Bombay High Court
The Executive Engineer, Minor ... vs Vinayak Gyanoba Kachve And Others on 8 September, 2021
Bench: R. G. Avachat
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 2332 OF 2016
The Executive Engineer,
Medium Irrigation Project, Latur
through Godavari Marathwada Irrigation
Development Corporation, Aurangabad ... Appellant
Versus
1. Rajeshwar Madhavrao Patil
Age: Major, Occup. Agriculturist,
2. Dilip Madhavrao Patil
Age: Major, Occup. Agriculturist,
3. Rohidas Madhavrao Patil,
Age: Major, Occup. Agriculturist,
4. Ganesh Madhavrao Patil
Age: Major, Occup: Agriculturist
5. Girish Madhavrao Patil,
Age: Major, Occup: Agriculturist,
All R/o. Lanji, Tq. Ahmedpur, Dist. Latur
6. The State of Maharashtra,
Through The Collector, Latur ... Respondents
WITH
FIRST APPEAL NO. 2333 OF 2016
The Executive Engineer
Minor Irrigation Project, Latur
through Godavari Marathwada Irrigation
Development Corporation, Aurangabad ... Appellant
Versus
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1. Babu Dasharath Kadam
Age: Major, Occup. Agriculturist,
R/o. Tambatsangavi, Tq. Ahmadpur,
Dist. Latur
2. The State of Maharashtra
Through The Collector, Latur
3. The Special Land Acquisition
Officer, Purna Project, Latur ... Respondents
(R.No.1 is orig.Claimant,
R.No. 2 & 3 are orig. Resp.)
WITH
FIRST APPEAL NO. 2334 OF 2016
The Executive Engineer
Minor Irrigation Project, Latur
through Godavari Marathwada Irrigation
Development Corporation, Aurangabad ... Appellant
Versus
1. Vinayak Gyanoba Kachve
Age: Major, Occup: Agriculturist,
R/o. Tambatsangavi, Tq. Ahmadpur,
Dist. Latur
2. The State of Maharashtra
Through The Collector, Latur
3. The Special Land Acquisition
Officer, Purna Project, Latur ... Respondents
(R.No.1 is orig.Claimant,
R.No. 2 & 3 are orig. Resp.)
....
Mr. S. G. Bhalerao, Advocate for appellant
Mr. V. P. Latange, Advocate for respondents-claimants
Mr. A. M. Phule, AGP for the State
....
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CORAM : R. G. AVACHAT, J.
RESERVED ON : 06th JULY, 2021
PRONOUNCED ON : 08th SEPTEMBER, 2021
O R D E R :-
. The acquiring body - Minor Irrigation Project, Latur,
through Godavari Marathwada Irrigation Development Corporation,
Aurangabad, has preferred these appeals against the judgment and
award dated 16.11.2013, passed by the learned Joint Civil Judge,
Senior Division, Ahmedpur, in Land Acquisition Reference (L.A.R.)
Nos. 468, 693 and 694 of 2008.
2. Lands subject matters of these appeals have been
acquired for construction of storage tank at village Lanji, Taluka
Ahmedpur, District Latur. Having been dissatisfied with the amount
of compensation offered by the Land Acquisition Officer(s), the land
owners - respondents herein preferred L.A.Rs. The learned
Reference Court, on appreciating the evidence in the matters, partly
allowed the L.A.Rs. The acquiring body has, therefore, preferred
these appeals.
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3. Shri S. G. Bhalerao, learned Advocate for the appellant
would submit that the Reference Court has blindly relied on the case
laws pressed into service on behalf of the land owners. The amount
of compensation, therefore, came to be enhanced manifold and
without any rational. He would also submit that the interest under
Section 34 and/or Section 28 of the Land Acquisition Act, 1894 (for
short 'the Act'), has been awarded from the date of publication of
notification issued under Section 4 of the Act i.e. from 04.11.2004
and 30.11.2004. The said direction is inconsistent with Full Bench
judgment of this Court in the case of State of Maharashtra v. Kailash
Shiva Rangari - AIR 2016 BOMBAY 141. The learned Advocate,
therefore, urged for allowing the appeals.
4. Shri V. P. Latange, learned Advocate for the respondents -
claimants would, on the other hand, submit that the Reference Court
has passed well reasoned orders. There is, therefore, no reason to
interfere therewith.
5. 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.
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6. Perusal of the impugned awards lead me to make
interference therewith only to the directions contained therein
regarding grant of interest from the date of notification under
Section 4 of the Act i.e. 04.11.2004 and 30.11.2004. 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."
7. 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 04.11.2004 and 30.11.2004. The award under
Section 11 of the Act has been passed on 18.09.2007 and
27.11.2007. The interest therefore ought to have been awarded
from the date of award and not publication of the notification under
Section 4 of the Act. To this extent, the impugned awards are
modified as under.
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8. In First Appeal No. 2232 of 2016, the date 30.11.2004
appearing in Clause [ b ] of the impugned award dated 16.11.2013,
is replaced by the date 27.11.2004. Thereafter, in the very Clause,
the date 30.11.2005 is replaced by the date 26.11.2008 and the date
01.12.2005 is replaced with the date 27.11.2008.
9. In First Appeal No. 2333 of 2016 and First Appeal
No.2334 of 2016, the date 30.11.2004 appearing in Clause [ b ] of
the impugned award dated 16.11.2013 is replaced by the date
18.09.2007. Thereafter, in the very Clause, the date 30.11.2005 is
replaced by the date 15.11.2014 and the date 01.12.2005 is replaced
with the date 18.09.2007.
10. Rest of the terms of the impugned awards to stand
unaltered.
11. 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 to the acquiring body-appellant in these appeals.
12. The First Appeals are accordingly disposed of.
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13. Civil Application Nos. 247/2016, 245/2016 and
242/2016 are disposed of as not pressed. Other pending Civil
Applications are also disposed of.
[ R. G. AVACHAT, J. ]
SMS
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