Bombay High Court
Shri. Ramachandra Mahadev Rane vs The State Of Maharashtra Through ... on 23 August, 2021
Bench: Nitin W. Sambre
35.198.19 fa.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 198 OF 2019
SHRI. SHANKAR MAHADEV RANE ....APPELLANT
V/s.
THE STATE OF MAHARASHTRA THR. .....RESPONDENTS
COLLECTOR, KOLHAPUR AND ORS
WITH
FIRST APPEAL NO. 1515 OF 2019
MR. DATTU @ DATTARAYA CHAVAN ....APPELLANT
V/S.
THE STATE OF MAHARASHTRA THR. .....RESPONDENTS
COLLECTOR, KOLHAPUR AND ORS
WITH
FIRST APPEAL NO. 1511 OF 2019
SHRI. RAMA KRISHNA SAWANT ....APPELLANT
V/S.
THE STATE OF MAHARASHTRA THROUGH ....RESPONDENTS
COLLECTOR, KOLHAPUR AND ORS
WITH
FIRST APPEAL NO. 1453 OF 2019
SHRI. BABU LAXMAN GHEWADE ....APPELLANT
SINCE DECD THROUGH LRS
1/8
35.198.19 fa.doc
V/S.
THE STAT OF MAHARASHTRA THR. ....RESPONDENTS
COLLECTOR, KOLHAPUR AND ORS
WITH
FIRST APPEAL NO. 1452 OF 2019
SHRI. MARUTI SANTU SUPAL ....APPELLANT
V/S.
THE STATE OF MAHARASHTRA THR. ....RESPONDENTS
COLLECTOR, KOLHAPUR AND ORS
WITH
FIRST APPEAL NO. 1456 OF 2019
SHRI. SHIVAJI MADHU SUPAL ....APPELLANT
V/S.
THE STATE OF MAHARASHTRA THR. ....RESPONDENTS
COLLECTOR, KOLHAPUR AND ORS
WITH
FIRST APPEAL NO. 1579 OF 2019
SHRI. JOTHIBHA VITHU GAVADE ....APPELLANT
V/S.
THE STATE OF MAHARASHTRA THR. ....RESPONDENTS
COLLECTOR, KOLHAPUR AND ORS
WITH
FIRST APPEAL ST NO. 2019 OF 2019
SHRI. MARUTI KRISHNA DHADAM ....APPELLANTS
2/8
35.198.19 fa.doc
AND ORS
V/S.
THE STATE OF MAHARASHTRA THR. ....RESPONDENTS
COLLECTOR, KOLHAPUR AND ORS
WITH
FIRST APPEAL NO. 1578 OF 2019
MR. BAYAPPA RAMA CHAVAN ....APPELLANTS
AND ANR
V/S.
THE STATE OF MAHARASHTRA THR. ....RESPONDENTS
COLLECTOR, KOLHAPUR AND ORS
WITH
FIRST APPEAL NO. 1560 OF 2019
SHRI. RAMCHANDRA MAHADEV RANE ....APPELLANT
V/S.
THE STATE OF MAHARASHTRA THR. ....RESPONDENTS
COLLECTOR, KOLHAPUR AND ORS
Mr. Satyajeet A. Rajeshirke for the appellant in all FA
Mr. A. R. Patil AGP for Respondent nos. 1 & 2
Ms. Chaitrali Deshmukh for Respondent no. 3
Mr. Swaroop Dilip Khedkar, Civil Engineer Associated Dudhganga left
branch Canal subdivision no. 3, Kolhapur
CORAM : NITIN W. SAMBRE, J.
DATE: AUGUST 23, 2021.
35.198.19 fa.doc
P.C.:
1] Heard respective counsel.
2] In these appeals land owners are claiming enhanced
compensation based on sale deed dated 19/04/1997 which is for
transfer of 23Are land for consideration of Rs. 42,000/-. For the
purpose of deciding the issue of enhancement, facts of First Appeal
No. 198/2019 are taken into account.
3] Learned counsel for the appellant-land owners while
questioning the Judgment delivered by the Reference Court in
exercising of powers under Section 18 of the Land Acquisition Act,
(Hereinafter referred to as 'the Act' for the sake of brevity) would urge
that Court below has failed to consider sale deed Exhibit 48 dated
19/04/1997 wherein land to the extent of 34Are is shown to have
been transferred for a consideration of Rs. 42,000/-. According to
him, said sale transaction is formed to be a basis by the Reference
Court for determining the compensation. Mr. Rajeshirke, learned
counsel appearing for the appellant-land owner would invite attention
35.198.19 fa.doc
of this Court to the contents of the aforesaid sale deed Exhibit 48 so
as to claim that even though land to the extent of 34Are is referred to
therein, however, what was transferred was land to the extent of
23Are and not 34Are for consideration of Rs. 42,000/- and
accordingly compensation is required to be redetermined. According
to him, appropriate re-calculations of compensation in the wake of
aforesaid mistake apparent on the face noticed is required to be
ordered.
4] Counsel appearing for acquiring body so also learned AGP does
not dispute factual matrix viz. Transfer of land to the extent of 23Are
for consideration of Rs. 42,000/-.
5] Learned counsel Ms. Deshmukh and learned APP would urge
that this Court instead of going into the calculation may leave the
same to the discretion of the senior offcers of the corporation as the
same is going to cause additional fnancial burden. She would also
try to rely on the procedure to be adopted in the matter of relegating
enhanced compensation, in case if the order to that effect is passed.
35.198.19 fa.doc
6] I have considered rival submissions.
7] In the background of aforesaid factual matrix, it is apparent
that Reference Court has committed an error apparent on the face of
record in calculating enhanced compensation. Court below by
mistake has calculated enhanced compensation based on
consideration of Rs. 42,000/-, parted for transfer of 34Are land
instead of 23Are land, as has been referred in para 44 of the
impugned Judgment.
8] Mr. Rajeshirke, learned counsel appearing for the appellant, at
this stage has tendered relevant calculations for enhanced
compensation based on the aforesaid correct appreciation of evidence
as refected in sale deed dated 19/04/1997 produced at Exhibit 48.
9] In the wake of above, following order will meet the interest of
justice.
35.198.19 fa.doc
10] Proposed corrected calculations in each of these appeals read
thus:
"If rate is calculated on the basis of said sale deed it
is Rs. 42000/- for the land admeasuring 23Are which
gives rate of 4200/23 = Rs. 1827/Are and Rs.
1,82,700/- hector.
If increase at Rs. 10% granted for a year
Rs. 2,0100/Hector for Jirayat Land
Rs. 4,02,000/Hector Bagayat
.........................................
.........................................
If direct deduction of 25% is made
Rs. 1,50,750/Hector for Jirayat Land
Rs. 3,01,500Hector for Bagayat Land".
11] Learned counsel for acquiring body so also learned AGP would
like to check the aforesaid calculation with assistance of offcers of
35.198.19 fa.doc
the acquiring body and the land acquisition offcer.
12] In this backdrop, by way of last chance, matter to come up for
further orders on 01/09/2021.
13] Concerned offcer of the acquiring body who is present in the
Court shall continue to attend the proceedings on the next date of
hearing to assist the Court in deciding the Appeals fnally. It shall be
open to respondent to give their calculation, if acquiring body has
objection on the calculation tendered by the appellants.
[NITIN W. SAMBRE, J.]
Digitally signed by
IRESH IRESH
SIDDHARAM
SIDDHARAM MASHAL
MASHAL Date: 2021.08.27
16:41:34 +0530
