Bombay High Court
Parasram Sahebrao Kavhale vs The Special Land Acquisition Officer ... on 24 January, 2024
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fa455.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 455 OF 2019
Parasram s/o Sahebrao Kavhale .. Appellant
Versus
The Special Land Acquisiton Officer
& others .. Respondents
Mr. K. B. Jadhav, Advocate for the appellant.
Mr. S. V. Hange, AGP for the State.
Ms. S. D. Shelke, Advocate for respondent No. 3.
CORAM : R. M. JOSHI, J.
DATE : 24th JANUARY, 2024.
PER COURT :
1. This appeal is preferred by the original claimant against
judgment and award dated 22nd August, 2008, passed in Land Acquisition
Reference No. 15/2001.
2. Learned counsel for claimant submits that in the connected land
references i.e. in cases of acquisition of land for Lower Dudhna Project, this
Court has passed orders in two sets of appeals viz., First Appeal No.
2733/2013 and other and in First Appeal No. 4083/2016 and other. Those
orders have attained finality for want of challenge and hence he claims that
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present appeal be disposed of in the same terms. Learned counsel for
respondents did not dispute these facts.
3. Claimant is the owner and possessor of land bearing Survey/Gat
No. 24/2 admeasuring 7 H 48 R with .09 R pot-kharaba. The said land was
acquired by the Government for Lower Dudhna Project and notification under
Section 4 was issued on 13th May, 1995. On 2nd June, 1999, award came to be
passed by Special Land Acquisition Officer. Being aggrieved and dis-satisfied
by the said award, Land Acquisition Reference No. 15/2001 came to be filed.
The said reference was partly allowed by impugned judgment and award.
4. Learned counsel for claimant has drawn attention of this Court
to paragraph no. 36 of the impugned award wherein compensation payable in
respect of land of the claimant is determined at the rate of Rs. 1,200/- per Are
for non-irrigated land, Rs. 1,600/- per Are for seasonally irrigated lands and
Rs. 1,800/- per Are for perennially irrigated land. He further drew attention
to page 38 of judgment and Chart 4, to submit that the compensation is at the
rate of Rs. 1,800/- per Are meaning thereby, Reference Court has accepted the
land of appellant as perennially irrigated land. The State has not challenged
the finding recorded by the said Court to that effect. Thus, it can be safely
held that the land in question is perennially irrigated land.
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5. Since both the sides do not dispute the fact that in appeals from
connected land acquisition references this Court has passed orders
determining amount of compensation and for want of any further challenge
to the said orders, they have attained finality, present appeal is partly
allowed. Hence the following order :-
ORDER
i) The market value of the land involved in the present
appeal shall be determined as per categorization made by
SLAO in the Award under Section 11 of the Act, at the rate of
Rs. 3,000/- (Rs. Three Thousand only) per Are for
perennially irrigated land and at the rate of Rs. 750/-
t(Rs. Seven Hundred Fifty only) per Are for pot-kharaba land
and the amount of compensation be enhanced accordingly.
ii) The appellant is held entitled to the statutory benefits
and interest on the enhanced amount of compensation in
accordance with the provisions of the Act. Interest under
Section 34 of the Act shall be paid from the date of Award
under Section 11 of the Act even on the amount of
compensation awarded by the Reference Court.
iii) Pending application, if any, does not survive and
stands disposed of.
( R. M. JOSHI)
Judge
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