Bombay High Court
The Executive Engineer, Minor ... vs Uttam Dnyanoba @ Dnyandeo Gaikwad ... on 19 July, 2021
Bench: R. G. Avachat
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 3071 OF 2018
WITH CIVIL APPLICATION NO. 4845 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
1. Shankar Vithoba Deshmukh
(Died- through L.Rs.)
1-A] Lata Mahadev Nimbalkar and others ... Respondents
WITH
FIRST APPEAL NO. 3070 OF 2018
WITH CIVIL APPLICATION NO.4866 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Shivaji Kashinath Raut and others ... Respondents
WITH
FIRST APPEAL NO. 3072 OF 2018
WITH CIVIL APPLICATION NO. 4858 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Mahadeo Bhagwan Bangar and others ... Respondents
WITH
FIRST APPEAL NO. 3073 OF 2018
WITH CIVIL APPLICATION NO. 4852 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Trivenibai Mahadeo Dhas
[Died] through L.Rs and others ... Respondents
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WITH
FIRST APPEAL NO. 3074 OF 2018
WITH CIVIL APPLICATION NO. 4856 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Vaibhav Vikas Gaikwad and others ... Respondents
WITH
FIRST APPEAL NO. 3075 OF 2018
WITH CIVIL APPLICATION NO. 4864 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Trimbak Tukaram Gholwe and others ... Respondents
WITH
FIRST APPEAL NO. 3076 OF 2018
WITH CIVIL APPLICATION NO. 4843 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Sadashiv Tukaram Gholwe and others ... Respondents
WITH
FIRST APPEAL NO. 3077 OF 2018
WITH CIVIL APPLICATION NO.4854 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Bhanudas Sona Bangar ... Respondents
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WITH
FIRST APPEAL NO. 3078 OF 2018
WITH CIVIL APPLICATION NO. 4876 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Chintaman Bapurao Dhas and others ... Respondents
WITH
FIRST APPEAL NO. 3079 OF 2018
WITH CIVIL APPLICATION NO. 4841 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Shantabai Ramchandra Gholwe and others ... Respondents
WITH
FIRST APPEAL NO. 3080 OF 2018
WITH CIVIL APPLICATION NO. 4870 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Kalyan Gorakh Kedar and others ... Respondents
WITH
FIRST APPEAL NO. 3081 OF 2018
WITH CIVIL APPLICATION NO. 4878 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Yekant Dagdu Dhas and others ... Respondents
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WITH
FIRST APPEAL NO. 3082 OF 2018
WITH CIVIL APPLICATION NO. 4862 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Babu Tukaram Gholve and others ... Respondents
WITH
FIRST APPEAL NO. 3083 OF 2018
WITH CIVIL APPLICATION NO. 4872 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Bhimrao Venkati Gholwe and others ... Respondents
WITH
FIRST APPEAL NO. 3084 OF 2018
WITH CIVIL APPLICATION NO. 4868 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Vachalabai Madhukar Gholwe and others ... Respondents
WITH
FIRST APPEAL NO. 3085 OF 2018
WITH CIVIL APPLICATION NO. 4860 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Eknath Satwa Dhas
[Died] Through his L.Rs.
Kashinath Eknath Dhas and others ... Respondents
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WITH
FIRST APPEAL NO. 3086 OF 2018
WITH CIVIL APPLICATION NO. 4880 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Ramdas Tukaram Gholve and others ... Respondents
WITH
FIRST APPEAL STAMP NO. 26979 OF 2016
WITH CIVIL APPLICATION NO. 4874 OF 2017
The Executive Engineer
Minor Irrigation, Ambajogai ... Appellant
Versus
Uttam Dnyanoba @ Dnyandeo Gaikwad & Ors ... Respondents
....
Mr. R. D. Biradar, Advocate for appellant
Mr. V. M. Chate, Advocate for respondents claimants
Mr. B. V. Virdhe, AGP for the State
....
CORAM : R. G. AVACHAT, J.
DATED : 19th JULY, 2021
PER COURT :-
. The acquiring body has taken exception to the award
passed by the Reference Court under Section 18 of the Land
Acquisition Act, 1894.
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2. Shri Biradar, learned Advocate for the appellant -
acquiring body would submit that the enhancement of the
compensation granted by the Reference Court is manifold. The
sale-deeds Exh.20 to 26 relied upon by the Reference Court for
enhancement of the compensation, were executed only with a view
to have enhanced compensation. The learned Advocate would also
submit that the interest has been awarded in breach of law laid
down by the Full Bench judgment of this Court in the case of State
of Maharashtra vs. Kailash Shiva Rangari - AIR 2016 BOMBAY 141 .
The learned Advocate, therefore, urged for setting aside of the
impugned award.
3. Learned Advocate for the respondents - claimants
supports the impugned award.
4. Considered the rival submissions. Perused the impugned
awards. Also gone through the appeal memos to find that the basic
challenge to the impugned awards is to grant of interest from the
date of notification under Section 4 of the Act.
5. Perusal of the impugned awards lead me to make
interference therewith the directions contained therein regarding
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grant of interest from the date of notification under Section 4 of the
Act i.e. 14.04.2005. The Full Bench judgment of this Court in the
case of State of Maharashtra v. Kailash Shiva Rangari (supra), has
held thus:-
"33. (a) If the possession is taken before the
notification under Section 4(1) of the Land Acquisition
Act is published and/or before the award is passed, the
landowner would be entitled for interest as per Section 34
necessarily from the date of passing of the award under
Section 11 of the said Act, except in cases where the
possession is taken in accordance with Section 17 of the
said Act, and in that situation only, the provision of
Section 34 of the said Act shall start operating from the
date of possession."
6. Admittedly, possession of the lands has not been taken
pursuant to Sections 16 and 17 of the Act. Notification under Section
4 was published on 14.04.2005. The award under Section 11 of the
Act has been passed on 11.08.2008. The interest therefore ought to
have been awarded from the date of award and not publication of
notification under Section 4 of the Act. To this extent, Clause [4] and
[5] of the impugned award is modified as under.
7. The date 20.06.2005 appearing in clause [4] of the
impugned award is hereby replaced with the date 11.08.2008 and in
clause [5] also the date 20.06.2005 is hereby replaced with the date
11.08.2008.
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8. Rest of the terms of the impugned award to stand
unaltered.
9. The amount of compensation, if any, deposited with this
Court or before the Reference Court, be paid to the claimants-
respondents in terms of the modified award. The excess amount, if
any, be paid back to the acquiring body-appellant in these appeals.
10. The First Appeals are accordingly disposed of.
11. All the pending civil applications are also disposed of.
[ R. G. AVACHAT, J. ]
SMS
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