Madhav Laxman Suryawanshi vs The State Of Maharashtra And Ors
2022 Latest Caselaw 8268 Bom

                                             1
                                                                       1711.21FA

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                               FIRST APPEAL NO. 1711 OF 2021

          Madhav S/o Laxman Suryawanshi
          Age : Major, Occ : Agri.,
          R/o Dudh Sankalen Kendra,
          Kardkhed, Tq. Deglur,
          Dist. Nanded
          .                                             APPELLANT
                                                  (Original Claimant)
                   VERSUS

          1.       The State of Maharashtra
                   Through the District Collector,
                   Nanded.

          2.       The Special Land Acquisition Officer,
                   Krishna Khore, Collector Office,
                   Nanded.

          3.   The Executive Engineer,
               Vishnupuri Project Division No.1,
               Nanded.
          .                                   ...RESPONDENTS
                                        ...
          Advocate for Appellant : Mr.A.A. Joshi h/f Mr. S.V. Natu
          AGP for respondent nos.1 and 2 : Mr.S.S. Dande
          Advocate for respondent no.3 : Mr.Suresh W. Mundhe
                                       ...
                                  CORAM : S.G.DIGE, J.

                                        RESERVED ON : 20/07/2022
                                        PRONOUNCED ON : 23/08/2022

          JUDGMENT :

The challenge in this appeal is to the judgment

1711.21FA

and award passed by the Civil Judge, Senior Division,

Kandhar in L.A.R. No.39/2004.

2. Brief facts of the case are as under :-

The house no.136 admeasuring 56.80 Sq. Mtrs of

appellant was acquired by the respondent authorities. The

compensation of Rs.1,53,375/- was awarded against the

said acquisition by the Special Land Acquisition Officer.

Feeling aggrieved, the appellant filed a reference under

section 18 of the Land Acquisition Act, 1894 (for short,

"L.A. Act") before the Civil Judge, Senior Division, Kandhar.

The Reference Court allowed the Reference of the appellant

and enhanced the compensation to Rs.2,04,500/-. Against

the said judgment and order, the present appeal.

3. The learned counsel for the appellant submits

that this Court has already decided 49 appeals connected

with this appeal. He has placed on record the copy of the

common order dated 30th March, 2022 passed by this Court

1711.21FA

(Coram : Shrikant D. Kulkarni, J) in First Appeal

No.1712/2021 and others and the common order dated 2 nd

August, 2017 passed by this Court (Coram : V.K. Jadhav, J)

in First Appeal No.669/2015 and others.

4. Mr.S.S. Dande, the learned A.G.P. for

respondent nos.1 and 2 and M.S.W. Mundhe, learned

counsel for respondent no.3 fairly submitted that this

appeal is arising out of the same project, same notification

and same village of which the appeals are disposed of by

this Court.

5. Considering the submissions of all the learned

counsel and the decisions given by this Court, there is no

need to go into details of these appeals, when this Court has

already decided group of appeals by recording detailed

reasons. In view of the above, I do not see any reason to

take different view. Hence I pass the following order :-

ORDER

(A) The appeal is partly allowed.

(B) The Judgment and award passed by the Reference

1711.21FA

Court in L.A.R. No.39/2004 stands modified as

under :-

(i) The appellant/claimant is entitle for compensation

at enhanced rate by giving rise of 40% more for

construction costs and compensation for the open

space at the enhanced rate of Rs.80/- per sq. mtrs.

(ii) The appellant/claimant is further entitle for all the

statutory benefits as awarded by the Reference

Court except the interest from the date of section 4

notification under sections 28 and 34 of the Land

Acquisition Act.

(iii) The appellant/claimant is however entitle to get

interest under sections 28 and 34 of the Land

Acquisition Act from the date of award till

realization of the amount.

(iv) The amount earlier paid by the acquiring body

shall be deducted while making calculation of

enhanced compensation. The appellant/claimant

would get remaining difference amount in above

terms.

1711.21FA

(v) The civil application, if any, also stands disposed

of.

(vi) No order as to costs.

(vii) The award be modified accordingly.

(viii) The first appeal stands disposed of.

[S.G.DIGE] JUDGE

SGA/-