High Court
Legal Reasoning
1 921-CA 4037-2013.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCIVIL APPLICATION NO. 4037 OF 2013 IN FAST/1587/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusDatta Nivrutti Kendre.. RespondentWITHCIVIL APPLICATION NO. 4038 OF 2013 IN FAST/1587/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusDatta Nivrutti Kendre.. RespondentWITH FIRST APPEAL (STAMP) NO. 1587 OF 2013The State Of Maharashtra Through Collector And Another.. AppellantsVersusDatta Nivrutti Kendre.. RespondentANDCIVIL APPLICATION NO. 4023 OF 2013 IN FAST/1569/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersus 1 of 13 2 921-CA 4037-2013.odtBabu Dagadoba Kendre And Another.. RespondentsWITHCIVIL APPLICATION NO. 4024 OF 2013 IN FAST/1569/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusBabu Dagadoba Kendre And Another.. RespondentsWITH FIRST APPEAL (STAMP) NO. 1569 OF 2013The State Of Maharashtra Through Collector And Another.. AppellantsVersusBabu Dagadoba Kendre And Another.. RespondentsANDCIVIL APPLICATION NO. 4029 OF 2013 IN FAST/1575/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusRamchandra Sadaba Kendre.. RespondentWITHCIVIL APPLICATION NO. 4030 OF 2013 IN FAST/1575/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersus 2 of 13 3 921-CA 4037-2013.odtRamchandra Sadaba Kendre.. RespondentWITHFIRST APPEAL (STAMP) NO. 1575 OF 2013The State Of Maharashtra Through Collector And Another.. AppellantsVersusRamchandra Sadaba Kendre.. RespondentANDCIVIL APPLICATION NO. 4025 OF 2013 IN FAST/1581/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusLaxman Sopan Kendre.. RespondentWITHCIVIL APPLICATION NO. 4026 OF 2013 IN FAST/1581/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusLaxman Sopan Kendre.. RespondentWITHFIRST APPEAL (STAMP) NO. 1581 OF 2013The State Of Maharashtra Through Collector And Another.. AppellantsVersusLaxman Sopan Kendre.. Respondent 3 of 13 4 921-CA 4037-2013.odtANDCIVIL APPLICATION NO. 4068 OF 2013 IN FAST/1593/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusBalu Sopan Kendre.. RespondentWITHCIVIL APPLICATION NO. 4070 OF 2013 IN FAST/1593/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusBalu Sopan Kendre.. RespondentWITHFIRST APPEAL (STAMP) NO. 1593 OF 2013The State Of Maharashtra Through Collector And Another.. AppellantsVersusBalu Sopan Kendre.. RespondentANDCIVIL APPLICATION NO. 4039 OF 2013 IN FAST/1590/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusDnyanoba Bhagwanta Tonpe.. Respondent 4 of 13 5 921-CA 4037-2013.odtWITHCIVIL APPLICATION NO. 4067 OF 2013 IN FAST/1590/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusDnyanoba Bhagwanta Tonpe.. RespondentWITHFIRST APPEAL (STAMP) NO. 1590 OF 2013The State Of Maharashtra Through Collector And Another.. AppellantsVersusDnyanoba Bhagwanta Tonpe.. RespondentANDCIVIL APPLICATION NO. 4031 OF 2013 IN FAST/1572/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusTukaram Bhagwanta Tonpe.. RespondentWITHCIVIL APPLICATION NO. 4033 OF 2013 IN FAST/1572/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusTukaram Bhagwanta Tonpe.. Respondent 5 of 13 6 921-CA 4037-2013.odtWITH FIRST APPEAL (STAMP) NO. 1572 OF 2013The State Of Maharashtra Through Collector And Another.. AppellantsVersusTukaram Bhagwanta Tonpe.. RespondentANDCIVIL APPLICATION NO. 4035 OF 2013 IN FAST/1584/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusKamalakar Bhagwanrao Kulkarni.. RespondentWITHCIVIL APPLICATION NO. 4036 OF 2013 IN FAST/1584/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusKamalakar Bhagwanrao Kulkarni.. RespondentWITHFIRST APPEAL (STAMP) NO. 1584 OF 2013The State Of Maharashtra Through Collector And Another.. AppellantsVersusKamalakar Bhagwanrao Kulkarni.. Respondent 6 of 13 7 921-CA 4037-2013.odtANDCIVIL APPLICATION NO. 4027 OF 2013 IN FAST/1578/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusSopan Vithoba Kendre.. RespondentWITHCIVIL APPLICATION NO. 4028 OF 2013 IN FAST/1578/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusSopan Vithoba Kendre.. RespondentWITHFIRST APPEAL (STAMP) NO. 1578 OF 2013The State Of Maharashtra Through Collector And Another.. AppellantsVersusSopan Vithoba Kendre.. RespondentANDCIVIL APPLICATION NO. 4072 OF 2013 IN FAST/1517/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusNamdeo Bhagvanta Tompe.. Respondent 7 of 13 8 921-CA 4037-2013.odtWITHCIVIL APPLICATION NO. 4074 OF 2013 IN FAST/1517/2013The State Of Maharashtra Through Collector And Another.. ApplicantsVersusNamdeo Bhagvanta Tompe.. RespondentWITHFIRST APPEAL (STAMP) NO. 1517 OF 2013The State Of Maharashtra Through Collector And Another.. AppellantsVersusNamdeo Bhagvanta Tompe.. RespondentSmt. A. S. Deshmukh, AGP for the Appellants/Applicants in all matters. CORAM : KISHORE C. SANT, J. DATE : 10th SEPTEMBER, 2025. PER COURT :- CIVIL APPLICATIONS FOR CONDONATION OF DELAY :1.In all these civil applications the respondents are served. Inspite of service, none appears for respondents.2.Heard learned A.G.P. for the applicants.3.For the reasons stated in the applications, delay standscondoned. The applications are allowed. Office to register firstappeals. 8 of 13 9 921-CA 4037-2013.odtFIRST APPEALS :1.Since all the appeals are arising out of common judgmentand order, the same are taken up together and are being disposedof by common order. 2.These appeals are filed challenging judgment and awarddated 09.09.2011 passed by the learned C.J.S.D., Udgir, DistrictLatur in respective L.A.Rs. as per the chart below :Sr.NoFA with CA No.LAR No.LandAcquiredSLAO RatePer RReference CourtRate per R1FAST 1587/2013withCA 4037/20132202/201025 RRs. 889/-Rs. 3000/- forDry LandR. 4500/- forseasonablyirrigated land2FAST 1517/2013withCA 4072/20132197/20101 H 60 RRs. 889/-Rs. 3000/- forDry LandR. 4500/- forseasonablyirrigated land3FAST 1569/2013withCA 4023/20132198/201060 RRs. 889/-Rs. 3000/- forDry LandR. 4500/- forseasonablyirrigated land4FAST 1572/2013withCA 4031/20132203/201041 RRs. 889/-Rs. 3000/- forDry LandR. 4500/- forseasonablyirrigated land5FAST 1575/2013withCA 4029/20132199/201068 R32 RRs. 889/-Rs. 3000/- forDry LandR. 4500/- forseasonablyirrigated land 9 of 13 10 921-CA 4037-2013.odt6FAST 1578/2013withCA 4027/20132204/201036 RRs. 889/-Rs. 3000/- forDry LandR. 4500/- forseasonablyirrigated land7FAST 1581/2013withCA 4025/20132200/201090 RRs. 889/-Rs. 3000/- forDry LandR. 4500/- forseasonablyirrigated land8FAST 1584/2013withCA 4035/20132201/201030 RRs. 889/-Rs. 3000/- forDry LandR. 4500/- forseasonablyirrigated land9FAST 1590/2013withCA 4039/20132205/20101 H 50 R1 H 2 RRs. 889/-Rs. 3000/- forDry LandR. 4500/- forseasonablyirrigated land10FAST 1593/2013withCA 4068/20132206/201035 RRs. 889/-Rs. 3000/- forDry LandR. 4500/- forseasonablyirrigated land3.The learned A.G.P. vehemently argued that, in the presentcases, the learned S.L.A.O. had rightly awarded the compensationat the rate of Rs. 889/- per R for dry land. The learned TrialJudge, however, has enhanced the compensation by giving rate ofRs. 3,000/- per R. for dry land and Rs. 4500/- for seasonallyirrigated land. She submits that, the learned S.L.A.O. hasconsidered the sale instances, location of the land and quality ofthe land. There was no sufficient evidence to enhance the amount 10 of 13 11 921-CA 4037-2013.odtof compensation. She therefore submits that, the appeals deserveto be allowed by quashing and setting aside the impugnedjudgment and award.4.This Court has gone through the judgment. It is seen thatthe learned S.L.A.O. did not furnish any evidence in support of hiscase. The claimant in L.A.R. No. 2202/2010 is examined. Thelearned S.L.A.O. has taken a ground that the references are not intime, however, could not establish exact date of service of noticeof award. So far as amount of compensation is concerned, theclaimant produced on record a sale deed dated 29.11.1999 of GatNo. 565 from the same village at Exh. 13. Another sale deed wasof CTS No. 1072 dated 18.01.2002 from village Jalkot. Third saledeed produced at Exh. 14 is dated 18.01.2005 from Gat no. 1075from village Jalkot. The parties also produced on record andrelied upon the said judgment. The learned Judge consideredthat, all these sale instances are prior to notification under section4 of the Land Acquisition Act issued on 24.11.2005. It is furtherconsidered that the lands are in village Malhipparga havingpopulation of 3000. It is having all the facilities. There are sugarfactories near said village. The sale deed which has relied upon 11 of 13 12 921-CA 4037-2013.odtshows that in 1999 the rate granted was Rs. 2,84,444/- . The landwas admeasuring of 9 R. The learned Court thus considered therate as per R. It is further considered that, considering the saledeed of 1999 the learned Judge added 10% value to the land eachyear and thus, came to conclusion that the value would come toRs. 4,55,000/- per Acre. The sale deed dated 18.01.2002 showsthat a consideration for 25 R land was Rs. 2,25,000/- showingthat the rate per Acre was Rs. 3,60,000/-.5.Considering the above, this Court finds that, the learnedTrial Judge has rightly considered all the aspects involved in thematter and has granted rate of Rs. 3,000/- per R for dry land andRs. 4500/- per R for seasonally irrigated land. The learned A.G.P.submits that, only in two L.A.Rs. the land is considered to beseasonally irrigated land. She could not point out the said landswere not seasonally irrigated land, but were dry lands.6.This Court thus finds that, there is no illegality or perversitypointed out in the impugned judgment and award. Therefore, thisCourt is not inclined to allow the appeals. The first appeals standdismissed. No order as to costs. 12 of 13
Decision
13 921-CA 4037-2013.odt7.Pending civil applications, if any, also stand disposed of. 8.If the amount is already deposited, the claimants shall beentitled to receive the same.( KISHORE C. SANT, J. ) P.S.B. 13 of 13