Bombay High Court
The State Of Maharashtra vs Sharnappa Shankarappa Malang (L.Rs.) ... on 29 January, 2024
2024:BHC-AUG:2568
1
214.02FA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
209 FIRST APPEAL NO.214 OF 2002
The State of Maharashtra
through Collector, Osmanabad. .. APPELLANT
VERSUS
Sharnappa s/o. Shankarappa Malang
age 65 yrs., Occu. Agri. r/o. Omerga,
Died - HIS L.Rs.
1] Mallinath s/o. Sharnappa Malang
age 47 yrs, Occu. Medical Practitioner,
r/o. Omerga.
2] Gangabai w/o Sharnappa Malang,
age 68 yrs., Occu. Household r/o. as above.
3] Kalyanappa s/o. Sharnappa Malang,
age 38 yrs., Occu. Agri., r/o. as above.
4] Kamalbai @ Basvabai Siddeshwarappa
Togi, House No.422, Shukarwar Peth,
Solapur.
5] Nilabai w/o Kishanrao Mithari,
age 57 yrs. Occu. Parchande Block,
Opp. Old Shelgi Naka, Solapur.
6] Indubai w/o Gurulingappa Shahabade
age 44 yrs., Sahabade Niwas,
Opp. Alankar Talkies, Latur. .. RESPONDENTS
...
Adv.K.R.Jamdhade, AGP for the appellant - State
...
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214.02FA
CORAM : ARUN R. PEDNEKER, J.
DATE : 31.01.2024
ORDER :
1] The present appeal is filed by the State
challenging the compensation that was awarded by the Civil
Judge Senior Division, Osmanabad while deciding the LAR
No.219 of 1988.
Brief facts leading to filing the present First Appeal can be
summarized as under :
2] The land survey No.198/1 situated at Omerga,
Taluka Omerga, admeasuring 4 Acres 39 Gunthas. The land
was acquired for mutton shops and telephone exchange
office by the Government. In the said acquisition, land of
1300 square meter was acquired. Notification under Section
6 of the Land Acquisition Act was issued on 15.02.1986.
The award was passed on 14.12.1987. The Land Acquisition
Officer awarded rate of Rs.3=70 ps. per sq. ft. Being
aggrieved thereby, Reference under Section 18 of the Land
Acquisition Act was made. The Reference Court i.e. Civil
Judge, Senior Division, Osmanabad awarded compensation
at the rate of Rs.8/- per sq. ft. Being aggrieved thereby, the
claimant filed First Appeal No.211 of 1993 and the State
has filed First Appeal No.214 of 2002. The First Appeal filed
by the claimant was dismissed on 10.07.2009. While
214.02FA
dismissing the First Appeal filed by the Claimant, this Court
by order dated 10th July, 2009, having considered all sale
instances produced and evidence on record, at para no.9
has held as under :
9. The Trial Court while determining the
market rate of the land has taken into
consideration that the learned advocate for the
claimants had pointed out that for land just
abutting highway acquired in 1988 compensation
at the rate of Rs.6/- per sq.ft. was awarded
and after reference, Rs.1/- was enhanced per
sq.ft. by the Reference Court. Discussion to
that effect is in para 13 of the Reference
Court's judgment. Considering the facts of the
case the Trial Court awarded enhanced rate of
Rs.3.70 per sq. ft. awarded by the S.L.A.O. to
Rs.8/- per sq.ft.
10. After careful consideration of all the
circumstances, in my opinion, this is not fit
case where any interference is called for in
this appeal. Hence, the First Appeal is
dismissed. Parties to bear their own costs.
3] This Court while deciding the First Appeal No.
211 of 1993 filed by the claimants has specifically rendered
a finding that the trial Court awarded enhanced rate of
Rs.3.70 per sq., awarded by the S.L.A.O. to Rs.8/- per sq.
ft., is appropriate considering that acquired in 1988
compensation at the rate of Rs.6/- per sq. ft. was awarded
and thereafter Reference Court had enhanced Rs.1/- per sq.
ft. and discussion to that effect is in para no.13 of the
Reference Court's judgment and the Reference Court has
214.02FA
granted Rs.8/- per sq. ft. and the Reference Court has
granted reasonable amount of compensation.
4] In view of the findings recorded in the
Judgment dated 10.07.2009 in First Appeal No.211 of 1993,
the same would also apply to the instant case. Hence, the
First Appeal is dismissed.
[ARUN R. PEDNEKER]
JUDGE
DDC
