Bombay High Court
The State Of Maha vs Sakharam Janardhan Gawade And Anr on 5 May, 2021
Bench: Anil S. Kilor
1 28-FA-1582-04.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 1582 OF 2004
The State of Maharashtra
Through Collector at Osmanabad .. Appellant
(Original Respondent)
Versus
1. Sakharam s/o. Janardhan Gawade, Age 29 years,
2. Ranjit s/o. Janardhan Gawade, Age 27 years,
Both Occu. Agri. and R/o. Lanjeshwar,
Taluka Bhoom, District Osmanabad. .. Respondents
(Original Claimants)
...
Mr. B. V. Virdhe, AGP for Appellant
Mr. V. S. Bedre, Advocate for Respondents-claimants
...
CORAM : ANIL S. KILOR, J.
DATE : 5th MAY, 2021
ORAL ORDER :-
The present Appeal is arising out of the Judgments and Awards
dated 16-07-2002 passed in Land Acquisition Reference No. 282 of 1997
by the learned Reference Court, enhancing the amount of compensation
for the acquired land.
2. The land-in-question is acquired for Dokewadi Medium
Project of Lanjeshwar, Taluka Bhoom, District Osmanabad. The
notification under Section 4 of the Land Acquisition Act, 1894, was issued
on 11-04-1991. Thereafter, the Award was passed on 28-02-1996. 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 total amount has been enhanced
to the tune of Rs.1000/- per R from Rs.400/- per R. The said Judgment
and Award is under challenge in this Appeal.
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3. I have heard the learned AGP for the appellant-State of
Maharashtra and Mr. V. S. Bedre, learned counsel 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.
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 Index-II Register
in respect of sale transaction made by one Ambadas Deshmukh and after
considering fertility of land and facility of irrigation, nature of crops
produced in the acquired land, has arrived at market price of Rs.40,000/-
per Acre, 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.
1 2016(4) ALL MR 513 (F.B.)
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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
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 appeal is 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.
( ANIL S. KILOR )
JUDGE
mtk
