Bombay High Court
The State Of Mah Thr Spl Land Acq ... vs Sanjay Arjun Shelke on 5 May, 2021
Bench: Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.990 OF 2005
1) Special Land Acquisition Officer (I),
Upper Tapi Project, Hatnur,
Jalgaon,
2) The Executive Engineer,
Waghur Dam Division, Jalgaon,
3) The Collector, Jalgaon.
...APPELLANTS
(Orig. Respondents)
VERSUS
Shri Govinda Namdev Kumawat,
Since deceased through L.R.s,
1) Lilabai Govinda Kumawat,
Age-57 years, Occu:Agriculture,
2) Ramesh Govinda Kumawat,
Age-34 years, Occu:Agriculture,
3) Raju Govinda Kumawat,
Age-30 years, Occu:Agriculture,
4) Subhash Govinda Kumawat,
Age-24 years, Occu:Agriculture,
5) Sau. Kamalabai Mahadu Kumawat,
Age-42 years, Occu:Agriculture,
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6) Sau. Saralabai Janardhan Kumawat,
Age-30 years, Occu:Agriculture,
All R/o-Nerk Bk., Taluka-Jamner,
District-Jalgaon.
...RESPONDENTS
(Orig. Claimants)
...
Mr. S.S. Dande, AGP for Appellants.
None present for Respondents though served.
...
AND
FIRST APPEAL NO.991 OF 2005
1) Special Land Acquisition Officer (I),
Upper Tapi Project, Hatnur,
Jalgaon,
2) The Executive Engineer,
Waghur Dam Division, Jalgaon,
3) The Collector, Jalgaon.
...APPELLANTS
(Orig. Respondents)
VERSUS
1) Amrut Tukaram Patil,
Age-16 years, Occu:Nil,
R/o-Neri Bk., Taluka-Jamner,
District-Jalgaon,
2) Kusumbai Tukaram Patil,
mother Guardian of Amrut Tukaram Patil,
Age-71 years, R/o-Neri Bk.,
Taluka-Jamner, District-Jalgaon.
...RESPONDENTS
(Orig. Claimants)
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...
Mr.B.V. Virdhe, AGP for Appellants.
None present for Respondents though served.
...
AND
FIRST APPEAL NO.992 OF 2005
1) Special Land Acquisition Officer (I),
Upper Tapi Project, Hatnur,
Jalgaon,
2) The Executive Engineer,
Waghur Dam Division, Jalgaon,
3) The Collector, Jalgaon.
...APPELLANT
(Orig. Respondents)
VERSUS
Sanjay Arjun Shelke,
Age-62 years, Occu:Agriculture,
R/o-Neri Bk., Taluka-Jamner,
District-Jalgaon.
...RESPONDENT
(Orig. Claimant)
...
Mr. S.S. Dande, AGP for Appellants.
None present for Respondent though served.
...
AND
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FIRST APPEAL NO.993 OF 2005
1) Special Land Acquisition Officer (I),
Upper Tapi Project, Hatnur,
Jalgaon,
2) The Executive Engineer,
Waghur Dam Division, Jalgaon,
3) The Collector, Jalgaon.
...APPELLANTS
(Orig. Respondents)
VERSUS
Rukhmanbai Pundalik Pathekar,
Since deceased through L.R.s,
1) Deepak Rajendra Bhalerao,
Age-03 years, Occu:Nil,
2) Mahesh Rajendra Bhalerao,
Age-02 years, Occu:Nil,
3) Mangalabai Rajendra Bhalerao,
Age-24 years, Occu:Agriculture,
Applicant No.3 for herself and as
Guardian of applicant No. 1 & 2,
All R/o-Chincholi,
Taluka and District-Jalgaon,
4) Dnyaneshwar Shantaram Patil,
Age-24 years, Occu:Agriculture,
R/o-Chincholi,
Taluka and District-Jalgaon,
5) Bebibai W/o Subhash Waghode,
Age-32 years, Occu:Agriculture,
R/o-Manurabad,
Taluka and District-Jalgaon,
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6) Ratnabai W/o Bapu Sagar,
Age-26 years, Occu:Agriculture,
R/o-Kalamsara, Taluka-Pachora,
District-Jalgaon,
7) Sunanda W/o Uttam Bhalerao,
Age-22 years, Occu:Agriculture,
R/o-Jalandri, Taluka-Jamner,
District-Jalgaon.
8) Yenubai W/o Eknath Shinde,
Age-52 years, Occu:Agriculture,
R/o-Lahasar, Taluka-Jamner,
District-Jalgaon,
9) Mathurabai W/o Namdeo Mahajan,
Age-48 years, Occu:Agriculture,
R/o-Salshingi, Taluka-Bodwad,
District-Jalgaon,
10) Pundalik Goba Pathekar,
Age-78 years, Occu:Nil,
R/o-Neri, Taluka-Jamner,
District-Jalgaon,
Through GPA Raghunath Eknath
Shinde, R/o-Ansar,
Taluka-Jamner, District-Jalgaon.
...RESPONDENTS
(Orig. Claimants)
...
Mr.B.V. Virdhe, AGP for Appellants.
None present for Respondents though served.
...
AND
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FIRST APPEAL NO.994 OF 2005
1) Special Land Acquisition Officer (I),
Upper Tapi Project, Hatnur,
Jalgaon,
2) The Executive Engineer,
Waghur Dam Division, Jalgaon,
3) The Collector, Jalgaon.
...APPELLANTS
(Orig. Respondents)
VERSUS
Jankiram Lotu Ghodape,
Age-53 years, Occu:Agriculture,
R/o-Neri Bk., Taluka-Jamner,
District-Jalgaon.
...RESPONDENT
(Orig. Claimant)
...
Mr. S.S. Dande, AGP for Appellants.
None present for Respondents though served.
...
AND
FIRST APPEAL NO.996 OF 2005
1) Special Land Acquisition Officer (I),
Upper Tapi Project, Hatnur,
Jalgaon,
2) The Executive Engineer,
Waghur Dam Division, Jalgaon,
3) The Collector, Jalgaon.
...APPELLANTS
(Orig. Respondents)
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VERSUS
Gangubai Supdu Kumbahr,
Age-59 years, Occu:Agriculture,
R/o-Neri Bk., Taluka-Jamner,
District-Jalgaon.
...RESPONDENT
(Orig. Claimant)
...
Mr.B.V. Virdhe, AGP for Appellants.
None present for Respondents though served.
...
AND
FIRST APPEAL NO.997 OF 2005
1) Special Land Acquisition Officer (I),
Upper Tapi Project, Hatnur,
Jalgaon,
2) The Executive Engineer,
Waghur Dam Division, Jalgaon,
3) The Collector, Jalgaon.
...APPELLANTS
(Orig. Respondents)
VERSUS
Sakhubai Mohan Kumawat,
Age-58 years, Occu:Agriculture,
R/o-Neri Bk., Taluka-Jamner,
District-Jalgaon.
...RESPONDENT
(Orig. Claimant)
...
Mr.S.S. Dande, AGP for Appellants.
None present for Respondents though served.
...
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AND
FIRST APPEAL NO.998 OF 2005
1) Special Land Acquisition Officer (I),
Upper Tapi Project, Hatnur,
Jalgaon,
2) The Executive Engineer,
Waghur Dam Division, Jalgaon,
3) The Collector, Jalgaon.
...APPELLANTS
(Orig. Respondents)
VERSUS
Shamrao Bandu Kumawat,
Age-69 years, Occu:Agriculture,
R/o-Neri Bk., Taluka-Jamner,
District-Jalgaon.
...RESPONDENT
(Orig. Claimant)
...
Mr.B.V. Virdhe, AGP for Appellants.
None present for Respondent.
...
AND
FIRST APPEAL NO.999 OF 2005
1) Special Land Acquisition Officer (I),
Upper Tapi Project, Hatnur,
Jalgaon,
2) The Executive Engineer,
Waghur Dam Division, Jalgaon,
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3) The Collector, Jalgaon.
...APPELLANTS
(Orig. Respondents)
VERSUS
Shri Laxman Kautik Divare,
Since deceased through L.R.s,
1) Rukhmanbai Laxman Divare,
Age-45 years, Occu:Agriculture,
2) Aasha Murlidhar Patil,
Age-23 years, Occu:Nil,
3) Usha Vilas Patil,
Age-21 years, Occu:Nil,
4) Chhaya Laxman Divare,
Age-23 years, Occu:Nil,
5) Ranjana Laxman Divare,
Age-21 years, Occu:Nil,
6) Avinash Laxman Divare,
Age-18 years, Occu:Nil,
All R/o-Kusumba,
Taluka and District-Jalgaon.
...RESPONDENTS
(Orig. Claimants)
...
Mr. S.S. Dande, AGP for Appellants.
None present for Respondents though served.
...
CORAM: ANIL S. KILOR, J.
DATE : 5th MAY, 2021
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ORAL ORDER :
1. The present Appeals are arising out of the
Judgments and Award dated 30th April 2005 passed by the
Civil Judge, Senior Division, Jalgaon, in Land Acquisition
Reference Nos.184 of 2001, 183 of 2001, 182 of 2001, 174 of
2001, 176 of 2001, 188 of 2001, 191 of 2001, 177 of 2001
and 186 of 2001, enhancing the amount of compensation for
the acquired lands. All these appeals are arising out of the
same project and same acquisition proceedings.
2. The lands in question are acquired for the purpose
of submergence of Waghur Project, District-Jalgaon. The
Section 4 Notification was issued on 12 th June 1997.
Thereafter, Award was passed on 13th March 2000. Feeling dis-
satisfied with the amount of compensation granted by the
Special Land Acquisition Officer, References were preferred
under Section 18 of the Land Acquisition Act, 1894 in which
the amount has been enhanced to the tune of Rs.1,22,000/-
per hectare from Rs./-77,400/-. The said Judgments and
Awards are under challenge in these Appeals.
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3. I have heard the learned AGP for the appellant-
State of Maharashtra. None present for the respondents-
claimants.
4. The only ground challenging the impugned
Judgments and Awards is that, the amount granted by the
learned Reference Court is exorbitant and further the learned
Reference Court failed to consider the sale instances
considered by the Special Land Acquisition Officer while
issuing the awards.
5. To consider the contentions raised by the learned
AGP, I have gone through the record and proceedings and also
perused the impugned Judgments and Awards.
6. After going through the Judgments and Awards, it
is reveled that the learned Reference Court has scrutinized the
oral as well as documentary evidence available on record in
detail, while determining the market value. The learned
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Reference Court has also considered the relevant factors
which are to be taken into consideration as per the well
settled principles of law, while arriving at a just and fair
compensation.
7. Learned Reference Court relied upon the Judgment
of the Hon'ble Supreme Court of India in the case of
Trivenidevi vs. Collector1, and accordingly considered
various factors and guidelines together with methodology to
arrive at a finding regarding market value, which is recorded
in Para 15 of the impugned Judgment. The learned Reference
Court also considered the other Judgments of the Apex Court
and the High Courts and recorded its appreciation of oral as
well as documentary evidence in Para 25 onwards of the
Judgment. It was observed that there were as many as 60
transactions of sale instances of lands between the period
from 11th June 1994 to 12th June 1997 and the market value
was ranging from Rs.37037/- per hectare upto Rs.6,60,060/-
per hectare. The learned Reference Court, taking the sale
instances from the proximity angle of time, decided the
1 AIR 1972 SC 1417
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market value as Rs.1,22,000/- per hectare, which according
to me, is just and fair.
8. Nothing has been brought on record by the
appellant in these matters to show contrary or to show
perversity in the findings recorded by the learned Reference
Court. In that view of the matter, I do not find any merit in
the present matters.
9. Moreover, there is one additional reason for
dismissal of these appeals and the same is that, now, i n view
of the policy decision of the State Government, as per
Government Resolution dated 3rd November 2016 and
corrigendum issued to the to the same, whereby it was resolved
not to file or contest any appeal wherein the amount is well
within four times. There is no dispute that in these matters
enhanced amount of compensation is well within four times than
the amount awarded by the Special Land Acquisition Officer and
therefore, on this count also, I do not find any reason to
interfere with the Judgments and awards impugned in the
present matters.
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10. Thus, for the reasons recorded herein above, I do
not find any error committed by the learned Reference Court
in these matters. Accordingly all the Appeals are dismissed.
No order as to costs. Pending Civil Applications, if any, are
also disposed of.
[ANIL S. KILOR, J.]
asb/MAY21
