Bombay High Court
The Executive Engineer, Minor ... vs Nivrutti Saheb Khalangre And ... on 4 August, 2021
Bench: R. G. Avachat
First Appeal No.894/2011 with
connected Appeals
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.894 OF 2011
1) Vaijanath s/o Sopan Khalangre,
Age 49 years, Occu. Agriculture,
2) Ramrao s/o Sopan Khalangre,
Age 44 years, Occu. Agriculture,
Both R/o Khalangre, Tq. Renapur,
District Latur ... APPELLANTS
VERSUS
1) The State of Maharashtra,
through Collector, Latur
2) The Special Land Acquisition
Officer, M.I.W., Latur.
3) The Executive Engineer,
Minor Irrigation, Division,
Latur ... RESPONDENTS
.......
Mr. Amit S. Deshpande, Advocate for appellants
Mr. P.M. Kulkarni, Advocate for respondents No.1 and 2
Mr. P.S. Patil, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.895 OF 2011
1) Nivratti s/o Saheb Khalangre
Age 77 years, Occu. Agriculture,
2) Chandrakant s/o Nivratti Khalangre
Age 41 years, Occu. Agriculture,
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First Appeal No.894/2011 with
connected Appeals
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Both R/o Khalangre, Tq. Renapur,
District Latur ... APPELLANTS
VERSUS
1) The State of Maharashtra,
through Collector, Latur
2) The Special Land Acquisition
Officer, M.I.W., Latur.
3) The Executive Engineer,
Minor Irrigation, Division,
Latur ... RESPONDENTS
.......
Mr. Amit S. Deshpande, Advocate for appellants
Mr. P.M. Kulkarni, Advocate for respondents No.1 and 2
Mr. P.S. Patil, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.896 OF 2011
Pralhad s/o Eknath Khalangre,
Died through L.Rs.
1) Balaji s/o Pralhad Khalangre,
Age 36 years, Occu. Agriculture,
2) Dagdu s/o Pralhad Khalangre,
age 32 years, Occu. Agriculture,
Both R/o Khalangre, Tq. Renapur,
District Latur ... APPELLANTS
VERSUS
1) The State of Maharashtra,
through Collector, Latur
2) The Special Land Acquisition
Officer, M.I.W., Latur.
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First Appeal No.894/2011 with
connected Appeals
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3) The Executive Engineer,
Minor Irrigation, Division,
Latur ... RESPONDENTS
.......
Mr. Amit S. Deshpande, Advocate for appellants
Mr. P.M. Kulkarni, Advocate for respondents No.1 and 2
Mr. P.S. Patil, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.1641 OF 2011
1) Umakant s/o Nivratti Khalangre
Age 45 years, Occu. Agriculture,
2) Ajay s/o Umakant Khalangre
Age 18 years, Occu. Education,
3) Ajit s/o Umakant Khalangre
Age 16 years, Occu. Education,
Applicant No.3 is claiming under
guardianship of his natural father
i.e. Umakant s/o Nivratti Khalangre
4) Godawari w/o Dilip Khalangre,
Age 37 years, Occu. HH & Agriculture,
5) Krishna s/o Dilip Khalangre,
age 18 years, Occu. Education
6) Kiran s/o Dilip Khalangre,
Age 18 years, Occu. Education
7) Gangadhar s/o Pralhad Shalge,
Age 30 years, Occu. Agri. & Service
8) Nivratti s/o Saheb Khalangre,
Age 77 years, Occu. Agriculture
All R/o Khalangre, Tq. Renapur,
District Latur. ... APPELLANTS
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First Appeal No.894/2011 with
connected Appeals
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VERSUS
1) The State of Maharashtra,
through Collector, Latur
2) The Special Land Acquisition
Officer, M.I.W., Latur.
3) The Executive Engineer,
Minor Irrigation, Division,
Latur ... RESPONDENTS
.......
Mr. Amit S. Deshpande, Advocate for appellants
Mr. P.M. Kulkarni, Advocate for respondents No.1 and 2
Mr. P.S. Patil, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.3412 OF 2019
The Executive Engineer,
Minor Irrigation Division,
Latur ... APPELLANTS
VERSUS
1) Nivrutti s/o Saheb Khalangre,
Age 78 years, Occu. Agri.
2) Chandrakant s/o Nivrutti Khalangre,
Age 42 years, Occu. Agri.
Both R/o Khalangre, Tq. Renapur,
District Latur.
3) The Special Land Acquisition
Officer, M.I.W., Latur.
4) The State of Maharashtra,
through the Collector, Latur.
(Copy of respondents No.3 and 4
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First Appeal No.894/2011 with
connected Appeals
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to be served on Govt. Pleader,
High Court of Bombay,
Bench at Aurangabad) ... RESPONDENTS
.....
Mr. P.S. Patil, Advocate for appellant
Mr. Amit S. Deshpande, Advocate for respondents No.1 and 2
Mr. P.M. Kulkarni, A.G.P. for respondents No.3 and 4
.....
WITH
FIRST APPEAL NO.3413 OF 2019
The Executive Engineer,
Minor Irrigation Division,
Latur ... APPELLANTS
VERSUS
1) Vijaynath s/o Sopan Khalangre
Age 48 years, Occu. Agri.
2) Ramrao s/o Sopan Khalangre,
Age 42 years, Occu. Agri.
Both R/o Khalangre, Tq. Renapur,
District Latur.
3) The Special Land Acquisition
Officer, M.I.W., Latur.
4) The State of Maharashtra,
through the Collector, Latur.
(Copy of respondents No.3 and 4
to be served on Govt. Pleader,
High Court of Bombay,
Bench at Aurangabad) ... RESPONDENTS
.....
Mr. P.S. Patil, Advocate for appellant
Mr. Amit S. Deshpande, Advocate for respondents No.1 and 2
Mr. P.M. Kulkarni, A.G.P. for respondents No.3 and 4
.....
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First Appeal No.894/2011 with
connected Appeals
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CORAM : R. G. AVACHAT, J.
DATE : 4th AUGUST, 2021
JUDGMENT:
This group of appeals is being decided by this
common judgment since the appeals are arising out of the
same acquisition proceedings. Four of the six appeals have
been preferred by the claimants (land owners). Other two by
the acquiring body. The details thereof are given in the
tabular form below :-
Sr. Name First L.A.R. No. Land Sy/Gut
No. Appeal acquired No.
No.
Khalangre Hectors
Khalangre Hectors
Khalangre
04 Umakant 1641/2011 324/2009 1 Hector 180
Khalangre
Engineer Vs. Hectors
Vaijanath
Khalangre
Engineer Vs. Hectors
Nivrutti
Khalangre
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2. The challenge in all these appeals is to the
judgment and awards passed by the Reference Court in
respective Land Acquisition References.
3. Heard learned counsel for the parties. Perused
the impugned award and the documents relied upon. Almost
all the facts are undisputed.
The lands of the appellants - land owners have
been acquired for the purpose of storage tank. Notification
under Section 4 of the Land Acquisition Act (for short the Act)
was published in the gazette on 2/6/2005, while the awards
were passed on 26/9/2007. The appellants - land owners
herein seek parity with the claimants - land owners who have
been granted enhanced compensation by virtue of the
judgment passed by this Court in First Appeal Nos.110/2011
and 156/2011 on 7/1/2019. This Court granted compensation
@ Rs.10312.5 per R for jirayat land and Rs.12890.6 per R for
seasonally irrigated land. Admittedly, these two appeals
decided by this Court were arising out of the same acquisition
proceedings. Except the land belonging to the appellant in
First Appeal No. 896/2011 (Pralhad s/o Eknath Khalangre),
First Appeal No.894/2011 with
connected Appeals
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the lands in other First Appeals preferred by owners -
claimants are irrigated with well, borewell, pipeline, river etc.
4. Since all the aforesaid facts are not in dispute, the
appellants - land owners in First Appeal Nos.894/2011,
895/2011, 896/2011 and 1641/2011 are entitled for
enhancement of compensation in terms of the judgment of
this Court in First Appeal Nos.110/2011 and 156/2011. This
group of appeals is, therefore, disposed of in terms of the
following order :-
ORDER
(i) First Appeal Nos.894/2011, 895/2011, 896/2011 and
1641/2011 are allowed. The impugned awards are
modified as under :
(ii) The appellants - land owners in First Appeal
Nos.894/2011, 895/2011 and 1641/2011 be paid
compensation @ Rs.12890.6 per R while the
appellant - land owners in First Appeal No.896/2011
be paid compensation @ Rs.10312.5 per R for the
lands acquired.
(iii) Rest of the terms of the impugned award to stand
First Appeal No.894/2011 with
connected Appeals
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unaltered.
(iv) First Appeal Nos.3412/2019 and 3413/2019 are
dismissed.
( R. G. AVACHAT )
JUDGE
fmp/-
