Bombay High Court
Sayed Matinali Llahi Basha And Ors vs The State Of Mah And Ors on 16 April, 2025
2025:BHC-AUG:10996-DB
1 FA.874-09 & ors.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.874 OF 2009
1. Sayed Matinali Ilahi Baksha,
Age 40 years, Occu. Agri.
2. Sayed Hakimali Ilahi Baksha,
Age 38 years, Occu. Agri.
3. Sayed Marufali Ilahi Baksha,
Died through L.Rs.
3A. Sayed Parveen Maruf,
Age 25 years, Occu. Household.
3B. Sayed Shifa Maruf,
Age 2 years, Minor u/g of her natural mother
i.e. Sayed Parveen Maruf, Sayed Parveen Maruf.
4. Sayed Rafikali Ilahi Baksha,
Age 21 years, Occu. Agri.,
5. Sayed Maksudali Ilahi Baksha,
Age 25 years, Occu. Agri.,
6. Sayed Atiqueali Ilahi Baksha,
Age 24 years, Occu. Agri.,
All R/o Renapur, Tq. Renapur,
Dist. Latur. ... Appellants.
Versus
1. The State of Maharashtra,
Through Collector, Latur.
2. The Tahsildar, Renapur,
Tahsil Office, Renapur. ... Respondents.
WITH
CIVIL APPLICATION NO.14069 OF 2010
IN FIRST APPEAL NO.874 OF 2009
2 FA.874-09 & ors.odt
1. Khairunissa W/o Babamiya Sayyad,
Age 55 years, Occu. Household,
R/o Renapur.
2. Mehrunissa W/o Layakmiya Shaikh,
Age 50 years, Occu. Household,
R/o Mahada Colony, Latur. ... Applicants.
Versus
1. The State of Maharashtra,
Through Its Dist. Collector,
Collector Office, Latur.
2. The Tahasildar, Renapur,
Tahasil Office, Renapur,
Tq. Renapur, District Latur.
3. Matin Ilahibaksha Sayyed,
Age Major, Occu. Agri.
4. Hakim Ilahibaksha Sayyed,
Age Major, Occu. Agri.,
5. Rafik Ilahibaksha Sayyed,
Age Major, Occu. Agri.,
6. Atik Ilahibaksha Sayyed,
Age Major, Occu. Agri.,
7. Maksud Ilahibaksha Sayyed,
Age Major, Occu. Agri.,
8. Marufali Ilahi Baksha Sayyed,
Died through L.Rs.
8A. Parveen W/o Maruf Sayyed,
Age Major, Occu. Household.
8B. Shifa D/o Maruf Sayyed,
Age 2 years, Minor u/g of her natural mother
i.e. defendant No.8.
Respondent Nos.3 to 9 R/o Renapur,
3 FA.874-09 & ors.odt
Tq. Renapur, District Latur. ... Respondents.
WITH
CIVIL APPLICATION NO.4093 OF 2010
IN FIRST APPEAL STAMP NO.28987 OF 2009
1. The State of Maharashtra,
Through Collector, Latur.
2. The Tahasildar,
Renapur, District Latur. ... Applicants.
VERSUS
1. Sayed Matinali Ilahi Baksh,
Age 30 years, Occu. Agriculture,
2. Sayed Hakimali Ilahi Baksh,
Age 28 years, Occu. Agri.,
3. Sayed Marufali Ilahi Baksh,
(Since Deceased through L.Rs.)
3/1. Parveen W/o. Maruf Sayyad,
Age 36 Years, Occ: Household,
R/o: Renapur, Tq: Renapur, Dist: Latur,
Presently Residing at Kumbephal,
Tq: Ambejogai, Dist: Beed.
3/2. Shifa D/o. Maruf Sayyad,
Age 12 years, Minor,
(U/G of the Respondent No. 5/1).
3/3. Ilahi Baksh S/o. Mehboobali Sayed,
Age Major, Occ: Agri,
R/o: Renapur, Tq: Renapur, Dist: Latur,
3/4. Maimunbi Ilahi Baksh Syed,
Age: Major, Occ: Household, R/o. As above.
4. Sayed Rafikali Ilahi Baksh,
Age 11 years, minor.
5. Sayed Maksudali Ilahi Baksh,
4 FA.874-09 & ors.odt
Age 15 years, minor,
6. Sayed Atiqueali Ilahi Baksh,
Age 14 years, minor,
Claimants 4 to 6 minors, u/g of
Their natural father Sayed Ilahi Baksh,
Age 70 years,
All R/o. Renapur, Dist. Latur. ... Respondents.
WITH
CIVIL APPLICATION NO.4094 OF 2010
IN FIRST APPEAL STAMP NO.28987 OF 2009
1. The State of Maharashtra,
Through Collector, Latur.
2. The Tahasildar,
Renapur, District Latur. ... Applicants.
VERSUS
1. Sayed Matinali Ilahi Baksh,
Age 30 years, Occu. Agriculture,
2. Sayed Hakimali Ilahi Baksh,
Age 28 years, Occu. Agri.,
3. Sayed Marufali Ilahi Baksh,
(Since Deceased through L.Rs.)
3/1. Parveen W/o. Maruf Sayyad,
Age 36 Years, Occ: Household,
R/o: Renapur, Tq: Renapur, Dist: Latur,
Presently Residing at Kumbephal,
Tq: Ambejogai, Dist: Beed.
3/2. Shifa D/o. Maruf Sayyad,
Age 12 years, Minor,
(U/G of the Respondent No. 5/1).
3/3. Ilahi Baksh S/o. Mehboobali Sayed,
Age Major, Occ: Agri,
5 FA.874-09 & ors.odt
R/o: Renapur, Tq: Renapur, Dist: Latur,
3/4. Maimunbi Ilahi Baksh Syed,
Age Major, Occ: Household, R/o. As above.
4. Sayed Rafikali Ilahi Baksh,
Age 11 years, minor.
5. Sayed Maksudali Ilahi Baksh,
Age 15 years, minor,
6. Sayed Atiqueali Ilahi Baksh,
Age 14 years, minor,
Claimants 4 to 6 minors, u/g of
Their natural father Sayed Ilahi Baksh,
Age 70 years,
All R/o. Renapur, Dist. Latur. ... Respondents.
...
Advocate for Appellants in FA/874/09 and for respective
respondents in CA : Mr. S. S. Manale.
AGP for Respondent/s-State in FA & for Applicants in
CA/4093/2010, 4094/2010 : Mr. S. M. Ganachari.
Advocate for Applicant/Intervenor in CA/14069/10 : Mr. R. P.
Adgaonkar.
...
CORAM : SHAILESH P. BRAHME, J.
RESERVED ON : 08.04.2025
PRONOUNCED ON : 16.04.2025
JUDGMENT :
-
1. Heard both sides as well as learned counsel Mr. R. P.
Adgaonkar for the intervenor in Civil Application No.14069 of
2010.
6 FA.874-09 & ors.odt
2. First Appeal No.874 of 2009 raises a challenge to
judgment and award passed by the Reference Court on
24.10.2008 in LAR No.411 of 1999. Appellants are claiming
enhancement of the compensation. In the said appeal,
application for intervention is filed.
3. Respondent/State has filed Civil application No.4093 of
2010 for condonation of delay in preferring appeal challenging
selfsame judgment and award. Civil Application No.4094 of
2010 is for granting stay to the operation of the impugned
award.
4. Civil Application No.14069 of 2010 for intervention is
contested by appellants by filing reply. Learned counsel for the
appellants as well as learned counsel Mr. Adgaonkar are
unanimous that RCS.No.263 of 2010 filed by the intervenor
was withdrawn and order to that effect was passed on
11.06.2012. Due to the subsequent development, learned
counsel for the intervenor, on instructions, submits that he
does not want to prosecute application for intervention. Hence,
civil application for intervention is disposed of.
5. Delay of 307 days has been caused in preferring appeal
and Civil Application No.4093 of 2010 is preferred for
7 FA.874-09 & ors.odt
condonation of delay. For the reasons stated in the application,
delay stands condoned. Civil Application stands disposed of.
Office is directed to register First Appeal preferred by the State.
6. Mr. S. S. Manale, learned counsel appearing for the
appellants tenders on record a copy of common judgment and
award dated 20.06.2024 passed in First Appeal No.444 of 2010
in case of Sharad Shankarappa Halkude and others Vs. State
and others with connected matters. Arising out of the selfsame
acquisition, notification under Section 4 of the Land
Acquisition Act and common award of Reference Court, the
land owners had approached High Court. Division Bench
dismissed the appeals of the claimants for enhancement as well
as State for setting aside of the award passed by the Reference
Court. There is a reference of LAR No.411 of 1999 preferred
by present appellants in the judgment of the Coordinate Bench.
7. Learned AGP does not dispute the position and fairly
admits that the rate upheld by the Coordinate Bench can be
made applicable in the present appeals also.
8. I have gone through the common judgment dated
20.06.2024 passed by the Coordinate Bench. There is no
reason to doubt the submissions of the parties for placing
8 FA.874-09 & ors.odt
reliance on the judgment. Even I find reference to LAR No.411
of 1999 in the said judgment. Appeal of the claimant for
enhancement and that of the State are dismissed. In that case,
the Reference Court had granted compensation @ of Rs.60/-
per Sq.Ft. minus 20% towards development charges which is
upheld. I proposed to adopt the same course and reasons.
9. In the present matter, Reference Court had granted
compensation @ Rs.46/- per Sq.Ft minus 25% of the
deductions for development charges. The same needs to be
modified to rate of @ 60% per Sq.Ft. With deduction of 20%
towards development charges. On the ground of parity, I allow
First Appeal No.874 of 2009 preferred by the claimants and
dismiss appeal preferred by the State. I, therefore, pass the
following order :
ORDER
(i) First Appeal No.874 of 2009 is allowed partly and
First Appeal of the State is dismissed.
(ii) Land Acquisition Reference No.411 of 1999 is
partly allowed with proportionate costs.
(iii) The respondent Nos.1 and 2 in FA.No.874 of 2009
are hereby directed to pay the difference amount
of the compensation to claimants in LAR No.411
of 1999 at the rate of Rs.60/- per sq.ft. after
9 FA.874-09 & ors.odt
deducting market value for development of land
to the extent of 20%.
(iv) The claimants are entitled to receive 30% solatium
on the market price, 12% increase from the date
of notification u/s.4 i.e. 04.01.1996 to the date of
award i.e. 31.10.1998.
(v) The respondents No.1 and 2 in FA.No.874 of 2009
are hereby directed to pay to claimants, the
interest at the rate of 9% p.a. from 04.01.1996 for
first year and thereafter, at the rate of 15% p.a. till
the realization of the entire amount.
(vi) Calculation sheet will be treated as a part and
parcel of this judgment and continuation of this
order.
(vii) The claimants in this reference shall pay deficit
Court fees, if any.
(viii) The bank guarantee submitted by the appellants
while receiving the amount of compensation
stands discharged, if any.
(ix) Award be passed accordingly.
(x) In view of disposal of the First Appeal, nothing
survives in Civil Application No.4094 of 2010.
Civil Application stands disposed of.
(SHAILESH P. BRAHME, J.)
...
vmk/-
