Bombay High Court
Kashinath Nagnath And Anr vs The State Of Maharashtra And Ors on 13 July, 2022
Bench: S. G. Dige
1
2460-21FA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 2460 OF 2021
1. Kashinath s/o Nagnath
Age : Major, Occu. Agril.,
2. Vishwanath s/o Nagnath,
Age : Major, Occu. Agril.,
Both R/o Marajwadi, Tq.
Mukhed, Dist. Nanded. ...APPLICANTS/
APPELLANTS
(Original Claimants)
VERSUS
1. The State of Maharashtra
Through Dist. Collector,
Nanded, Tq. & Dist. Nanded.
2. The Special Land Acquisition
Officer, Krushna Khore,
Nanded.
3. The Executive Engineer,
Vishnupuri Project Division
No.1, Nanded, Now at present
the Executive Engineer
Lendi Project Division, Degloor,
Tq. Degloor, Dist. Nanded ...RESPONDENTS
(Original Respondents)
...
Advocate for Appellants : Mr.G.N. Chincholkar
AGP for Respondent Nos. 1 and 2 : Mr. S. R. Yadav-Lonikar
Advocate for Respondent No. 3 : Mr. Shyam B. Patil
RESERVED ON : 27/06/2022
PRONOUNCED ON : 13/07/2022
::: Uploaded on - 14/07/2022 ::: Downloaded on - 15/07/2022 05:22:46 :::
2
2460-21FA
AND
FIRST APPEAL NO. 2461 OF 2021
Ashok s/o Rachappa
Age : 58 years, Occu. Agriculture,
R/o Marajwadi, Tq. Mukhed,
Dist. Nanded. ...APPELLANT
( Original Claimant)
VERSUS
1. The State of Maharashtra
Through Dist. Collector,
Nanded,
2. The Special Land Acquisition
Officer, Krishna Khore, Nanded
Dist. Nanded
3. The Executive Engineer,
Vishnupuri Project Division
No.1, Nanded, Dist. Nanded.
Now the Executive Engineer
Lendi Project Division, Degloor,
Tq. Degloor, Dist. Nanded ...RESPONDENTS
...
AND
FIRST APPEAL NO. 2486 OF 2021
Ramesh s/o Masnaji Sustarphod,
Age : 30 years, Occu. Agriculture,
R/o Marajwadi, Tq. Mukhed,
Dist. Nanded. ...APPELLANT
( Original Claimant)
VERSUS
1. The State of Maharashtra
Through the District Collector,
Nanded,
::: Uploaded on - 14/07/2022 ::: Downloaded on - 15/07/2022 05:22:46 :::
3
2460-21FA
2. The Special Land Acquisition
Officer, Krishna Khore, Nanded
3. The Executive Engineer,
Vishnupuri Project Division
No.1, Nanded, ...RESPONDENTS
(Orig. Respondents)
AND
FIRST APPEAL NO. 3036 OF 2021
1. Dilip s/o Rajaram Nukulwad,
Age : 45 years, Occu. Agril.,
2. Balaji s/o Rajaram Nukulwad,
Age : 40 years, Occu. Agril.,
3. Rajaram s/o Ganpati Nukulwad,
Age : 68 years, Occu. Agril.,
( Claimant no.1 and 2 through special
power of Attorney, Claimant No.3)
All R/o Marajwadi, Tq. Mukhed,
Dist. Nanded. Died by L.Rs. Appellant
No. 1 and 2. ...APPELLANTS
(Original Claimants)
VERSUS
1. The State of Maharashtra
Through District Collector,
Nanded, Tq. Dist. Nanded.
2. The Special Land Acquisition
Officer, Krishna Khore Vikas
Mandal Nanded.
3. The Executive Engineer,
Vishnupuri Project Division
No.1, Nanded, at present
Executive Engineer,
Lendi Project Division at Degloor
Tq. Degloor, Dist. Nanded ...RESPONDENTS
(Original Respondents)
::: Uploaded on - 14/07/2022 ::: Downloaded on - 15/07/2022 05:22:46 :::
4
2460-21FA
WITH
CIVIL APPLICATION NO. 13344 OF 2021
IN
FIRST APPEAL NO. 3036 OF 2021
1. Dilip s/o Rajaram Nukulwad,
Age : 36 years, Occu. Agril.,
R/o Marajwadi, Tq. Mukhed,
Dist. Nanded.
2. Balaji s/o Rajaram Nukulwad,
Age : 34 years, Occu. Agril.,
R/o . As above.
3. Rajaram s/o Ganpati Nukulwad,
Age : 52 years, Occu. Agril.,
( Died leaving behind him applicant
no. 1 and 2 are legal heirs)
All R/o Marajwadi, Tq. Mukhed,
Dist. Nanded.
...APPLICANTS/APPELLANTS
(Original Claimants)
VERSUS
1. The State of Maharashtra
Through District Collector,
Collector Office Nanded.
2. The Special Land Acquisition
Officer, Krishna Khore Vikas
Nanded.
3. The Executive Engineer,
Vishnupuri Project Division
No.1, Nanded at present
Executive Engineer,
Lendi Project Division at Degloor
Tq. Degloor, Dist. Nanded ...RESPONDENTS
::: Uploaded on - 14/07/2022 ::: Downloaded on - 15/07/2022 05:22:46 :::
5
2460-21FA
...
AND
FIRST APPEAL NO. 1229 OF 2022
Shivling s/o Rachappa Mathapati
Died by L.Rs.
1A Smt. Mahananda w/o Shivling
Mathapathi,
Age 47 Yrs., Occ - Household
1B Amol s/o Shivling Mathapathi
Age 31 Yrs., Occ - Unemployed
1C Akash s/o Shivling Mathapathi
Age 25 Yrs., Occ - Education
All R/o Marajwadi, Tq. Mukhed,
Dist. Nanded, At present, Rukmini
Nagar Taroda ( khurda) Nanded
...APPELLANTS
(Original Claimant)
VERSUS
1. The State of Maharashtra
Through District Collector,
Nanded.
2. The Special Land Acquisition
Officer, Krishna Khore, Nanded.
Dist. Nanded.
3. The Executive Engineer,
Vishnupuri Project Division
No.1, Nanded, Dist. Nanded
Now the Executive Engineer,
Lendi Project Division at Degloor
Tq. Degloor, Dist. Nanded ...RESPONDENTS
(Original Respondents)
...
::: Uploaded on - 14/07/2022 ::: Downloaded on - 15/07/2022 05:22:46 :::
6
2460-21FA
AND
FIRST APPEAL NO. 724 OF 2022
Shankarappa s/o Ramappa Ghale,
Died by L.Rs.
Vaijanath s/o Shankarappa Ghale
Age : 63 years, Occu. Agril and
retired person, R/o Marajwadi,
Tq. Mukhed, Dist. Nanded. ...APPELLANT
(Original Claimant)
VERSUS
1. The State of Maharashtra
Through District Collector,
Nanded, Tq. Dist. Nanded.
2. The Special Land Acquisition
Officer, Krishna Khore Nanded.
3. The Executive Engineer,
Vishnupuri Project Division
No.1, Nanded, at present
Executive Engineer,
Lendi Project Division at Degloor
Tq. Degloor, Dist. Nanded ...RESPONDENTS
(Original Respondents)
...
Advocate for Appellants : Mr.G.N. Chincholkar
Advocate for Respondent No. 3 : Mr. R. D. Biradar h/f.
Mr. U. P. Giri in FA Nos. 2426/2021 and 2486/2021
Advocate for Respondent No. 3 : Mr. Shyam B. Patil in F.A.
Nos. 3036/2021, 1229/2022 and 724/2022
AGP for respondents- State : Mr. A. B. Chate in FA Nos.
2461/2021, 2486/2021, 3036/2021
AGP for respondents- State : Mr. P. M. Kulkarni in FA Nos.
1229/2022 and 724/2022
............
::: Uploaded on - 14/07/2022 ::: Downloaded on - 15/07/2022 05:22:46 :::
7
2460-21FA
CORAM : S.G.DIGE, J.
RESERVED ON : 17/06/2022
PRONOUNCED ON : 13/07/2022
JUDGMENT :
All these appeals have been preferred by the
original claimants feeling aggrieved by the impugned
judgment and award passed by the learned Civil Judge,
Senior Division, Kandhar and Civil Judge, Senior Division,
Link Court, Mukhed in respect of the Land Acquisition
References pertaining to the house properties.
2. Mr.G.N. Chincholkar, learned counsel for the
appellants submits that these appeals are arising out of the
same project and from the same village. There is vast
difference in price of suit house granted by the acquiring
body and Valuer. The appellants-original claimants
examined the Government Approved Valuer Shri Shrisant V.
Barbade as PW- 2 before the Reference Court and the
Government Approved Valuer submitted its report stating
that the compensation of suit house No.133/3 is
Rs.89,355/-, but the said report is not considered by the
2460-21FA
Reference Court. This Court was pleased to allow First
Appeal No.719/2013 and First Appeal No.1488/2020 with
connected appeals, thereby accepting the report submitted
by the Valuer in respect of the house properties and this
Court enhanced the compensation as per the valuation
report. The learned counsel further submits that the same
treatment needs to be given in these appeals.
3. Shri.R.D. Biradar h/f Shri U.P. Giri, advocate for
respondent nos.3 in F.A. No.2425/2021 and 2486/2021,
Shri Sham B. Patil, advocate for respondent no.3 in First
Appeal Nos.3036/2021, 1229/2022 and 2461/2021,
2486/2021, 3036/2021, 2460/2021, Shri. A.B. Chate, AGP
for respondent/State in F.A. Nos.2461/2021, 2486/2021
and 3036/2021 and Shri. P.M. Kulkarni, AGP for
respondent/State in F.A. No.1229/2022 and 724/2022
fairly concede the position about the earlier decision
delivered by this Court in First Appeal no.719/2013 and
with connected matters. The learned counsel submits that
the compensation awarded by the learned Reference Court
2460-21FA
is adequate, hence there is no need to interfere in that
order.
4. I have heard the learned counsel for the
respective parties. Perused the impugned judgment and
award passed by the Reference Court in the respective Land
Acquisition References.
5. Admittedly, this Court has allowed the appeal in
connected matters and enhanced the compensation as per
the valuation report. The following chart would depict the
position more clearly.
FA No. & House Section 4 Award LAO Reference Compensa
LAR NO. No. & notification granted Court tion as per
Area compensat granted valuation
ion report
1229/2022 132/1 & 21/08/1997 26.3.02 15483/- Enhanced by 89355/-
LAR T = 33 Rs.3971
No.87/2008 Sq. adm. Granted-
19.80 Sq. Rs.19354/-
Mt cons.
Area &
13.20
open area
2461/2021 133/03 21/08/1997 26/03/02 31,840/- Enhanced by 89355/-
LAR No. Rs.8,201/-
41/2008 granted
Rs.41,005/-
2486/21 240/1 & 26/03/02 42,860/- Enhanced by 132803/-
LAR No. 31.95 Sq. 10,715/-
59/2008 Mt. & granted
112095/-
2460-21FA
3036/2021 281/1, 2, 21/08/1997 26/03/02 1,03,331/- Enhanced by 2,06,171/-
LAR No. 3 & 95.90 25,832/-
31/2005 Sq. Mt
724/2022 152 & 23/04/1997 26/03/02 42968/- Enhanced by 155083/-
LAR No. 152 Adm. 10,742/-
21/2005 32.20 & granted
(New) 12.5 Sq. 53710/-
Mtrs
2460/2021 151/23 23/04/1997 26/03/02 50435/- Enhanced by 1,93,193/-
LAR Adm. 75 12,608 &
No.20/2005 Sq. Mtrs. granted
(New Rs.3,043/-
6. In all these appeals, the valuer has made valuation of
the house properties, which has been acquired for the same
project. The valuation of the respective house properties given
by the experts is shown in column no. 7 in above chart, as
under:
Sr. No. First Appeal No. Compensation as per
valuation report
6. First Appeal No.2460/2022 1,93,193/-
7. This Court has considered the evidence of
Shrishant Barbade - Valuer and Valuation report and
enhanced the compensation in connected appeals, which are
2460-21FA
arising out of one and the same acquisition proceedings. The
orders in those appeals are not challenged, hence attained
finality.
8. In respect of awarding interest, the Full Bench of
this Court in case of State of Maharashtra Vs. Kailash Shiva
Rangarei reported in 2016 (3) Mh. L.J. 457 has held that the
appellants would be entitled to get interest on the enhanced
compensation from the date of the award till realisation of the
amount. To that extent, award needs to be modified.
9. In view of the above, I pass the following
order :-
ORDER
1. The appeal nos.2460/2021, 2461/2021, 2486/2021,
3036/2021, 1229/2022 and 724/2022 stand allowed as
under:
(i) The appellants shall be entitled to get compensation in
respect of their respective house properties as shown below.
2460-21FA
Sr.No FA No. & LAR NO. House No. & Area Compensation as per
valuation report
1 1229/2022 132/1 & T = 33 Sq. adm. 89355/-
LAR No.87/2008 19.80 Sq. Mt cons. Area &
13.20 open area
2 2461/2021 133/03 89355/-
LAR No. 41/2008
3 2486/21 240/1 & 31.95 Sq. Mt. 132803/-
LAR No. 59/2008
4 3036/2021 281/1, 2, 3 & 95.90 Sq. Mt 2,06,171/-
LAR No. 31/2005
5 724/2022 152 & 152 Adm. 32.20 12.5 155083/-
LAR No. 21/2005 Sq. Mtrs
(New)
6. 2460/2021 LAR 151/23 Adm. 75 Sq. Mtrs. 1,93,193/-
No.20/2005 (New)
(ii) The appellants shall be entitled to get interest on the
enhanced compensation from the date of award till the date
of realisation of the amount. However, the delay caused by
the appellants in preferring the respective appeals shall be
excluded while making the calculation of interest.
(iii) Rest of the terms of the impugned awards stand
confirmed.
2. The awards stand modified accordingly.
3. No order as to the costs.
4. The appeals stand disposed of accordingly.
2460-21FA
5. In view of the disposal of the first appeals itself, pending
civil applications, if any, same stand disposed of.
[S.G.DIGE]
JUDGE
SGA/-
