Bombay High Court

Dharma Kadappa Tigade L.Rs. Kisan ... vs The State Of Mah And Ors on 5 April, 2022

Bench: R. G. Avachat

                                              First Appeal No.876/2007
                                                 with connected appeals
                                   :: 1 ::


           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD


                        FIRST APPEAL NO.876 OF 2007

 1.       Manik Sambhaji Salunke,
          Deceased, through L.Rs.

 1A)      Vinayak s/o Manikrao Salunke,
          Age 67 years, Occu. Agri.,
          R/o Dhanuri, Tq. Lohara,
          Dist. Osmanabad

 1B)      Vyankat s/o Manik Salunke,
          Age 64 years, Occu. Agri.,
          R/o Harali, Tq. Lohara,
          Dist. Osmanabad

 2.       Laxman Maruti Salunke,
          Age 89 years, Occu. Agri.,
          R/o Dhanuri, Tq. Lohara,
          Dist. Osmanabad                     ... APPELLANTS

          VERSUS

 1.       The State of Maharashtra
          through Collector, Osmanabad,
          Tq. & Dist. Osmanabad
          (Copy to be served on Govt.
          Pleader, High Court of Judicature
          of Bombay, Bench at Aurangabad)

 2.       The Special Land Acquisition Officer,
          Medium Project, Osmanabad
          Tq. & Dist. Osmanabad

 3.       The Executive Engineer,
          Minor Irrigation Department,
          Osmanabad,
          Tq. & Dist. Osmanabad               ... RESPONDENTS

                             .......

Shri P.S. Chavan, Advocate for appellants Shri S.N. Morampalle, A.G.P. for respondents

First Appeal No.876/2007 with connected appeals :: 2 ::

.......

WITH

FIRST APPEAL NO.882 OF 2007

1. Bhaurao s/o Bhiva Tigade, Died through L.Rs.

1A) Dagadu Bhaurao Dhangar (Tigade) Age 67 years, Occu. Agri.

1B) Bhagabai Hari Ghodke, Age 69 years, Occu. Household

1C) Sheshabai Bhanudas Gund, Age 68 years, Occu. Household

1-D) Bhamabai Maschindra Hede, Age 66 years, Occu. Household

1-E) Padmini Maschindra Gund, Age 62 years, Occu. Household

1-F) Sukumar Venkat Chivre, Age 60 years, Occu. Agri.

All R/o Dhanuri, Tq. Lohara, Dist. Osmanabad ... APPELLANTS

VERSUS

1. The State of Maharashtra through Collector, Osmanabad, Tq. & Dist. Osmanabad (Copy to be served on Govt. Pleader, High Court of Judicature of Bombay, Bench at Aurangabad)

2. The Special Land Acquisition Officer, Medium Project, Osmanabad Tq. & Dist. Osmanabad

3. The Executive Engineer,

First Appeal No.876/2007 with connected appeals :: 3 ::

Minor Irrigation Department, Osmanabad, Tq. & Dist. Osmanabad ... RESPONDENTS

.......

Shri P.S. Chavan, Advocate for appellants Shri S.N. Morampalle, A.G.P. for respondents .......

WITH

FIRST APPEAL NO.883 OF 2007

1. Rama @ Ravan s/o Tuka Bankar Died through L.Rs.

1A) Amrut s/o Rawan Bankar, Age adult, Occu. Agri., R/o Dhanuri, Tq. Lohara, Dist. Osmanabad

1B) Vasant s/o Rawan Bankar, Age adult, Occu. Agri., R/o Harali, Tq. Lohara, Dist. Osmanabad ... APPELLANTS

VERSUS

1. The State of Maharashtra through Collector, Osmanabad, Tq. & Dist. Osmanabad (Copy to be served on Govt. Pleader, High Court of Judicature of Bombay, Bench at Aurangabad)

2. The Special Land Acquisition Officer, Medium Project, Osmanabad Tq. & Dist. Osmanabad

3. The Executive Engineer, Minor Irrigation Department, Osmanabad, Tq. & Dist. Osmanabad ... RESPONDENTS

First Appeal No.876/2007 with connected appeals :: 4 ::

.......

Shri P.S. Chavan, Advocate for appellants Shri S.N. Morampalle, A.G.P. for respondents .......

WITH

FIRST APPEAL NO.888 OF 2007

1. Dadarao Devba Wadje Died through L.Rs.

1A) Subabai w/o Dadarao Wadje Age 72 years, Occ. Household, R/o Dhanuri, Tq. Lohara, Dist. Osmanabad

1B) Chayabai w/o Vasant Dhanure, Age 37 years, Occu. Household R/o Harali, Tq. Lohara, Dist. Osmanabad

1C) Meena w/o Govind Dhanure, Age 34 years, Occu. Household R/o Harali, Tq. Lohara, Dist. Osmanabad

2. Vyankat Nagba Wadje, Died through L.Rs.

2A) Shantabai w/o Vyankat Wadje, Age 62 years, Occu. Household R/o Dhanuri, Tq. Lohara, Dist. Osmanabad

2B) Trimbak Vyankat Wadje, Age 37 years, Occu. Agri., R/o Dhanuri, Tq. Lohara, Dist. Osmanabad ... APPELLANTS

VERSUS

1. The State of Maharashtra through Collector, Osmanabad,

First Appeal No.876/2007 with connected appeals :: 5 ::

Tq. & Dist. Osmanabad (Copy to be served on Govt. Pleader, High Court of Judicature of Bombay, Bench at Aurangabad)

2. The Special Land Acquisition Officer, Medium Project, Osmanabad Tq. & Dist. Osmanabad

3. The Executive Engineer, Minor Irrigation Department, Osmanabad, Tq. & Dist. Osmanabad ... RESPONDENTS

.......

Shri P.S. Chavan, Advocate for appellants Shri S.N. Morampalle, A.G.P. for respondents .......

WITH

FIRST APPEAL NO.889 OF 2007

1. Dharma Kadappa Tigade Died through L.R.

1A) Kisan s/o Dharma Tigade, Died through L.Rs.

1A-a) Shahubai Tukaram Landge, Age 50 years, Occu. Household

1A-b) Raubai Vilas Bansode, Age 45 years, Occu. Household

1A-c) Shivram Kisan Tigade, Age 41 years, Occu. Agri.

All R/o Dhanuri, Tq. Lohara, District Osmanabad ... APPELLANTS

VERSUS

1. The State of Maharashtra

First Appeal No.876/2007 with connected appeals :: 6 ::

through Collector, Osmanabad, Tq. & Dist. Osmanabad (Copy to be served on Govt. Pleader, High Court of Judicature of Bombay, Bench at Aurangabad)

2. The Special Land Acquisition Officer, Medium Project, Osmanabad Tq. & Dist. Osmanabad

3. The Executive Engineer, Minor Irrigation Department, Osmanabad, Tq. & Dist. Osmanabad ... RESPONDENTS

.......

Shri P.S. Chavan, Advocate for appellants Shri S.N. Morampalle, A.G.P. for respondents .......

WITH

FIRST APPEAL NO.1016 OF 2007

1. Gana Sidhu Bankar Died through L.R.

1A) Shankar s/o Ganpati @ Gana Bankar, Age 77 years, Occu. Agri., R/o Dhanuri, Tq. Lohara, Dist. Osmanabad ... APPELLANT

VERSUS

1. The State of Maharashtra through Collector, Osmanabad, Tq. & Dist. Osmanabad (Copy to be served on Govt. Pleader, High Court of Judicature of Bombay, Bench at Aurangabad)

2. The Special Land Acquisition Officer, Medium Project, Osmanabad Tq. & Dist. Osmanabad

First Appeal No.876/2007 with connected appeals :: 7 ::

3. The Executive Engineer, Minor Irrigation Department, Osmanabad, Tq. & Dist. Osmanabad ... RESPONDENTS

.......

Shri P.S. Chavan, Advocate for appellants Shri S.N. Morampalle, A.G.P. for respondents .......

CORAM : R. G. AVACHAT, J.

Date of reserving judgment : 24th November, 2021 Date of pronouncing judgment : 5th April, 2022

JUDGMENT:

This group of appeals is being decided by this

common judgment and order since common questions of facts

and law arise therein. The appeals in this group have been

preferred under Section 54 of the Land Acquisition Act, 1894

(for short Act). The appellants herein were the owners of the

agricultural lands acquired for Dhanuri Project way back in

1972 accepting amount of compensation offered by the Land

Acquisition Officer under protest. The appellants herein had

preferred respective Land Acquisition References (L.A.Rs.).

The leaned Civil Judge, Senior Division, Omerga, vide his

common judgment and award dated 8/4/2007, allowed those

First Appeal No.876/2007 with connected appeals :: 8 ::

references, enhancing the amount of compensation by

Rs.250/- per hector. Having not been satisfied with the

amount of compensation enhanced by the Reference Court,

the present appeals have been preferred for further

enhancement.

2. Heard learned counsel for the parties. Perused

the impugned judgment and award. Gone through the

evidence relied on.

Admittedly, the agricultural lands belonging to the

appellants herein were acquired for Dhanuri Project way back

in 1972. Notification under Section 4 of the Act was published

in August 1971. The award came to be passed in January

1974. Since it was acquisition that dates back in 1970s, the

quantum of compensation offered appears to be meagre, that

might have, however, been equal to the then market price of

the lands acquired.

3. These appeals could very well be disposed of in

view of common judgment and award passed by Reference

Court on 26/3/1992 in L.A.R. No.126/1983 to 129/1983.

Admittedly the lands comprised in those references were

situated at very village. Those lands came to be acquired for

First Appeal No.876/2007 with connected appeals :: 9 ::

the very purpose of Dhanuri Project. Proceeding for

acquisition of the lands comprised in those references and the

lands - subject matter of the present appeal were one and the

same. In view of the principle of parity, the appellants are,

therefore, entitled to enhancement in the amount of

compensation equal to that of granted by the Reference Court

vide its judgment and award dated 26/3/1992 passed in

L.A.R. No.126/1983 to 129/1983. The Reference Court

granted enhanced compensation @ Rs.3500/- per acre plus all

consequential benefits such as 30% solatium and component

of interest. Similar treatment needs to be given to the

present appeals.

4. In view of the same, the appeals are allowed in

terms of the following order :

ORDER

(i) The amount of compensation granted by the

Reference Court in respective Land References is

enhanced to Rs.3500/- per acre (inclusive of the

amount of compensation offered by the Special Land

Acquisition Officer and enhanced by the Reference

Court).