Bombay High Court
Ramdas S/O Champatrao Jawalkar ... vs The State Of Maharashtra, Through ... on 7 December, 2022
Bench: Avinash G. Gharote
FA 847 of 2013.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO.847/2013
APPELLANTS : 1) Ramdas S/o Champatrao Jawalkar
(Ori.Pltff. on RA) Aged about 67 years, Occ. Agriculturist.
2) Pushpa Champatrao Jawalkar
Aged about 60 years, Occ. Household.
3) Shri Gajanan S/o Nivrutti Jawalkar
Aged about 47 years, Occu.
Agriculturist, No.1 to 3 R/o Dabha
Pahur, Tahsil Babhulgaon, Dist. Yavatmal.
4) Smt. Shakuntala Nivrutti Jawalkar
(Dead) through her legal Heirs.
a) Rajendra S/o Nivrutti Jawalkar
Aged about 49 years, Occ. Business.
b) Smt. Asha Janardan Polkade
Aged about 46 years, Occ. Household,
Both R/o Nigdi, Pradhikaran, Pune.
(Transport the Name of Appellant Nos.4-c, d & e
to the Array of R.Nos.4-a to c, as per the Court's
order dt. 4/9/12).
...VERSUS...
RESPONDENTS : 1) The State of Maharashtra
(Ori.Respdt.) through Collector, Yavatmal
Tahsil & Distt. Yavatmal.
2) Special Land Acquisition Officer
Minor Irrigation Works, Yavatmal
Tahsil & Distt. Yavatmal.
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3) The Executive Engineer
Bembla Project Division, Yavatmal,
Tahsil & Dist. Yavatmal.
4) Smt. Shakuntala Nivrutti Jawalkar
(Dead) through her Legal Heirs.
4a) Smt. Harsha wd/o Vijay Jawalkar
Aged about 37 yrs., Occ. Household.
4b) Ku. Ishika D/o Vijay Jawalkar,
Aged about 8 years, Occu. Student.
4c) Master Krushna S/o Vijay Jawalkar
Aged about 4 years, Occ. Student,
(b) & (c) being Minors through
Their Natural Guardian Mother
Smt. Harsha wd/o Vijay Jawalkar,
Petitioner No.4C
R/o C.R. P.F. Hingna,
Tahsil Hingna, Dist. Nagpur.
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Shri M.A. Sable, Advocate for appellants
Mrs. M.H. Deshmukh, AGP for respondent nos.1 and 2
Shri M.A. Kadu, Advocate for respondent no.3
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CORAM : AVINASH G. GHAROTE, J.
DATE : 07/12/2022
ORAL JUDGMENT
1. Heard Shri M.A. Sable, learned counsel for the
appellants, Mrs. M.H. Deshmukh, learned Assistant Government
Pleader for the respondent nos.1 and 2 and Shri M.A. Kadu, learned
counsel for the respondent no.3.
FA 847 of 2013.odt
2. The factual position in the present first appeal is as
under :-
Bembla River Project, District Yavatmal
Date of Notification under Section 4 of the Land 02/03/2000
Acquisition Act.
Villgae Dabha, Tahsil Babhulgaon, Distt. Yavatmal
Property Area of property LAO Award Dated Ref. Court
details 18/05/2003 Award Dated
02/11/2011
Gat No.243/2 3.24 HR Rs.35,944/- per Rs.1,35,000/-
hectare per hectare
Gat No.240/3/B 0.62 HR Rs.34,681/- per Rs.1,35,000/-
hectare per hectare
3. In First Appeal No.557/2007 (Murlidhar s/o Bapurao
Dehanikar Vs. The Executive Engineer, Bembla Project, Division,
Yavatmal and others) and other connected matters decided on
10/07/2012, this Court had fixed the rate of Rs.1,37,000/- for dry
crop land of village Dabha on the basis of the sale instances. This
was followed by this Court in First Appeal No.1040/2012
(Prabhakar Jawalkar and others. Vs. The State of Maharashtra and
others), decided on 20/02/2018.
4. Shri Sable, learned counsel for the appellants claims a
rate of Rs.1,90,000/- per hectare. He, however, does not dispute that
the land in question is a dry crop land, which was the same position
as considered in Murlidhar Dehanikar and Prabhakar Jawalkar
FA 847 of 2013.odt
(supra). There is sole evidence of Ramdas Champatrao Jawalkar in
the matter, contending that various crops were taken all throughout
the year, as a result of which, there was cultivation done and a net
profit to the tune of Rs.75,000/- per acre, per year was derived from
the cultivation. However, the examination-in-chief of the said
witness does not indicate any material in this regard having been
placed on record, in the form of entries in the revenue book, or bills
of sale of agricultural produce either to the Agricultural Produce
Market Committee (APMC) or otherwise, considering which, I do
not find any reason to accept the said contention.
5. Reliance is placed upon the sale-deeds of the adjoining
villages as under :-
Sr. Name of Village Date of sale Rate Exh.
No. No.
01 Kolhi 19/04/1994 Rs.1,22,580/- 36
02 Kopra 18/01/1994 Rs.1,23,966/- 37
04 Ghuikhed 02/05/2006 Rs.6,95,652/- 35
6. The sale instances dated 19/04/1994 for village Kolhi;
18/01/1994 for village Kopra have already been considered by this
Court in Murlidhar Dehanikar (supra). The sale-deed of village
Ghuikhed is subsequent to the date of notification and therefore
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cannot be considered. The sale instance dated 19/04/1994 of village
Kolhi, indicates that the rate is even less than that has been awarded
by the learned Reference Court.
7. No other factor has been brought to my knowledge for
me to interfere in the rate granted by the learned Reference Court.
However, considering that this Court has already decided the rate of
Rs.1,37,000/- per hectare, for the dry crop land at village Dabha, the
appellants will be entitled to that much and nothing else,
considering which, the appeal is partly allowed by modifying the
rate of compensation as granted by the learned Reference Court to
Rs.1,37,000/- per hectare with all ancillary benefits as permissible in
law. The respondent no.3 shall make the according calculations and
deposit the enhanced amount in this Court within six weeks. In case
any court fee is payable upon the enhanced compensation, the
appellants shall pay the same within one week thereafter. No order
as to costs.
(AVINASH G. GHAROTE, J.)
Digitally signed bySHAILENDRA
SUKHADEORAO WADKAR
Signing Date:09.12.2022 11:01
Wadkar
