Bombay High Court
Jageshwar S/O Laxmanrao Mehare vs The State Of Maharashtra Through ... on 20 December, 2022
Bench: Avinash G. Gharote
383. FA 75 of 2014.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO.75/2014
APPELLANT : Jageshwar S/o Laxmanrao Mehare
(On R.A.) Aged about Adult,
Occ. Agriculturist, R/o Bhatmarg,
Tq. Babhulgaon, District Yavatmal.
...VERSUS...
RESPONDENTS : 1. The State of Maharashtra
Through Collector, Yavatmal,
Tq. & Distt. Yavatmal.
2. The Special Land Acquisition Officer,
Bembla Project, Yavatmal,
Tq. & Distt. Yavatmal.
3. Vidarbha Irrigation Development Corporation,
Through its Executive Engineer, Bembala
Project Division, Tq. And Distt. Yavatmal.
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Shri S.V. Ingole, Advocate for appellant
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 : 20/12/2022
ORAL JUDGMENT
1. Heard Shri Ingole, learned counsel for the appellant,
Mrs. M.H. Deshmukh, learned Assistant Government Pleader for the
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respondent nos.1 and 2 and Shri M.A. Kadu, learned counsel for the
respondent no.3.
2. The factual position in the present first appeal is as
under :-
Bembla Project
Village Rasulpur, Tah. Babhulgaon, Distt. Yavatmal
DATE OF NOTIFICATION U/S 4 OF THE LAND 29/05/1997
ACQUISITION ACT
Details Details of LAO Award Dated Ref. Court
property 15/12/2000 Award Dated
30/08/2006
Village: Gat No.62 Rs.58,987/- per Rs.70,000/-
Rasulpur admeasuring Hectare per hectare
Tahsil 5.43 HR
Babhulgaon
District :
Yavatmal
3. The appeal challenges the judgment of the learned
Reference Court dated 30/08/2006, whereby the learned Reference
Court has enhanced the compensation for the agricultural land to
Rs.70,000/-per hectare, being dissatisfied with the same.
4. Shri Ingole, learned counsel for the appellant/claimant,
contends that the proper compensation would be Rs.1,25,000/- per
hectare, for which, he places reliance upon the judgment of the
383. FA 75 of 2014.odt
Reference Court, in Deorao S/o Parasram Wanjari Vs. State of
Maharashtra, Through District Collector, Yavatmal (L.A.C.
No.719/2006), decided on 31/01/2009, copy of which has been
tendered across the bar.
5. It is further submitted that First Appeal No.842/2010 by
the V.I.D.C. against the aforesaid judgment has been withdrawn, as a
result of which, the aforesaid rate of Rs.1,25,000/- per hectare for
dry crop agriculture land at village Rasulpur stands confirmed.
Shri Kadu, learned counsel for the respondent no.3/acquiring body
does not dispute the aforesaid position.
6. In Deorao Parasram Wanjari (supra) the land involved
was Survey No.53 admeasuring 2.02 HR situated at Mouza Rasulpur
Tq. Babulgaon and the date of notification was 15/12/1997 as
against Section 4 notification in the present case which is dated
29/05/1997. The learned Reference Court found that there was a
sale-deed dated 21/03/1995 from the adjacent village Panas
(Exh.18) which was in respect of sale of land admeasuring 0.99 HR
for the total consideration of Rs.1,00,000/- and considering the fact
that the notification in that case was 2 years prior hence, by granting
escalation at 10% per annum rate of Rs.1,20,000/- per hectare was
383. FA 75 of 2014.odt
arrived at and considering that Rasulpur was nearer to Babhulgaon
Taluka then village Panas the rate of Rs.1,25,000/- per hectare was
awarded on the ground that the proximity to village Babhulgaon
would entitle the claimant to a higher rate of Rs.1,25,000/- per
hectare. The appeal against the said judgment has already been
withdrawn by order dated 26/02/2014 (Shri S.B. Shukre, J.), a copy
of which has been tendered across the bar.
7. Village Panas, is located towards the south-east side of
village Rasulpur and both have common boundary for a considerable
distance and therefore the sale instance of village Panas could be
taken into consideration for determining the rate of agriculture land
of village Rasulpur since there is no sale instance reported from
village Rasulpur as per Shri Ingole, learned counsel for the
appellant.
8. The village Bhatmarg, is on the north-east side of village
Rasulpur and also has common boundary to some extent with the
village Rasulpur. In First Appeal No.173/2015 (Gunwantrao
Rajaram Mehetre Vs. The State of Maharashtra, Through Collector,
Yavatmal and others), rate of Rs.1,20,000/- per hectare has been
awarded for dry crop land for village Bhatmarg, a copy of which
383. FA 75 of 2014.odt
judgement has been tendered across the bar. The notification, in the
case of village Bhatmarg, is dated 17/12/1998 and is later than the
notification for village Rasulpur which is dated 29/05/1997.
Reliance is also placed on the judgement in First Appeal
No.890/2016 with Cross-Objection (XOB) No.44/2017, Executive
Engineer, (V.I.D.C.) Bembla Project Division, Yavatmal Tq. & Dist.
Yavtmal Vs. Hansraj Sakharam Pise and others), decided on
11/01/2018 (Shri Manish Pitale, J.), in which upon taking note of
the earlier reported judgment in First Appeal No.632/2013 and
connected matters under the notification dated 17/12/1998, the
rate of Rs.1,20,000/- for dry crop and Rs.1,80,000/- per hectare for
irrigated land has been noted to have been fixed.
9. It is thus apparent that approximate rate of
Rs.1,20,000/- per hectare has been awarded for the lands on both
the sides of village Rasulpur, though, it is necessary to bear in mind,
that the notifications for village Bhatmarg and Panas, in both the
above matters, were later in point of time.
10. It is generally accepted view that 10% escalation, on the
rate per year, is normally awarded, in case there are sale instances,
earlier in point of time to the date of notification. In the instant case
383. FA 75 of 2014.odt
since the notification in Deorao S/o Parasram Wanjari (supra) is
dated 15/12/1997 and in Gunwantrao Rajaram Mehetre (supra)
and Hansraj Pise (supra) is dated 17/12/1998, while considering
these, for determining the rate at Rasulpur there has to be reduction
in the rate of 10% per year, since the notification for village
Rasulpur is dated 29/05/1997, considering which, rate of
Rs.1,10,000/- per hectare for village Rasulpur, could be worked out,
for the notification dated 29/05/1997.
11. In view of the above discussion, the judgment of the
learned Reference Court is hereby modified and the rate granted by
the learned Reference Court of Rs.70,000/- per hectare is enhanced
to Rs.1,10,000/- per hectare, for the land of Gat No.62, admeasuring
5.43 HR, which is dry crop land, with all other ancillary benefits as
permissible in law.
12. The appellant/acquiring body shall calculate the
enhanced compensation and deposit the same in this Court within
six weeks from today. Upon the same being done, the respondent
no.1/claimant shall pay the appropriate court fees upon the
enhanced claim, and shall deposit the same within one week thereof,
in case the same found payable after which the claimants shall be
383. FA 75 of 2014.odt
entitled to withdraw the amount so deposited. The first appeal is
accordingly allowed in above terms. No order as to costs.
(AVINASH G. GHAROTE, J.)
Deshmukh
