Bombay High Court
Balu Amruta Gaikwad vs The State Of Maharashtra (Thr. The ... on 12 August, 2024
Author: Sharmila U. Deshmukh
Bench: Sharmila U. Deshmukh
49 Fa-618-2022 & 620-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.618 OF 2022
Balu Amruta Gaikwad ...Appellant
Versus
The State Of Maharashtra
(Thr. The Deputy Collector,
Land Acquisition, Nashik) And Anr. ...Respondents.
WITH
FIRST APPEAL NO.620 OF 2022
Dharamraj Amruta Gaikwad ...Appellant
Versus
The State Of Maharashtra
(Thr. The Deputy Collector,
Land Acquisition, Nashik) And Anr. ...Respondents.
------------
Mr. Sachin R. Gite for the Appellant
Ms. Chaitrali Deshmukh for the Respondents.
Mr. A. R. Patil, AGP for the Respondent-State.
------------
Coram : Sharmila U. Deshmukh, J.
Date : August 12, 2024.
P. C. :
1. The First Appeals are preferred against the common judgment
dated 26th March, 2018 passed in Land Reference No. 35 of 2015 and 39
of 2015 which were filed under Section 18 of the Land Acquisition Act
1894 seeking enhancement of compensation amount in respect of
acquired land. The Reference Court has held in paragraph 23 as
under :
Patil-SR 1 of 4
49 Fa-618-2022 & 620-22.doc
"The claimants have not filed on record the village map of
village Nanashi or village Hattipada, Nanashi to make it clear
the distance between Gat No.24 (land of sale deed) and the
acquired land Gat No. 130 and 157. The learned Adv. Mr. C.
R. Aware for respondent No. 2 argued that the land
mentioned in sale deed is far away from the acquired lands
and there are more than 100 agriculture Gat numbers
between them. In absence of village map it is not possible
for the Court to find out the exact distance between land of
sale deed and lands acquired. But, in absence of such
evidence the Gat numbers given to the agriculture lands
makes it clear that the distance between those lands must
be a long distance."
2. Learned counsel for the Appellant would submit that in respect
of comparable sale instance of Gat No. 24, the sale deed was produced,
however, the Reference Court has not considered the same by
erroneously holding that the land of present claimant is situated at a
distance from Gat No. 24 and there is a road adjacent to Gat No. 24. He
would submit that in respect of the land acquired from the same
village and under the same award, the sale instance of Gat No. 24 has
been considered by the Reference Court without any deduction,
whereas in the present case, there has been a deduction of 50%. He
submits that during the proceedings, the Claimants had not filed on
record the village map to indicate the distance between the acquired
land and Gat No. 24 to show proximity. He submits that the Reference
be restored to the file of Land Reference Court to enable the Claimants
to place on record the village map as also make further submissions to
substantiate the comparable instance of sale deed of Gat No. 24
Patil-SR 2 of 4
49 Fa-618-2022 & 620-22.doc
3. Learned counsel for the acquiring body would submit that in the
award of Land Reference Court in respect of other land on which
reliance is sought to be placed, there is a specific finding that the
acquired land in that matter was adjacent to Gat No. 24 which is not so
in the present case. She would further submit that as the remand is
being sought by the claimant, an undertaking is required to be filed
that the claimants will not claim any interest till the decision by the
Land Reference Court. She would further submit that on 12 th April
2021, the entire compensation awarded has been deposited in the
Reference Court.
4. Considering that the Claimant's case was not supported by
documentary evidence to indicate proximity with Gat No.24, in my
view, the matter can be remanded to afford an opportunity to
Claimants to place necessary material on record. The proceedings are
land acquisition proceedings and full opportunity is required to be
given to the claimants to substantiate the claim.
5. In the light of above, Land Reference No. 35 of 2015 and Land
Reference No. 39 of 2015 are remanded to the Court of Civil Judge,
Senior Division, Nashik. The claimants are at liberty to lead additional
evidence to establish that the valuation in respect of Gat No.24 is also
required to be applied to their land. The Respondents are at liberty to
Patil-SR 3 of 4
49 Fa-618-2022 & 620-22.doc
cross examine the claimants and place additional evidence on record.
6. Considering that the matter has been remanded, let an
undertaking be filed by the Claimants waiving interest from the date of
notification to the date of remand within a period of three weeks from
today in this Court on the enhanced amount, if any.
7. Parties to appear before the Reference Court on 2nd September
2024 at 11.00 a.m.
8. Appeals stand disposed of in above terms.
[Sharmila U. Deshmukh, J.]
Patil-SR 4 of 4
Signed by: Sachin R. Patil
Designation: PS To Honourable Judge
Date: 14/08/2024 20:52:00
