Bombay High Court
V.I.D.C. Thr. Exe. Engineer, Nimna ... vs Bandu Meghshyam Vankar And Others on 8 May, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:5760
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO. 358 OF 2020
FIRST APPEAL NO. 161 OF 2021
FIRST APPEAL NO. 162 OF 2021
FIRST APPEAL NO. 165 OF 2021
FIRST APPEAL NO. 389 OF 2021
FIRST APPEAL NO. 537 OF 2021
FIRST APPEAL NO. 540 OF 2021
FIRST APPEAL NO. 379 OF 2022
FIRST APPEAL NO. 1018 OF 2022
FIRST APPEAL NO. 170 OF 2023
FIRST APPEAL NO. 143 OF 2024
FIRST APPEAL NO. 06 OF 2020
...............................................................
FIRST APPEAL NO. 358 OF 2020
Vidarbha Irrigation Development Corporation,
through Executive Engineer,
Nimna Painganga Project Division,
Yavatmal, Tq. and Distt. Yavatmal ... APPELLANT
// V E R S U S //
1. Devidas Shamrao Tijare (Deceased)
Through his legal heirs
(a) Smt. Indubai Devidas Tijare,
Aged 78 Yrs., Occu.: Housewife,
(b) Sau Suman Bharatrao Raut,
Aged 48 Yrs., Occu.: Housewife,
(c) Sau Geeta Dnyaneshwar Dondal,
Aged 45 Yrs., Occu.: Housewife,
(d) Shri Dhanraj Devidas Tijare,
Aged 44 Yrs., Occu.: Agriculturist,
(e) Shri Hemraj Devidas Tijare,
Aged 42 Yrs., Occu.: Agriculturist,
(f) Shri Jagdish Devidas Tijare,
Aged 39 Yrs., Occu.: Agriculturist,
R/o. Chikhali, Tal Ralegaon,
Distt. Yavatmal
64 fa 358.2020+12 covered judgment of land acquisition.odt
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2. State of Maharashtra,
through Collector, Yavatmal
Dist. Yavatmal
3. Special Land Acquisition Officer,
Bembla Project Yavatmal,
Tq. and Dist. Yavatmal ... RESPONDENTS
---------------------------------------------------------------------------------------------------------
Mr. H. D. Marathe, Advocate for the appellant.
Mr A. R. Ingole, Advocate for respondent Nos. 1(a) to 1(f)
Ms Sonia Thakur, AGP for respondent Nos. 2 and 3/State.
---------------------------------------------------------------------------------------------------------
AND
FIRST APPEAL NO. 161 OF 2021
Vidarbha Irrigation Development Corporation,
through its Executive Engineer,
Bembla Irrigation Division,
(Earlier known as Bembla Canal Project),
Yavatmal, District Yavatmal ... APPELLANT
// V E R S U S //
1. Dhanraj Kavduji Umate,
Aged Major, Occu.: Agriculturist,
R/o. Chikhali, Tq. Ralegaon,
District Yavatmal
2. State of Maharashtra,
Through its Collector, Yavatmal
3. Special Land Acquisition Officer,
Bembla Project, Yeotmal
District- Yavatmal ... RESPONDENTS
---------------------------------------------------------------------------------------------------------
Ms Ashwini Athalye, Advocate for the appellant.
Mr A. R. Ingole, Advocate for respondent No.1
Mr S. C. Joshi, AGP for respondent Nos.2 and 3/State.
-------------------------------------------------------------------------------------------------------
AND
FIRST APPEAL NO. 162 OF 2021
Vidarbha Irrigation Development Corporation,
through its Executive Engineer,
Nimna Painganga Project Division
Yavatmal, (Earlier known as Bembla
Canal Project Division), Yavatmal, ... APPELLANT
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District Yavatmal
// V E R S U S //
1. Hanuman Kavduji Umate,
Aged Major, Occu.: Agriculturist,
All R/o. Chikhali, Tq. Ralegaon,
District Yavatmal
2. State of Maharashtra,
Through its Collector, Yavatmal
3. The Special Land Acquisition Officer,
Bembla Project, District- Yavatmal ... RESPONDENTS
---------------------------------------------------------------------------------------------------------
Ms Ashwini Athalye, Advocate for the appellant.
Mr A. R. Ingole, Advocate for respondent No.1
Ms Kavita Bhondge, AGP for respondent Nos.2 and 3/State.
-------------------------------------------------------------------------------------------------------
AND
FIRST APPEAL NO. 165 OF 2021
Executive Engineer,
Nimna Painganga Project Division,
Yavatmal, Tahsil and District Yavatmal ... APPELLANT
// V E R S U S //
1. Vilas Kaduji Umate,
Aged Major, Occu.: Agriculturist,
R/o. Chikhali, Tah. Ralegaon &
Dist: Yavatmal
2. State of Maharashtra,
Through its Collector, Yavatmal
Tahsil and District Yavatmal
3. Special Land Acquisition Officer,
Bembla Project, Yavatmal,
Tah. & Dist. Yavatmal ... RESPONDENTS
---------------------------------------------------------------------------------------------------------
Ms I. P. Khisti, Advocate for the appellant.
Mr A. R. Ingole, Advocate for respondent No.1
Mr M. A. Kadu, AGP for respondent Nos.2 and 3/State.
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AND
FIRST APPEAL NO. 389 OF 2021
Vidarbha Irrigation Development Corporation,
through its Executive Engineer,
Nimna Painganga Project Division,
(Earlier known as Bembla Project
Division), Yavatmal, District Yavatmal ... APPELLANT
// V E R S U S //
1. Rambhau Keshav Barde,
2. Sundarabai Rambhau Barde,
Aged Major, Occu.: Agriculturist,
R/o. Chikhali, Tq. Ralegaon,
District Yavatmal
3. State of Maharashtra,
Through its Collector, Yavatmal
4. The Special Land Acquisition Officer,
Bembla Project, Yavatmal,
District- Yavatmal ... RESPONDENTS
---------------------------------------------------------------------------------------------------------
Ms Ashwini Athalye, Advocate for the appellant.
Mr Ashish Nakshane, Advocate for respondent Nos.1 and 2
Ms M. R. Kavimandan, AGP for respondent Nos.3 and 4/State.
-------------------------------------------------------------------------------------------------------
AND
FIRST APPEAL NO. 537 OF 2021
Vidarbha Irrigation Development Corporation,
through its Executive Engineer,
Nimna Painganga Project Division,
(Earlier known as Bembla Canal
Project Division), Yavatmal,
District Yavatmal ... APPELLANT
// V E R S U S //
1. Namdeo Ramaji Umate,
Aged Major, Occu.: Agriculturist,
R/o. Chikhali, Tq. Ralegaon,
District Yavatmal
2. State of Maharashtra,
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Through its Collector, Yavatmal
3. Special Land Acquisition Officer,
Bembla Project, Yeotmal, District- Yavatmal ... RESPONDENTS
---------------------------------------------------------------------------------------------------------
Ms Ashwini Athalye, Advocate for the appellant.
Mr A. R. Ingole, Advocate for respondent No.1
Ms Prachi Joshi, AGP for respondent Nos.2 and 3/State.
---------------------------------------------------------------------------------------------------------
AND
FIRST APPEAL NO. 540 OF 2021
Vidarbha Irrigation Development Corporation,
through its Executive Engineer,
Bembla Irrigation Division,
(Earlier known as Bembla Canal
Project), Yavatmal ... APPELLANT
// V E R S U S //
1. Rangrao S/o. Lakshaman Khaire,
Aged Major, Occu.: Agriculturist,
R/o. Chikhali, Tah. Ralegaon &
Dist: Yavatmal
2. State of Maharashtra,
Through its Collector, Yavatmal
3. The Special Land Acquisition Officer,
Bembla Project Canal Division, Yavatmal ... RESPONDENTS
---------------------------------------------------------------------------------------------------------
Ms Ashwini Athalye, Advocate for the appellant.
Mr A. R. Ingole, Advocate for respondent No.1
Ms Sonia Thakur, AGP for respondent Nos.2 and 3/State.
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AND
FIRST APPEAL NO. 379 OF 2022
Vidarbha Irrigation Development Corporation,
Through Executive Engineer,
Bembla Canal Division, Yavatmal
Taluka and District Yavatmal ... APPELLANT
// V E R S U S //
1. Sadanand Mohan Turale,
Aged Major, Occu.: Agriculturist,
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R/o. Chikhali (Vadhona Bazar),
Taluka Ralegaon, District Yavatmal
2. The State of Maharashtra,
Through its Collector, Yavatmal
District Yavatmal
3. The Special Land Acquisition Officer,
Bembla Project, Yavatmal
Taluka & District Yavatmal ... RESPONDENTS
---------------------------------------------------------------------------------------------------------
Mr Amit Kukday, Advocate for the appellant.
Ms Kavita Bhondge, AGP for respondent Nos.2 and 3/State.
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AND
FIRST APPEAL NO. 1018 OF 2022
1. Vidarbha Irrigation Development Corporation,
through its Executive Engineer,
Irrigation Division and Bembla Canal
Division, Yavatmal, Tq. and Dist. Yavatmal
2. The Executive Engineer,
Bembla Canal Division, Yavatmal ... APPELLANTS
// V E R S U S //
1. Ashok Mohan Turale,
Aged Major, Occu.: Agriculturist,
R/o. Chikhali (Vadhona Bazar),
Tq. Ralegaon, Dist: Yavatmal
2. The State of Maharashtra,
through its Collector, Yavatmal
3. The Special Land Acquisition Officer,
Bembla Project Yavatmal,
Tq. Dist. Yavatmal ... RESPONDENTS
---------------------------------------------------------------------------------------------------------
Mr M. A. Kadu, Advocate for the appellants.
Ms M. R. Kavimandan, AGP for respondent Nos.2 and 3/State.
---------------------------------------------------------------------------------------------------------
AND
FIRST APPEAL NO. 170 OF 2023
Vidarbha Irrigation Development Corporation,
through Executive Engineer,
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Nimna Painganga Project Division,
Yavatmal, Tq and Dist. Yavatmal ... APPELLANT
// V E R S U S //
1. Bandu Meghshyam Vankar,
Aged Major, Occu.: Agriculturist,
R/o. Chikhali, Tq. Ralegaon,
Dist. Yavatmal
2. State of Maharashtra,
Through Collector, Yavatmal
Dist. Yavatmal
3. Special Land Acquisition Officer,
Bembla Project, Yavatmal
Tq & Dist. Yavatmal ... RESPONDENTS
---------------------------------------------------------------------------------------------------------
Mr H. D. Marathe, Advocate for the appellant.
Mr A. B. Nakshane, Advocate for respondent No.1
Mr M. A. Kadu, AGP for respondent Nos.2 and 3/State.
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AND
FIRST APPEAL NO. 143 OF 2024
Vidarbha Irrigation Development Corporation,
Through its Executive Engineer,
Bembla Irrigation Division,
(Earlier known as Bembla Canal
Project Division), Yavatmal
District Yavatmal ... APPELLANT
// V E R S U S //
1. Niranjan Maroti Naranje,
Aged Major, Occu.: Agriculturist,
R/o. Chikhali, Taq. Ralegaon,
District Yavatmal
2. State of Maharashtra,
Through its Collector, Yavatmal
3. The Special Land Acquisition Officer,
Minor Irrigation Works No.2, Yavatmal
District Yavatmal ... RESPONDENTS
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Ms Ashwini Athalye, Advocate for the appellant.
Mr A. B. Nakshane, Advocate for respondent No.1
Ms Prachi Joshi, AGP for respondent Nos.2 and 3/State.
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AND
FIRST APPEAL NO. 06 OF 2020
Executive Engineer,
Nimna Painganga Project Division,
Tahsil and District Yavatmal ... APPELLANT
// V E R S U S //
1. Bhaskar Nago Nagpure,
Aged Major, Occu.: Agriculturist,
R/o. Chikhali, Tah. Ralegaon &
Dist: Yavatmal
2. State of Maharashtra,
Through its Collector, Yavatmal
Tahsil and District Yavatmal
3. Special Land Acquisition Officer,
Bembla Project, Yavatmal,
Tah. & Dist. Yavatmal ... RESPONDENTS
---------------------------------------------------------------------------------------------------------
Ms Ira P. Khisti, Advocate for the appellant.
Mr A. B. Nakshane, Advocate for respondent No.1
Mr M. A. Kadu, AGP for respondent Nos.2 and 3/State.
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CORAM : G. A. SANAP, J.
DATE : 08/05/2024
ORAL JUDGMENT :
1 Heard finally with the consent of learned
Advocates for the parties.
2 The lands in all these appeals were acquired for the
64 fa 358.2020+12 covered judgment of land acquisition.odt
purpose of the Bembla Project. Out of these appeals, the lands
in First Appeal No. 1018 of 2022 and First Appeal No. 379 of
2022 were seasonally irrigated and the lands in rest of the
appeals were dry crop lands. The market price determined by
the reference Court for seasonally irrigated lands was
Rs.6,08,248/- (Rupees Six Lacs Eight Thousand Two
Hundred and Forty Eight only) per hectare and for dry crop
lands @ Rs.4,46,050/-(Rupees Four Lacs Forty Six Thousand
Fifty only) per hectare. In all the references, the land was
situated at village Chikhli and for the purpose of determining
the market price, the sale deed dated 30.05.2007 of a land
bearing Gat No. 149/2 situated at village Wadhona Bazar, Tq.
Ralegaon has been taken into consideration. In view of this, all
the appeals are being disposed of by common judgment.
3 The land in all the appeals was acquired pursuant
to the notification published in the official gazette under
Section 4 of the Land Acquisition Act, 1894 dated
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13.03.2008 and 03.01.2008. The award was passed on
08.06.2009 and 10.12.2009. The land acquisition officer
determined the market price of the land in all the appeals @ of
Rs.90,000/- per hectare for dry crop land and Rs.81,200/- per
hectare for seasonally irrigated land. The respective claimants/
land owners in all the appeals filed the reference before the
Collector, Yavatmal. The Collector, Yavatmal made over the
references to the Civil Judge Senior Division, Yavatmal (for
short 'the reference Court').
4 The parties adduced the evidence before the
reference Court. Learned reference Court in the references
pertaining to dry crop land determined the market price @ of
Rs.4,46,050/- per hectare and pertaining to seasonally
irrigated land @ of Rs.6,08,248/- per hectare. Being aggrieved
by this, the acquiring body has filed these appeals.
5 I have heard learned Advocates for the parties.
64 fa 358.2020+12 covered judgment of land acquisition.odt
Perused the record and proceedings.
6 In the facts and circumstances, following points
fall for my determination:
(i) Whether the market price of the seasonally
irrigated land determined @ of Rs.6,08,248/- per
hectare is just, proper and reasonable ?
(ii) Whether the market price of the dry crop
land determined @ of Rs.4,46,050/- per hectare
is just, proper and reasonable ?
7 Learned Advocate for the appellant-acquiring body
submitted that the reference Court has awarded excessive and
exorbitant compensation by relying upon the sale deed of an
adjacent village. Learned Advocate submitted that the reasons
recorded by the reference Court for placing implicit reliance
on the said sale deed are not convincing. Learned Advocate
submitted that there is no iota of evidence on record to prove
that the market price determined by the land acquisition
64 fa 358.2020+12 covered judgment of land acquisition.odt
officer was not just, proper and reasonable.
8 Learned Advocates appearing for the claimants
submitted that there was no sale instance available from village
Chikhli where the lands in all the appeals are situated.
Learned Advocates submitted that the sale deed which has
been made the basis for determining the compensation was of
a land situated at Wadhona Bazar. Village Wadhona Bazar is
not far away from village Chikhli. Learned Advocates
submitted that the claimants have proved that the said sale
deed was a genuine sale transaction and therefore, the reliance
placed on the said sale deed by the reference Court was in
accordance with law. Learned Advocates further pointed out
that considering the minus factors vis-a-vis the land situated at
village Chikhli, the reference Court has made a 15% deduction
from the market value of the land mentioned in the sale deed.
Learned Advocates submitted that the exemplar sale deed was
in respect of land admeasuring 1.70 hectares.
64 fa 358.2020+12 covered judgment of land acquisition.odt
9 I have perused the record and proceedings. I have
gone through the judgment and award passed by the reference
Court in all the reference cases. The land subject matter of
relied sale deed is located on the Ralegaon-Wadaki State
Highway. There are hardly 4 to 5 fields in between the
acquired land in all the appeals and village Wadhona Bazar.
Compared to Wadhona Bazar, Chikhli is a small town. It is
evident from the award that Ralegaon-Wadki Road is 100
mtrs. away from village Chikhli. Village Chikhli is at a distance
of 12 km from Tahsil place Ralegaon. Considering the
distance between the acquired land and the land of the sale
instance, the reference Court in all the references concluded
that the sale deed of village Wadhona Bazar, subject to
reasonable deductions, can be made basis for determining the
market price of the land acquired in all the references.
10 The exemplar sale deed was executed on
30.05.2007. It was in respect of 1.70 hectare of land. The
64 fa 358.2020+12 covered judgment of land acquisition.odt
acquiring body has not adduced oral evidence to rebut the
evidence adduced by the claimants. On the basis of the
evidence adduced by the claimants, it has been proved that the
sale transaction was a bona fide sale transaction. As per the
sale deed, the land was sold @ of Rs.4,77,058/- per hectare.
The reference Court has recorded the reasons for placing
implicit reliance on the sale deed. It needs to be stated that in
the absence of a sale instance of a particular village for the
relevant period, the sale instance of the land from the adjacent
village can be taken into consideration. However, while
determining the price on the basis of such a sale deed, the
Court has to consider plus and minus factors. In this case, the
reference Court has recorded the reasons for placing implicit
reliance on the said sale deed. There is hardly any evidence to
show that this sale deed was brought into existence to inflate
the price of the land in anticipation of the acquisition of the
land in the area. It has been proved that for the relevant
64 fa 358.2020+12 covered judgment of land acquisition.odt
period there was no sale instance of a land at village Chikhli.
The reference Court has made a 15% deduction and came to
the conclusion that the market price of the acquired land on
the date of the Section 4 notification would be Rs.4,46,050/-.
On going through the materials on record, I am satisfied that
the reference Court has not committed any mistake or error.
The oral evidence adduced by the claimants in all the
references, as well as the documentary evidence, is sufficient to
conclude that there is no substance in all these appeals.
Accordingly, I answer point Nos. 1 and 2 in the affirmative.
11 In view of this finding, the appeals deserve to be
dismissed. Accordingly, all first appeals stand dismissed. No
order as to costs. Pending applications, if any, stand disposed
of.
(G. A. SANAP, J.)
Namrata
Signed by: Miss Namrata Suryawanshi
Designation: PA To Honourable Judge
Date: 22/05/2024 11:14:32
