Bombay High Court
State Of Maha And Ors vs Rekhabai Kishor Patil on 27 August, 2021
Bench: R. G. Avachat
48-FA-1193-2011 and ors.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.1193 OF 2011
Nabibai w/o. Sham Patil ..Appellant
Vs.
Special Land Acquisition Officer,
Minor Irrigation Project, Dhule
and ors. ..Respondents
--
Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for
appellant-claimant
Mr.A.M.Phule, AGP for respondent nos.1, 3, 4 - State
--
AND
FIRST APPEAL NO.1729 OF 2008
State of Maharashtra and ors. ..Appellants
Vs.
Farukh Sk. Masum Khatik and ors. ..Respondents
--
Mr.A.M.Phule, APP for appellants
Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for
respondent nos.1 to 3
--
AND
CROSS OBJECTION ST. NO.10150 OF 2008
IN
FIRST APPEAL NO.1729 OF 2008
Farukh s/o. Sheikh Masum Khatik
and anr. ..Appellants
Vs.
Special Land Acquisition Officer,
Minor Irrigation Project, Dhule
and ors. ..Respondents
::: Uploaded on - 03/09/2021 ::: Downloaded on - 09/10/2021 13:28:58 :::
2 48-FA-1193-2011 and ors
Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for
Mr.A.M.Phule, AGP for respondents
--
AND
FIRST APPEAL NO.1728 OF 2008
The State of Maharashtra and ors ..Appellants
Vs.
Fatmabee w/o. Mohammad ..Respondent
--
Mr.A.M.Phule, AGP for appellants
Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate
respondent
--
AND
CROSS OBJECTION STAMP NO.10152 OF 2008
IN FIRST APPEAL NO.1728 OF 2008
Fatimabee w/o. Mohammad
since deceased, through L.Rs.
Shaikh Siddique s/o.
Shaikh Mohhmad Khatik and ors. ..Appellants
Vs.
Special Land Acquisition Officer,
Minor Irrigation Project, Dhule
and ors. ..Respondents
--
Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for
appellants
Mr.A.M.Phule, AGP for respondents
--
AND
FIRST APPEAL NO.1216 OF 2011
Narayan s/o. Gopal Patil ..Appellant
::: Uploaded on - 03/09/2021 ::: Downloaded on - 09/10/2021 13:28:58 :::
3 48-FA-1193-2011 and ors
Vs.
Special Land Acquisition Officer,
Minor Irrigation Project, Dhule
and ors. ..Respondents
--
Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for
appellant
Mr.A.M.Phule, AGP for respondent nos.1, 3 and 4
--
AND
FIRST APPEAL NO.1215 OF 2011
Chindha Badhu Patil,
through GPA - Ashok Chindha Patil ..Appellant
Vs.
Special Land Acquisition Officer,
Minor Irrigation Project, Dhule
and ors. ..Respondents
--
Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for
appellant
Mr.A.M.Phule, AGP for respondent nos.1, 3, 4,
--
AND
FIRST APPEAL NO.1194 OF 2011
Vitthal s/o. Dagadu Patil ..Appellant
Vs.
The Special Land Acq. Officer
and ors. ..Respondents
--
Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for
appellant
Mr.A.M.Phule, AGP for respondent nos.1, 3 and 4
--
AND
::: Uploaded on - 03/09/2021 ::: Downloaded on - 09/10/2021 13:28:58 :::
4 48-FA-1193-2011 and ors
FIRST APPEAL NO.1195 OF 2011
Shamu Puna Patil,
since deceased - through L.Rs.
Mangesh s/o. Sham Patil and ors. ..Appellants
Vs.
The Special Land Acquisition
Officer, Minor Irrigation Project,
Dhule and ors. ..Respondents
--
Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for
appellants
Mr.A.M.Phule, AGP for respondent nos.1, 3 and 4
--
AND
FIRST APPEAL NO.1082 OF 2007
The State of Maharashtra
and ors. ..Appellants
Vs.
Rakhabai w/o. Kishor Patil ..Respondent
--
Mr.A.M.Phule, AGP for appellants
Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for
respondent
-
AND
CROSS OBJECTION NO.19064 OF 2007
IN FIRST APPEAL NO.1082 OF 2007
Rekhabai w/o. Kishor Patil ..Appellant
Vs.
Special Land Acquisition
Officer, M.I.P. Dhule, and ors. ..Respondents
-
Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for
appellant -
Mr.A.M.Phule, AGP for respondents
::: Uploaded on - 03/09/2021 ::: Downloaded on - 09/10/2021 13:28:58 :::
5 48-FA-1193-2011 and ors
CORAM : R.G. AVACHAT, J.
DATE : AUGUST 27, 2021
ORAL JUDGMENT :-
Heard Mr.Chaitanya Deshpande, learned counsel, holding
for Mr.C.R.Deshpande, learned counsel for the claimants and
Mr.A.M.Phule, learned AGP for State.
2. This is a group of eight Appeals along with Cross-
Objections therein. Five of them, have been preferred by the
original claimants for enhancement of compensation and rest have
been filed by the State challenging the judgment and award passed
by the Reference Court.
3. Mr.Deshpande, learned counsel for the claimants,
submits that these appeals arise out of the award/s passed in Land
Acquisition Proceedings arising out of one and the same Section 4
notification dated 09.11.1995. In all these appeals, the Land
Acquisition Officer had awarded compensation ranging between
Rs.53,000/- and Rs.56,000/- per hectare in respect of Jirayat lands;
and Rs.84,000/- and Rs.1,12,000/- per hectare for Bagayat lands.
Learned counsel tenders a copy of order dated 25.01.2018 passed in
First Appeal No.643 of 2003 (Bhikkan s/o. Puna Patil Vs. Special
6 48-FA-1193-2011 and ors
Land Acquisition Officer, M.I.P., Dhule and ors) and companion
appeals, whereby this Court has partly allowed the appeals and
enhanced the compensation amount to Rs. Two Lakhs per hectare.
He submits that present appeals can be disposed of as per the order
dated 25.01.2018.
4. Mr.Phule, learned AGP, opposes the appeals filed by the
claimants.
5. The lands involved in these appeals have been acquired
for Minor Irrigation Tank Project, Susari, Tq. Shahada,
Dist.Nandurbar. Since these appeals arise out of the award/s passed
in Land Acquisition Proceedings arising out of one and the same
Section 4 notification dated 09.11.1995, similar treatment needs to
be given to these appeals, as has been given in First Appeal No.643
of 2003 and connected appeals decided vide order dated
25.01.2018. The judgment and order passed in First Appeal No.643
of 2003 and connected matters, has attained finality.
6. Hence, the following order :-
(i) First Appeal Nos.1193 of 2011, 1216 of 2011, 1215 of
2011, 1194 of 2011 and 1195 of 2011 preferred by the claimants for
enhancement of compensation are partly allowed, granting them
7 48-FA-1193-2011 and ors
compensation at the rate of Rupees Two Lakhs per hectare.
(ii) First Appeal Nos.1729 of 2008, 1728 of 2008 and 1082
of 2007 filed by the State are dismissed.
(iii) Cross-Objection (Stamp) No.19064 of 2007 in First
Appeal No.1082 of 2007 preferred by the claimants, is partly allowed
granting them compensation at the rate of Rupees Two Lakhs per
hectare.
(iv) Cross Objection (Stamp) No.10150 of 2008 in First
Appeal No.1729 of 2008 and Cross Objection (Stamp) No.10152 of
2008 in First Appeal No.1728 of 2008 preferred by the claimants
shall stand dismissed.
(v) The appellants/claimants in the appeals and the Cross
Objections, which have been partly allowed by this Court, are
entitled to receive additional compensation as also all the statutory
benefits and interest proportionate to such additional compensation.
The respondents are directed to work out and pay the appellants,
additional compensation/statutory benefits/interest within three
months from today.
[R.G. AVACHAT, J.]
KBP
