Bombay High Court
State Of Mah,. And Ors vs Ulhas Raoji Rathod (Banjari) on 23 July, 2021
Bench: Pushpa V. Ganediwala
CAF 1391.2021.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO. 275 OF 2005
1. The State of Maharashtra
2. The Collector, Yavatmal, District Yavatmal.
3. The Special Land Acquisition Officer,
Benefitted Zone, Arunawati Project, Digras,
District Yavatmal.
...APPELLANTS
Versus
Ulhas s/o Raoji Rathod (Banjari),
aged about 35 years, Occ. Agriculturist,
R/o Mokh, Tq. Digras, District Yavatmal.
...RESPONDENT
WITH
CIVIL APPLICATION (F) NO. 1391 OF 2021
WITH
FIRST APPEAL ST. NO. 585 OF 2019
Ulhas s/o Raoji Rathod (Banjari),
aged about 55 years, Occ. Cultivator,
R/o Mokh, Tq. Digras, District Yavatmal.
...APPLICANT/ APPELLANT
Versus
1. The State of Maharashtra
Through its Secretary, Revenue and Forest Department,
Mantralaya, Mumbai.
2. The Collector, Yavatmal, District Yavatmal.
3. The Special Land Acquisition Officer,
Benefitted Zone, Arunawati Project, Digras,
District Yavatmal.
...RESPONDENTS
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CAF 1391.2021.odt 2
Shri A.P. Tathod, Advocate for the claimant.
Ms. H.N. Jaipurkar, A.G.P. for the State.
.....
CORAM : PUSHPA V. GANEDIWALA, J.
DATED : JULY 23, 2021.
JUDGMENT :
CIVIL APPLICATION (F) NO. 1391/2021.
By this application, the applicant/ claimant, in
reference proceedings for enhancement of the compensation,
seeks condonation of delay in filing the appeal. The reasons for
delay are mentioned in para Nos. 8 to 13 of the application.
Reliance is placed upon the judgment of the Hon'ble Supreme
Court delivered in the case of Imrat Lal And Others Vs. Land
Acquisition Collector And Others, reported in (2014) 14 SCC
133. It is further stated that the applicant is willing to forego
interest on the amount of compensation, if enhanced.
2. The application is opposed by Ms. Jaipurkar,
learned A.G.P., on the ground that reasons furnished are not
sufficient.
3. Considering the reasons mentioned in the
application, so also considering the ratio laid down by the
Hon'ble Supreme Court in Imrat Lal (supra), which has further
been relied on by this Court while condoning long delay in the
case of Shalikrao Deorao Thakre (dead) thr. Lrs Vs. The State
of Maharashtra & Ors. (Civil Application (F) No. 2830/2016
with First Appeal (St) No. 20562/2015 decided on
01/02/2017), the delay is condoned, subject to the applicant
not being entitled for interest on the enhanced amount of
compensation for the period 12/03/2004 till date. Civil
Application is allowed and disposed of.
FIRST APPEAL NO. 275 OF 2005
AND
FIRST APPEAL ST. NO. 585 OF 2019
4. As the points raised in these appeals have already
been decided, the appeals which arose out of the same
judgment and award are taken up for final disposal with the
consent of learned counsel for the parties.
5. Notice for final disposal is made returnable
forthwith.
6. Ms. Jaipurkar, learned A.G.P., waives notice on
behalf of State.
7. These appeals take exception to the judgment and
award dated 12/12/2003 passed by the Civil Judge, Senior
Division, Pusad in L.A.C. No. 954/1990 with another connected
matter, whereby the Reference Court enhanced compensation
@ Rs.1,25,000/- per acre, i.e., Rs.3,12,500/- per hectare for
the land bearing Survey No. 126/1/D admeasuring 1.46
hectares situated at Village Mokh, which was acquired by the
Special Land Acquisition Officer under L.A.C. No. 5/65/85-86
of Village Mokh for the purpose of extension of living area
(gaothan) of Village Mokh, i.e., establishment of new gaothan
of Village Mokh. The date of issuance of notification under
Section 4 of the Land Acquisition Act was 13/02/1986, and the
award was declared on 13/12/1987.
8. The learned counsel on behalf of both the sides
drew attention of this Court to the judgment of this Court
delivered in the case of Deosing s/o Gobra Rathod (dead) thr.
LRs Vs. The State of Maharashtra and Ors. (First Appeal No.
348/2003 decided on 17/10/2018) wherein this Court
adjudicated the enhanced compensation @ Rs.6,50,000/- per
hectare for the land bearing Survey No. 126/1-A situated at
Village Mokh, Taluka Digras, District Yavatmal.
It is further stated that the Hon'ble Supreme Court
in the case of Baliram Vs. The State of Maharashtra & Ors.
(Civil Appeal No(s) 5146-5147/2011 decided on 11/04/2018)
determined the rate for the land situated at Village Mokh,
which was acquired under notification dated 25/09/1986, @
Rs.6,50,000/- per hectare.
9. Considering the aforesaid facts, as the subject
matter of the appeals is similarly situated to the subject matter
in the above cited appeals, there is no reason for this Court to
take a different view.
10. In this view of the matter, the State's appeal, i.e.,
First Appeal No. 275/2005 needs to be dismissed for want of
merits and the same is accordingly dismissed. Consequently,
the claimant's appeal, i.e., First Appeal St. No. 585/2019 is
allowed, and the impugned judgment and order dated
12/12/2003 passed by the Civil Judge, Senior Division, Pusad
in L.A.C. No. 954/1990 with another connected matter, is
modified as under :
i. The State shall pay compensation to the claimant
for the acquired land @ Rs.6,50,000/- per hectare with all
other statutory benefits by deducting therefrom the
compensation which has already been received by the
claimant.
ii. Needless to say that the claimant is not entitled for
interest for the delayed period, i.e., from 12/03/2004 till date.
iii. The appeal be registered for the statistical
purposes.
iv. Both the appeals stand disposed of. No costs.
JUDGE
******
Sumit
