Bombay High Court
City And Industrial Development ... vs Babanrao Harischandra Pere And ... on 6 December, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
*1* 1fa2634o21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.2634 OF 2021
CITY AND INDUSTRIAL DEVELOPMENT CORPORATION
LTD., AURANGABAD THR ITS ADMINISTRATOR
VERSUS
BABANRAO HARISCHANDRA PERE AND ANR
...
Advocate for the Appellants : Shri Bajaj Anil S.
Advocate for Respondent 1 : Shri Anand Bhandari
AGP for Respondent 2 : Shri S.G. Sangle
...
CORAM : RAVINDRA V. GHUGE
&
S.G. MEHARE, JJ.
DATE :- 06th December, 2021
Per Court :-
1. We had briefly heard the learned counsel for the
respective sides on 03.12.2021 and today.
2. Issue notice to the respondents. Shri Bhandari, the
learned advocate, causes an appearance on behalf of respondent
No.1, on caveat. The learned AGP, waives service of notice on
behalf of respondent No.2.
3. In the impugned judgment and award dated
06.03.2021 passed by the learned LAR Court (Coram : Shri
Shankar Babu Pawar) in LAR No.187/2013, it appeared that the
*2* 1fa2634o21
learned LAR Court has granted enhancement to the tune of 66
times of the compensation granted by the Special Land
Acquisition Officer (SLAO). The amount as granted by the
SLAO was Rs.2,17,681/- and the amount granted by the LAR
Court is Rs.4,88,10,424/-. The rate of the land was increased
from Rs.7.50 per square meters to Rs.500/- per square meters.
4. Even in another case pertaining to Gat No.125 in the
same area, the enhancement has been from Rs.22.50 per square
meters to Rs.500/- per square meters, which is rise of about 25
times. The order is passed by the same Judicial Officer.
5. The learned advocate for the appellant/ CIDCO has
placed before us the chart of 26 cases in which, the same Judicial
Officer seems to have granted unprecedented rise in
compensation as LAR Court. However, the details about the
same are not available with him. The said chart is taken on
record and marked as "X-1" for identification.
6. We, therefore, permit the learned advocate for the
appellant/ CIDCO to furnish details as regards the enhancement
granted by the said Judicial Officer in the cases mentioned in the
chart (X-1) at Sr.Nos.3 to 26.
7. The First Appeal is ADMITTED.
*3* 1fa2634o21
8. Call for the record and proceedings from the learned
LAR Court in LAR No.187/2013 decided by the learned Civil
Judge, Senior Division, Aurangabad on 06.03.2021.
kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
*4* 1fa2634o21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.11950 OF 2021
IN
FIRST APPEAL NO.2634 OF 2021
CITY AND INDUSTRIAL DEVELOPMENT CORPORATION
LTD., AURANGABAD THR ITS ADMINISTRATOR
VERSUS
BABANRAO HARISCHANDRA PERE AND ANR
...
Advocate for the Applicants : Shri Bajaj Anil S.
Advocate for Respondent 1 : Shri Anand Bhandari
AGP for Respondent 2 : Shri S.G. Sangle
...
CORAM : RAVINDRA V. GHUGE
&
S.G. MEHARE, JJ.
DATE :- 06th December, 2021
Per Court :-
1. Issue notice to the respondents. Shri Bhandari, the
learned advocate, causes an appearance on behalf of respondent
No.1 on caveat. The learned AGP, waives service of notice on
behalf of respondent No.2.
2. We have heard the learned counsel for the respective
sides. The applicant/ CIDCO has sought stay to the impugned
judgment and award dated 06.03.2021 delivered by the learned
LAR Court in LAR No.187/2013.
*5* 1fa2634o21
3. The SLAO has considered the land at issue to be an
irrigated land. 7/12 extract indicates that half of the land was dry
land and in the remainder land, the owner had taken sugarcane
crop as it was an irrigated land. The sale instance that is referred
to, vide the registered sale deed dated 28.03.2012, was part of the
record as Exhibit-30. The said sale deed indicated the
consideration of Rs.50 lacs. As such, the rate of the land was
about Rs.1 lac per R. This sale deed has not been relied upon by
the LAR Court since the claimant filed the certified copy of the
sale deed dated 18.02.2010 (exhibit-42) wherein, the vendor has
sold 81 R dry land from Gat No.47 of village Vadadgaon for
consideration of Rs.47,51,000/-, which would quantify the rate
per R as Rs.58,654/-. The LAR Court has, therefore, come to the
conclusion that the enhancement would be justified at the rate of
Rs.1,64,230/- per R as in 2012. Consequentially, the amount of
compensation granted by the SLAO at Rs.24,33,630/- was
enhanced to Rs.5,31,00,506/-.
4. Considering the above and the order passed today in
the First Appeal, we find that it would be appropriate to direct the
applicant/ CIDCO to deposit an amount equivalent to 60% of the
decreed amount, in this Court, as a condition for granting
*6* 1fa2634o21
protection to the applicant/ CIDCO until the decision in the First
Appeal.
5. As such, this Civil Application is partly allowed.
The applicant/ CIDCO shall deposit an amount equivalent to
60% of the decreed amount, in this Court, on or before
15.03.2022. Subject to such deposit, there shall be stay to the
impugned judgment and award dated 06.03.2021 delivered by
the learned LAR Court in LAR No.187/2013. Failure to deposit
the said amount, would result in vacating of the interim
protection without reference to the Court on 16.03.2022.
kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
