BALUBAI HATESING GIRASE v. THE COLLECTOR DHULE AND OTHERS AND
Case Details
29-FA-1135-2023 to 48 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 29 FIRST APPEAL NO. 1135 OF 2023 BALUBAI HATESING GIRASE VERSUS THE COLLECTOR DHULE AND OTHERS AND 30 FIRST APPEAL NO. 698 OF 2021 WITH FIRST APPEAL NO. 699 OF 2021 WITH FIRST APPEAL NO. 700 OF 2021 GANPAT THANSING GIRASE VERSUS THE COLLECTOR DHULE AND OTHERS AND 31 FIRST APPEAL NO. 702 OF 2021 WITH FIRST APPEAL NO. 704 OF 2021 WITH FIRST APPEAL NO. 705 OF 2021 BABU DHUDKU PAWAR VERSUS THE COLLECTOR DHULE AND OTHERS AND 32 FIRST APPEAL NO. 708 OF 2021 WITH FIRST APPEAL NO. 706 OF 2021 WITH FIRST APPEAL NO. 707 OF 2021 HIMMAT BHAGWAN GIRASE VERSUS THE COLLECTOR DHULE AND OTHERS
Legal Reasoning
AND 33 FIRST APPEAL NO. 710 OF 2021 WITH FIRST APPEAL NO. 711 OF 2021 WITH FIRST APPEAL NO. 709 OF 2021 Pooja K. 1/8 29-FA-1135-2023 to 48 KOMALSING BHAGWA GIRASE VERSUS THE COLLECTOR DHULE AND OTHERS AND 34 FIRST APPEAL NO. 714 OF 2021 WITH FIRST APPEAL NO. 716 OF 2021 WITH FIRST APPEAL NO. 715 OF 2021 SUMANBAI HILAL PAWAR VERSUS THE COLLECTOR DHULE AND OTHERS AND 35 FIRST APPEAL NO. 717 OF 2021 WITH FIRST APPEAL NO. 719 OF 2021 WITH FIRST APPEAL NO. 718 OF 2021 INDRASING GOTESING GIRASE (DIED) THR LRS KALPANABAI VERSUS THE COLLECTOR DHULE AND OTHERS AND 36 FIRST APPEAL NO. 720 OF 2021 WITH FIRST APPEAL NO. 721 OF 2021 WITH FIRST APPEAL NO. 722 OF 2021 DHAKU DASHRATH MAHALE (DIED) THR LRS BHATABAI VERSUS THE COLLECTOR DHULE AND OTHERS AND 37 FIRST APPEAL NO. 723 OF 2021 WITH FIRST APPEAL NO. 724 OF 2021 WITH FIRST APPEAL NO. 725 OF 2021 PURUSHOTTAM KESHAV SHIRUDE VERSUS THE COLLECTOR DHULE AND OTHERS Pooja K. 2/8 29-FA-1135-2023 to 48 AND 38 FIRST APPEAL NO. 1136 OF 2023 BHATU KHUSHAL SALAVE (DIED) THR LRS SAVITRIBAI BHATU SALAVE AND ANOTHER VERSUS THE COLLECTOR DHULE AND OTHERS AND 39 FIRST APPEAL NO. 1137 OF 2023 DILIP BAJESING GIRASE VERSUS THE COLLECTOR DHULE AND OTHERS AND 40 FIRST APPEAL NO. 1138 OF 2023 YOGESH NAWALSING GIRASE VERSUS THE COLLECTOR DHULE AND OTHERS AND 41 FIRST APPEAL NO. 1139 OF 2023 DADABHAU VEDU GIRASE VERSUS THE COLLECTOR DHULE AND OTHERS AND 42 FIRST APPEAL NO. 2196 OF 2023 HARSING LALSING GIRASE VERSUS THE COLLECTOR DHULE AND OTHERS AND 43 FIRST APPEAL NO. 2197 OF 2023 MANGA NAMDEO PAWAR (DIED) THR LRS INDUBAI MANGA Pooja K. 3/8 29-FA-1135-2023 to 48 PAWAR AND ANOTHER VERSUS THE COLLECTOR DHULE AND OTHERS AND 44 FIRST APPEAL NO. 2198 OF 2023 ANANDSING MANGA GIRASE VERSUS THE COLLECTOR DHULE AND OTHERS AND 45 FIRST APPEAL NO. 2199 OF 2023 VASANT HARI WANI (KOTHAWADE) VERSUS THE COLLECTOR DHULE AND OTHERS AND 46 FIRST APPEAL NO. 2200 OF 2023 BAPURAO KASHINATH WANI VERSUS THE COLLECTOR DHULE AND OTHERS AND 47 FIRST APPEAL NO. 2325 OF 2023 RAGHUNATH SHENPADU BHIL (MALCHE) VERSUS THE COLLECTOR DHULE AND OTHERS AND 48 FIRST APPEAL NO. 2377 OF 2023 MAHADU INDARSING GIRASE VERSUS THE SPECIAL LAND ACQUISITION OFFICER MEDIUM IRRIGATION DHULE AND OTHERS Pooja K. 4/8 29-FA-1135-2023 to 48
Legal Reasoning
… Mr. B.K. Pawar a/w. Ms. S.A. Kale h/f. Mr. A.B. Kale – Advocate for Appellants Mr. S.N. Kendre, Mr. B.V. Virdhe, Mr. S.P. Tiwari and Mr. R.D. Sanap – AGP’s for Respondents, State Ms. M.S. Jagtap, Mr. M.S. Kokate, Mr. V.V. Tarde, Mr. D.D. Pokharkar, Mr. D.B. Rasve h/f. Mr. A.D. Pawar – Advocates for respective Respondents …. CORAM : SANDIPKUMAR C. MORE, J. DATE : 17th July, 2023 PER COURT : 1. Heard rival submissions. 2. All these appeals are filed by the respective appellants – claimants challenging the respective impugned judgments and awards passed by the learned Civil Judge Senior Division, Dhule in their respective Land Acquisition References. 3. It is brought to the notice by the learned Counsel – Mr. A.B. Kale for the appellants – claimants that the other connected matters arising out of the same acquisition were already settled in Lok Adalat dated 8th February, 2020 by way of compromise between the appellants – claimants therein and the respondent – acquiring body. It was decided at the relevant time that, acquiring body had accepted to pay compensation Pooja K. 5/8 29-FA-1135-2023 to 48 amounts in respect of house properties mentioned therein to the extent 85% of the valuation reports filed before the learned Reference Court within a period of one year from the date of compromise. Further, it was also agreed by the appellants – claimants therein to accept the interest under Section 20 of the Land Acquisition Act from the date of award instead of date of notification. 4. It is significant to note that, in view of the said compromise or settlement in the aforesaid Lok Adalat dated 8th February, 2020, this Court vide order dated 27th April, 2023 also disposed off bunch of appeals namely First Appeal No.3738 of 2019 and others arising out of same acquisition, on the same conditions. 5. The respective learned Counsel for the respondent – acquiring body in all these appeals also accepted the aforesaid fact of compromise and prayed for disposing the appeals on the same terms and conditions. 6. In view of the same, following order is passed : Pooja K. 6/8 29-FA-1135-2023 to 48
Decision
ORDER (i) All these appeals are partly allowed and the respondent – acquiring body shall pay compensation amount to all these appellants – claimants in respect of their house properties mentioned therein at the rate of 85% of the valuation report submitted by these appellants before the learned Reference Court. (ii) The respondent – acquiring body shall pay the interest under Section 28 of the Land Acquisition Act from the date of award. (iii) The respondent – acquiring body shall deposit the amount of enhanced compensation as aforesaid, within a period of one year from the date of this order directly in Reference Court and on such deposit, all these appellants – claimants are permitted to withdraw their respective amounts of compensation alongwith the interest. (iv) In case the payment is delayed by the respondent – acquiring body even after period of one year then it shall Pooja K. 7/8 carry the statutory interest till its realization. 29-FA-1135-2023 to 48 (v) The concerned appellants – claimants are directed to pay the deficit Court Fees, if any, at the time of modification of awards. (vi) The awards be modified accordingly and the pending Civil Applications, if any, also stand disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K. 8/8