Chaturabai Dattatray Akat (Died) ... vs The State Of Maharashtra And Ors
2022 Latest Caselaw 11131 Bom

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                                                                        2141.22FA

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                               FIRST APPEAL NO. 2141 OF 2022

          1.       Chaturabai W/o Dattatray Akat
                   (Died) Through Lrs.

          1.1      Dattatray S/o Sakharam Akat
                   Age : 62 years, Occ : Agriculture,

          1.2      Punjaram S/o Dattatray Akat
                   Age : 35 years, Occ : Agriculture,

                   Both R/o village Satona,
                   Tq. Partur, Dist. Jalna.

          1.3      Ashamati W/o Shivajirao Shewale
                   Age : 45 years, Occ : Agriculture,
                   R/o Maltondi, Tq. Mantha, Dist. Jalna.

          1.4      Kushavarta W/o Digambar Awate
                   Age : 30 years, Occ : Agriculture,
                   R/o Malsapur, Tq. Sailu, Dist. Parbhani.
          .                                       ..APPELLANTS
                                           (Original Claimants)
                   VERSUS

          1.       The State of Maharashtra
                   Through the Collector, Jalna

          2.       The Special Land Acquisition Officer
                   L.S. K. Jalna
                   At present
                   The Sub Divisional Officer,
                   Sub-Divisional Office at Partur,
                   Tq. Partur, Dist. Jalna.

          3.       The Executive Engineer,
                   Nimnna Dudhana Project,




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                                                                          2141.22FA

                   Division Sailu
                   At present
                   The Executive Engineer
                   Jalna Irrigation Department,
                   Near Motibagh, Jalna,
                   Tq. & Dist. Jalna.
                         .                                 ..RESPONDENTS
                                                     ( Original respondents)
                                  ...
          Advocate for Appellant : Mr.V.D. Bhise
          Advocate forRespondent No.3: Mrs.S.D. Shelke
                                       ...
                                  CORAM : S.G.DIGE, J.

                                       DATE : 20/10/2022

          JUDGMENT :

By way of this appeal, the appellant is seeking

enhancement of compensation.

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

The land of the appellants to the extent of 1

22 R from Gat No.148 situated at village Satona, Tq. Partur,

Dist. Jalna was acquired by the respondent for construction

of Nimnna Dudhana Project. The notification under section

4 of the Land Acquisition Act, 1894 (for short, "the L.A.

Act") was published on 06.04.1995. The Special Land

2141.22FA

Acquisition Officer (For short, "the S.L.A.O.") passed the

award on 21.12.1998. The S.L.A.O. has granted

compensation @ Rs.317/- per R for acquired land of the

appellants and Rs.1358/- for Bor trees. The appellants have

withdrawn the amount of compensation under protest.

3. The appellants preferred Land Acquisition

Reference No.14/2003 in the Court of learned District

Judge-3, Jalna (for short, "the Reference Court") for

enhancement of compensation. The Reference Court after

considering the evidence on record, has partly allowed the

Reference and enhanced the compensation directing the

respondents to pay Rs.1,07,726/- as a difference of

compensation towards the acquired land of the appellants.

The trial Court has also directed to pay the interest under

section 28 of the L.A. Act. Hence this appeal.

4. It the contention of the learned counsel for the

appellants that, the land of the appellants is situated at

village Satona, Tq. Partur, Dist. Jalna. The learned counsel

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for the appellants submits that there are more than 22

villages from which the lands were acquired for Nimnna

Dudhana Project from three different Talukas namely Selu,

Partur and Mantha. The learned counsel for appellants

submits that, connected group of First Appeals were filed

for enhancement of amount of compensation before this

Court. Some of the first appeals have been settled before

Lok Adalat and in some matters this Court has decided the

same and granted rate of Rs.2500/- per Are for dry land.

Appellants' land is also dry land. It is submitted that,

therefore, the appellants are entitle to receive the amount of

compensation @ Rs.2500/- per Are to their acquired land.

Therefore, requested to allow the appeal.

5. The learned counsel for the respondent no.3 has

strongly objected for granting enhancement to the acquired

land of the appellants. The learned counsel submits that the

acquired land of the appellants is from village Satona, Tq.

Partur, Dist. Jalna and this Court in group of Appeals has

awarded the compensation @ Rs.2,500/-, however, the

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section 4 Notification issued in those appeals is of the year

1996 and the section 4 notification issued in the present

matter is of the year 1995. Therefore, the notification under

section 4 issued in the present matter is before one year,

hence there should be deduction in the amount of

compensation. The learned counsel submits that the

notifications issued in the present matter and the matters on

which the present appellants are relying upon are different

and therefore, the appellants are not entitle to receive the

amount of compensation @ Rs.2500/- per Are to the

acquired land. Therefore requested to dismiss the appeal.

6. I have heard the learned counsel for the

appellants and the learned counsel for respondent no.3.

7. Admittedly, the lands of the appellants are

situated at village Satona, Tq. Partur, Dist. Jalna. The lands

are acquired for the same project, however, though

appellants are claiming the compensation at the rate of

Rs.2500/- per Are, in my view, land referred in First Appeal

2141.22FA

No. 1702 of 2013 is not from same acquisition proceedings

and notifications are also different. So also, the section 4

notification issued in the said first appeals is of the year

1996 and the section 4 notification issued in the present

matter is of the year 1995. The notification issued in the

present matte is before one year, hence there should be

10% deduction. Hence, I am considering the rate of

acquired land by making 10% deduction i.e. Rs.2,250/- per

Are. Therefore, the appellants are entitle to receive the

amount of enhanced compensation towards the acquired

land of the appellants i.e. @ Rs.2,250/- per Are.

8. In view of the above, I pass the following

order:-

ORDER

(i) The appeal is partly allowed as under :-

(a) The award passed in L.A.R. No.14/2003

be modified and the appellants are held liable

to get amount of compensation towards their

acquired land @ Rs.2,250/- per Are.

2141.22FA

(b) The appellants shall be entitle to get the

interest under Sections 28 and 34 of the Land

Acquisition Act, 1894 from the date of the

award passed by the Special Land Acquisition

Officer.

(ii) The award be modified accordingly.

(iii) No order as to costs.

(iv) R & P be sent back to the Reference Court.

(v) The appeal is accordingly disposed of.

[S.G.DIGE] JUDGE SGA/-