Land Acquisition Act for enhancement of the
compensation.
3. The Reference Court after considering the
oral as well as documentary evidence, enhanced the
compensation which is questioned in the present
appeals.
4. It is pointed out by the learned counsel for
the claimants that the amount granted by the learned
Reference Court is within 4 times of the amount
granted by the SLAO and, therefore, as per the
Government Resolution dated 3rd November, 2016, wherein
it has been decided by the Government that if the
enhancement is within four times of the amount granted
by the Land Acquisition Officer, no Appeal shall be
filed or contested.
5. Apart from the said reason, even on merit,
after going through the record and proceedings and
after perusing the impugned Judgment and Award, I do
not find any perversity in the findings recorded by
the learned Reference Court as per the oral as well as
documentary evidence placed on record.
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4 FA 386 & 387/2004
6. Nothing has been shown contrary to the
findings of the trial Court and, in that view of the
matter, I do not find any error committed by the
learned Reference Court in granting enhancement in
these matters.
7. However, the operative part of the impugned
Judgment and order needs to be modified in view of the
judgment of Full Bench in the case of State of
Maharashtra versus Kailash Shiva Rangari, reported in
2016 (4) All M.R. 513. Accordingly, I proceed to pass
following order :-
O R D E R
[1] Both Appeals are partly allowed.
[2] The operative part 1-A and part 1-B of the
impugned Judgment and awards is modified and
thereby interest is granted @ 9% per annum
from the date of Award for the first year and
for subsequent period @ 15% per annum.
( ANIL S. KILOR, J. )
SRM/30/4/21
