Bombay High Court
Krushna Narayan Adhagale vs The State Of Maharashtra Thr. ... on 5 December, 2023
2023:BHC-NAG:16897
FA952.2023jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO. 952 OF 2023
Krushna Narayan Adhagale,
Aged about 73 years,
Occupation : Agriculturist, ... Appellant
R/o. Kurli, Tah. Umarkhed,
Dist. Yavatmal
Versus
1. State of Maharashtra,
Through Collector, Yavatmal,
Tah. & District - Yavatmal
2. The Executive Engineer,
Minor Irrigation Division, Pusad, ... Respondents
District - Yavatmal.
3. The Special Land Acquisition Officer,
Lower Pus Project, Pusad,
Tah. Pusad, District - Yavatmal.
Mr. V.N. Patre, Advocate for appellant.
Ms. M.R.Kavimandan, AGP for respondent Nos.1 & 3.
Ms. Mallika Babhulkar, Advocate h/f Mr. M.A. Kadu, Advocate for
respondent No.2.
CORAM : MRS. VRUSHALI V. JOSHI, J.
RESERVED ON : 26.10.2023.
PRONOUNCED ON : 05.12.2023.
JUDGMENT:
Heard finally by consent of both the learned counsel
for the parties.
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(2) Being partly aggrieved by the judgment and order
dated 07.08.2006 passed by the Civil Judge Senior Division, Pusad,
District - Yavatmal, in LAC No.289/2002. The appellant has filed this
appeal.
(3) Brief facts of the appeal are as under :
(4) The appellant was the owner of the land bearing
Gut Survey No.37 admeasuring area 1.91 H.R. situated at Village -
Kurli, Tahsil - Umerkhed, District - Yavatmal. The said land was
acquired for the purpose of submergence area of Amdapur Project,
vide Land Acquisition Case No.5/47/96-97 of Village Kurli. The
Notification under Section 4 was published in the Official Gazette of
State of Maharashtra on 21.08.1997 and the land of the appellant was
acquired. The award under Section 11 was passed on 27.11.2000 by
the Land Acquisition Officer, granting the compensation @ of
Rs.17,000/- per hectare. The appellant has accepted the said
compensation under the protest. Being aggrieved by said award, the
appellant has preferred a reference under Section 18 of the Land
Acquisition Act, 1894 and claimed an additional compensation of
Rs.2,51,991/- with other statutory benefits. The reference Court partly
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allowed the claim of the appellant and granted the compensation @ of
Rs.27,000/- per hectare and rejected the major claim of the appellant
for the land as well as trees. Hence, being aggrieved by the same, the
appellant has filed this appeal. There is a delay of 4879 days in filing
this appeal which is condoned in civil application made in this behalf
on waiver of interest and statutory benefit for the delayed period.
(5) Mr. Patre, learned counsel for the appellant would
submit that for acquisition under the same project in the same village
under the same Notification dated 21.08.1997 and the award of the
same date i.e. 27.11.2000, this Court by Order dated 20.01.2020 in
First Appeal No.1412/2019 has directed the respondent-Acquiring
Body to pay compensation @ of Rs.83,000/- per hectare. The learned
counsel for the appellant has further submitted that as this Court has
fixed the compensation in said appeal in First Appeal (Stamp)
No.2525/2022, this Court has passed the following said judgment on
16.11.2022 and he has submitted that in view of settled law that
similarly situated land owners should receive parity, this appeal also
needs to be allowed and the appellant deserves to be granted
compensation @ of Rs.83,000/- per hectare.
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(6) Ms. Babhulkar, learned counsel for respondent No.2
- Acquiring Body has not disputed the factual aspects in this matter.
He confirms that the decision of this Court dated 20.01.2020 in First
Appeal No.1412/2019 has not been challenged and has attained
finality and this Court may accordingly passed orders.
(7) I have heard learned counsel for the parties and
with their able assistance, I have perused the papers, proceedings and
the decision relied upon by them.
(8) While deciding the First Appeal, this Court has
relied on the judgments of Apex Court where the Hon'ble Apex Court
in the case of Ram Chander (deceased) through his legal
representatives and others Vrs. Union of India and another (2020) 15
SCC 491, has observed that if the similarly situated land owner has
received higher compensation then the benefits of such higher
compensation should be allowed to be appellants provided that there
is no interest payable for the delayed period to him. From the
judgment dated 20.01.2020 in First Appeal No.1412/2019 and First
Appeal (Stamp) No.2525/2022, referred by the learned counsel for
claimants, it is quite clear that the said judgment also refers to the
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FA952.2023jud.odt
same Amdapur Project for which land subject matter of this appeal has
been acquired. The Notification under Section 4 (1) of the said Act, in
the present case is also of 21.08.1997. The award passed by the Land
Acquisition Officer is also of 27.11.2000. Learned AGP has not raised
any dispute as to the type or quality of land acquired in both the cases.
As such, the facts of this case and the facts in First Appeal decided by
this Court are similar and the appellants in both these cases appeared
to be similarly placed.
(9) In view of the above discussion, it emerges that the
appellant herein would also be entitled to a compensation @ of
Rs.83,000/- per hectare.
(10) In view of the above well settled principles, the
impugned order of Reference Court is hereby modified and the
respondents are directed to pay compensation to the appellant @ of
Rs.83,000/- per hectare for the land acquired under the subject
notification by depositing the amount of compensation in respect of
1.91 hectare calculated as above in the Saving Bank account of the
appellant within a period of six months subject to (i) waiver of interest
and statutory benefit for the delayed period of 4879 days and (ii) due
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verification of the Registrar of this Court.
(11) The appeal stands allowed in the above terms.
(12) Pending applications, if any, shall stand disposed of
accordingly.
[MRS. VRUSHALI V. JOSHI, J.]
Prity
Signed by: Mrs. Prity Gabhane PAGE 6 OF 6
Designation: PA To Honourable Judge
Date: 07/12/2023 19:23:46
