Bombay High Court
State Of Maha vs Dattatraya Ramdas Patil on 5 May, 2021
Bench: Anil S. Kilor
1 31-FA-1585-04.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.1585 OF 2004 WITH CA/5695/2006 IN FA/1585/2004
The Special Land Acquisition Officer,
U.T.P.H., Jalgaon. .. Appellant
(Original Respondent)
Versus
Dattatraya Ramdas Patil, Age 26 years,
Occu. Farmer, R/o. Shivare, Tal. Parola,
District Jalgaon. .. Respondent
(Original Claimant)
...
AND FA/1588/2004 WITH CA/5690/2006 IN FA/1588/2004
The Special Land Acquisition Officer,
U.T.P.H., Jalgaon. .. Appellant
(Original Respondent)
Versus
Shri Sitaram Pandit Patil, Age 48 years,
Occu. Farmer, R/o. Shivare, Tal. Parola,
District Jalgaon. .. Respondent
(Original Claimant)
...
AND FA/1586/2004 WITH CA/5688/2006 IN FA/1586/2004
The Special Land Acquisition Officer,
U.T.P.H., Jalgaon. .. Appellant
(Original Respondent)
Versus
Shri Bhikan Ramdas Patil, Age 48 years,
Occu. Farmer, R/o. Shivare, Tal. Parola,
District Jalgaon. .. Respondent
(Original Claimant)
...
AND FA/1587/2004 WITH CA/5689/2006 IN FA/1587/2004
The Special Land Acquisition Officer,
U.T.P.H., Jalgaon. .. Appellant
(Original Respondent)
Versus
Ashok Harchand Patil, Age 41 years,
Occu. Farmer, R/o. Shivare, Tal. Parola,
District Jalgaon. .. Respondent
(Original Claimant)
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...
Mr. B. V. Virdhe, AGP for Appellant in all the matters.
Mr. R. C. Patil, Advocate for Respondents-claimants
...
CORAM : ANIL S. KILOR, J.
DATE : 5th MAY, 2021
ORAL ORDER :-
The present Appeal is arising out of the Judgment and Award dated
02-05-2002 passed in Land Acquisition Reference No. 1 to 4 of 1994 by
the learned Reference Court, enhancing the amount of compensation for
the acquired lands.
2. The lands-in-question are acquired for the purpose of Shivara
Percolation Tank at village Shivare, Taluka Parola, District Jalgaon. The
notification under Section 4 of the Land Acquisition Act, 1894, was issued
on 14-03-1989. Thereafter, the Award was passed on 30-03-1993. Feeling
dis-satisfied with the amount of compensation granted by the Special Land
Acquisition Officer, a Reference was preferred under Section 18 of the
Land Acquisition Act, 1894, in which, the amount has been enhanced to
the tune of Rs.400/- per R from Rs.120/- per R. The said Judgment and
Award is under challenge in this Appeal.
3. I have heard the learned AGP appearing for the appellant-
State of Maharashtra and Mr. R. C. Patil, learned counsel appearing for the
respondents-claimants.
4. The only ground challenging the impugned Judgment and
Award is that, the amount granted by the learned Reference Court is
exorbitant. It is pointed out that the interest under Section 28 of the L.A.
Act ought to have granted from the date of Award but has been granted
from the date of notification under Section 4 of the L. A. Act, contrary to
Judgment of the Full Bench of this Court in a case of State of Maharashtra
Versus Kailash Shiva Rangari1.
1 2016(4) ALL MR 513 (F.B.)
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5. To consider the rival contentions of the parties, I have gone
through the record and proceedings and also the impugned Judgment and
Award.
6. After going through the Judgment and Award, 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 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. The learned Reference Court has considered the Judgment in
the case of (1) Chimanlal Versus Land Acquisition Officer, Poona and
others2, (2) Mahavir Prasad and others Versus Collector Cuttak and
others3, and other Judgments noted in the impugned Judgment and on
the basis of principles of law laid down in those Judgments, considered
the case in hand. In paragraphs No. 19 and 20 of the impugned
Judgment, the learned Reference Court has considered potentiality of the
land in the sale instances produced on record at Exhibit-22 and fixed the
amount of market value as Rs.400/- per R for Jirayat land, which is just
and fair according to me.
8. Nothing has been brought on record by the appellant in this
matter 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 matter.
9. Moreover, in view of the Government policy not to file or to
contest appeal in the matter wherein the amount awarded by the learned
Reference Court is not more than four times than the amount awarded by
SLAO, as per Government Resolution dated 03-11-2016 and subsequent
corrigendum dated 23-02-2017 issued in that regard, I am of the view that on
2 AIR 1988 SC 1652
3 AIR 1987 SC 720
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this count also the appeal needs to be dismissed.
10. However, in view of the Judgment of Full Bench in State of
Maharashtra Versus Kailash Shiva Rangari (supra), operative part of the
impugned Judgment and Award needs to be modified and the interest
awarded by learned Reference Court 'from the date of taking possession of
the land' needs to be granted 'from the date of Award'.
11. Accordingly, the present Appeal is partly allowed as under :
ORDER
(I) The First Appeals are partly allowed.
(II) The clause in regard to awarding of interest, in the operative
part of the impugned Judgment and Award, passed by the
Reference Court is modified, and, it is held that the claimants
are entitled for the interest under Section 28 of the Land
Acquisition Act, 1894, from the date of Award. For the first
year, the interest would be @ 9% per annum and for the
subsequent period, it would be @ 15% per annum till
realization of the entire amount of the Award.
(III) No order as to costs.
(IV) Pending Civil Applications stand disposed of.
( ANIL S. KILOR )
JUDGE
rrd
