Bombay High Court
Tulshiram Baliram Gaikwad vs The State Of Maharashtra And Ors on 29 August, 2022
Bench: S. G. Dige
1 F.A. No. 4253-2017-odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 4253 OF 2017
Tulshiram S/o Baliram Gaikwad,
Age : 79 Years, Occ. Agriculture,
R/o. Marajwadi Tq. Mukhed,
District Nanded.
VERSUS
1. The State of Maharashtra,
Through District Collector,
Nanded, Dist. Nanded.
2. The Executive Engineer,
Vishnupuri Prakalp Division No.1,
Degloor Tq. Degloor, Dist. Nanded.
3. The Special Land Acquisition Ofcer,
Minor Irrigation Works, Nanded.
WITH
FIRST APPEAL NO. 4208 OF 2017
Navnath S/o Vithal Gaikwad,
Died through his L.Rs.
1. Jijabai W/o Navnath Gaikwad,
Age : 64 Years, Occ. Agriculture
2. Dipak S/o Navnath Gaikwad,
Age : 40 Years, Occ. Agriculture
3. Maroti S/o Navnath Gaikwad,
Age : 38 Years, Occ. Agriculture
All Resident of Marajwadi Tq. Mukhed,
Dist. Nanded. ..APPELLANTS
(Orig. Claimants)
VERSUS
1. The State of Maharashtra,
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2 F.A. No. 4253-2017-odt
Through District Collector,
Nanded Dist. Nanded.
2. The Executive Engineer,
Vishnupuri Prakalp Division No.1,
Degloor, Tq. Degloor Dist. Nanded.
3. The Special Land Acquisition Ofcer,
Minor Irrigation Works, Nanded. .. RESPONDENTS
( Orig. Respondents)
WITH
FIRST APPEAL NO. 4256 OF 2017
Vithal S/o Govind Sonkamble,
Died through L.Rs.
1. Dhondiba S/o Vithal Sonkamble,
Age : 58 Years, Occ. Labour
R/o. Marajwadi Tq. Mukhed,
District Nanded, at present
Gautam Nagar, Saidham Housing Society,
Room No. 515, MIDC Road No.7,
Andheri ( East) Mumbai-93.
2. Sow. Gangabai W/o Pandhari Kamble,
Age : 50 Years, Occ. Household,
R/o. Raikur Camp Mandal Rudrur,
Tq. Bodhan Dist. Nizamabad
( Telanganna State )
4. Shobha W/o Samrat Kamble,
Age : 37 Years, Occ. Household,
R/o. Pimpalkunta Tq. Yeoti,
Tq. Mukhed Dist. Nanded. ..APPELLANT
(Orig. Claimant)
VERSUS
1. The State of Maharashtra,
Through District Collector,
Nanded Dist. Nanded.
2. The Executive Engineer,
Vishnupuri Prakalp Division No.1,
Nanded.
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3 F.A. No. 4253-2017-odt
3. The Special Land Acquisition Ofcer,
Minor Irrigation Works, Nanded.
WITH
FIRST APPEAL NO. 4257 OF 2017
Venkati S/o Vithal Gaikwad,
Age : 49 Years, Occ. Agriculture
R/o. Marajwadi Tq. Mukhed,
Dist. Nanded.
VERSUS
1. The State of Maharashtra,
Through District Collector,
Nanded, Dist. Nanded.
2. The Executive Engineer,
Vishnupuri Prakalp Division No.1,
Degloor, Tq. Degloor Dist. Nanded.
3. The Special Land Acquisition Ofcer,
Minor Irrigation Works, Nanded. RESPONDENTS
(Orig. Respondents)
WITH
FIRST APPEAL NO. 1913 OF 2022
Vitthal S/o Mhayasaji Gadarao,
Age : 59 Years, Occ. Agriculture,
R/o. Marajwadi Tq. Mukhed,
Dist. Nanded.
V ERSUS
1. The State of Maharashtra,
Through District Collector,
Nanded, Dist. Nanded.
2. The Executive Engineer,
Lendi Project, Division Degloor,
Tq. Degloor, Dist. Nanded.
3. The Special Land Acquisition Ofcer,
Minor Irrigation Works, Nanded. RESPONDENTS
( Orig. Respondents)
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4 F.A. No. 4253-2017-odt
CORAM : S. G. DIGE, J.
RESERVED ON : 20.07.2022
PRONOUNCED ON : 29.08.2022
.....
Shri. V. B. Bilolikar, Advocate for appellants in
all appeals.
Shri. S. S. Dande, AGP for Respondent Nos.1 and 3
in F.A. 4253, 4256, 4257 and 4208 of 2017
and for Respondent No.1 & 2 in F.A. 1913 of 2022
Smt. Sunita D. Shelke, Advocte for Respondent No.2
in First Appeal No. 4253 and 4256 of 2017
Shri. Sham B. Patil, Advocate for respondent No.2
in First Appeal No. 4257 and 4208 of 2017
Shri. Shyam C. Arora, Advocate for Respondent
No.3 in First Appeal No. 1913 of 2022
ORDER :-
All these appeals are arising out of the acquisition
made for construction of Lendi Major Project at village
Marajwadi, Tq. Mukhed, District Nanded The appellants have
filed these appeals for enhancement of compensation.
2. Learned counsel for the appellants submits that
this Court in First Appeal No. 834 of 2010 and others and First
Appeal No. 988 of 2012 and others have enhanced the rate and
determined the market value at Rs. 1,25,000/- per Hector for
non irrigated land. Hence requested to pass same order.
3. Learned AGP and learned counsel for the acquiring
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5 F.A. No. 4253-2017-odt
body I.e. Advocate Sham B. Patil, Advocate Sham C. Arora,
Advocate Sunita D. Shele submitted that appropriate orders be
passed as per submissions of learned counsel for the
appellants.
4. Considering the submissions of all learned counsel and
decisions given by this Court ( Coram : P. R. Bora, J) in First
Appeal No. 834 of 2010 and others connected First Appeals,
appellants are entitled for compensation of Rs. 1,25,000/- per
Hector for non irrigated land, Rs. 1,87,500/- for semi irrigated
land and Rs. 2,50,000/- per Hector for irrigated land.
5. The compensation be enhanced accordingly. In
respect of interest under Sections 28 and 34 of the Land
Acquisition Act, Full Bench of this Court in the case of State of
Maharashtra Vs. Kailash Shiva Rangari, 2016 (4) ALL MR
513 has held that the interest under Sections 28 and 34 of the
Land Acquisition Act can only be granted from the date of
passing of the award under Section 11 of the Act and not from
any prior date. The impugned judgment and award to the
aforesaid extend needs to be modified.
ORDER
(i) The First Appeals are partly allowed.
(ii) The appellants are entitled for the statutory benefits as
well as interest as per the provisions of the Act on the enhanced
amount of compensation from the date of declaration of the
award under Section 11 of the Act till realization of the amount.
(iii) These appeals are partly allowed in the aforesaid terms.
All Civil Applications pending if any be disposed of.
The Appellant in F.A. No. 1913 of 2022 will not be entitled
for statutory interest for the delayed period in filing the Appeal
as well for the period spent in seeking circulation for delay
condonation Application, Registry to calculate the delayed
period.
( S.G. DIGE,)
JUDGE
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