High Court
Legal Reasoning
FA-2061-2021+-1- IN THE JUDICATURE OF HIGH COURT AT BOMBAYBENCH AT AURANGABADFIRST APPEAL NO. 2061 OF 20211.Waman s/o Bhujaji Devde(Died) Through Lrs1/1.Eknath s/o Wamanrao DevdeAge 55 years, Occupation Agriculture,1/2.Bhagwan s/o Wamanrao DevdeAge 45 years, Occupation Agriculture,2.Dnyanoba s/o Jijabhau Devde,Age 50 years, Occupation Agriculture,3.Sopan s/o Jijabhau Devde,Age 48 years, Occupation Agriculture,4.Subhash s/o Jijabhau Devde,Age 40 years, Occupation Agriculture,All R/o. Village Mangrul,Taluka Mantha, District Jalna.… Appellants[Orig. Claimants]Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District JalnaSince this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani. FA-2061-2021+-2- at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… RespondentsWITHFIRST APPEAL NO. 2047 OF 20211.Sitaram s/o Jaiku NirwalAge 60 years, Occupation Agriculture,2.Madan s/o Jaiku NirwalAge 56 years, Occupation Agriculture,3.Tukaram s/o Jaiku NirwalAge 58 years, Occupation Agriculture,All R/o. Village Mangrul,Taluka Mantha, District Jalna.… Appellants[Orig. Claimants]Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District JalnaSince this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani.at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents FA-2061-2021+-3- WITHFIRST APPEAL NO. 2071 OF 20211.Vijaykumar s/o Babasaheb BagalAge 35 years, Occupation Agriculture,2.Ramnath s/o Babasaheb BagalAge 30 years, Occupation Agriculture,Both R/o. Village Mangrul,Taluka Mantha, District Jalna.… Appellants[Orig. Claimants]Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District JalnaSince this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani.at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents WITHFIRST APPEAL NO. 2064 OF 20211.Prabhawatibai @ Parwati w/o Narayan PhatakeAge 65 years, Occupation Agriculture,2.Digambar s/o Dattatray PhatakeAge 60 years, Occupation Agriculture, FA-2061-2021+-4- Both R/o. Village Mangrul,Taluka Mantha, District Jalna.… Appellants[Orig. Claimants]Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District JalnaSince this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani.at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents WITHFIRST APPEAL NO. 2062 OF 20211.Sitaram s/o Jaiku NirwalAge 60 years, Occupation Agriculture,2.Madan s/o Jaiku NirwalAge 56 years, Occupation Agriculture,3.Tukaram s/o Jaiku NirwalAge 58 years, Occupation Agriculture,All R/o. Village Mangrul,Taluka Mantha, District Jalna.… Appellants[Orig. Claimants] FA-2061-2021+-5- Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District JalnaSince this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani.at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents WITHFIRST APPEAL NO. 2067 OF 20211.Devrao s/o Yogaji Bagal (died)2.Tanabai w/o Devrao Bagal (died)through their LRs.2A.Sopan s/o Devrao BagalDied Through LRs2A-1.Balasaheb s/o Sopanrao BagalAge 47 years, Occupation Agriculture,2A-2.Mahadev s/o Sopanrao BagalAge 35 years, Occupation Agriculture,Both R/o. Village Mangrul,Taluka Mantha, District Jalna.… Appellants FA-2061-2021+-6- [Orig. Claimants]Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District JalnaSince this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani.at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents WITHFIRST APPEAL NO. 2066 OF 20211.Suresh s/o Pandharinath BagalAge 48 years, Occupation Agriculture,2.Trimbak s/o Pandharinath BagalAge 35 years, Occupation Agriculture,Both R/o. Village Mangrul,Taluka Mantha, District Jalna.… Appellants[Orig. Claimants]Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District Jalna FA-2061-2021+-7- Since this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani.at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents WITHFIRST APPEAL NO. 2069 OF 20211.Dnyanoba s/o Parbata GhugeAge 60 years, Occupation Agriculture,R/o. Village Mangrul,Taluka Mantha, District Jalna.2.Udhavrao s/o Vankatrao BoradeDied his LRs2.1Dnyanoba s/o Udhavrao BoradeAge 45 years, Occupation Agriculture,2.2Tukaram s/o Udhavrao BoradeAge 40 years, Occupation Agriculture,Both R/o. Village Patoda,Taluka Mantha, District Jalna.… Appellants[Orig. Claimants]Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District Jalna FA-2061-2021+-8- Since this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani.at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents WITHFIRST APPEAL NO. 2065 OF 20211.Dnyanoba @ Dnyandev s/o Abarao BagalAge 35 years, Occupation Agriculture,2.Dhondiba @ Dhondiram s/o Abarao BagalAge 44 years, Occupation Agriculture,Both R/o. Village Mangrul,Taluka Mantha, District Jalna.… Appellants[Orig. Claimants]Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District JalnaSince this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani. FA-2061-2021+-9- at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents WITHFIRST APPEAL NO. 2308 OF 20211.Santosh s/o Vishnu AwacharDied through LRs1/1.Shilpa w/o Santosh AwacharAge 38 years, Occupation Agriculture,1/2.Abhishek s/o Santosh AwacharAge 19 years, Occupation Student,1/3.Narayan S/o Santosh AwacharAge 18 years, Occupation Student,All R/o. Village Mangrul,Taluka Mantha, District Jalna.… Appellants[Orig. Claimants]Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District JalnaSince this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani. FA-2061-2021+-10- at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents WITHFIRST APPEAL NO. 2063 OF 2021Sampatrao s/o Niwrati Bagal (died)1.Satyabhamabai w/o Sampatrao Bagal,Age 75 years, Occupation Agriculture,2.Ganesh s/o Sampatrao Bagal,Age 55 years, Occupation Agriculture,3.Munjaji Sampatrao Bagal (died)Through his Legal Heir’s3.1Sushila w/o Munjaji BagalAge 58 years, Occupation Household,R/o. Village Mangrul, Taluka Mantha,District Jalna.3.2Krishna s/o Munjaji BagalAge 29 years, Occupation Agriculture,R/o. Village Mangrul, Taluka Mantha,District Jalna.3.3Rameshwar s/o Munjaji BagalAge 24 years, Occupation Agriculture,R/o. Village Mangrul, Taluka Mantha,District Jalna.4.Parmeshwar s/o Sampatrao Bagal,Age 50 years, Occupation Agriculture,R/o. Village Mangrul, Taluka Mantha,District Jalna.… Appellants[Orig. Claimants] FA-2061-2021+-11- Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District JalnaSince this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani.at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents WITHFIRST APPEAL NO. 2070 OF 2021Kisan s/o Bapurao LahaneDied Through LRs1.Chandrakala w/o Kisan LahaneAge 55 years, Occupation Agriculture,2.Amol s/o Kisan LahaneAge 24 years, Occupation Agriculture,3.Deepak s/o Kisan LahaneAge 21 years, Occupation Agriculture,Both R/o. Village Mangrul, Taluka Mantha,District Jalna.… Appellants[Orig. Claimants]Versus FA-2061-2021+-12- 1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District JalnaSince this department is abolished -at presentThe Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani.at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents WITHFIRST APPEAL NO. 2068 OF 20211.Uttam s/o Pratap JadhavAge- years, Occupation Agriculture,2.Bansi s/o Pratap JadhavAge- years, Occupation Agriculture,Both R/o. Village Mangrul, Taluka Mantha,District Jalna.… Appellants[Orig. Claimants]Versus1.The State of MaharashtraThrough the Collector, Jalna.2.The Special Land Acquisition Officer,Krishna Khore, District JalnaSince this department is abolished -at present
Legal Reasoning
FA-2061-2021+-13- The Sub Divisional Officer at Partur,Taluka Partur, District Jalna.3.The Executive EngineerLower Dudhana Project Division, Selu,Taluka Sailu, District Parbhani.at presentThe Executive Engineer,Jalna Irrigation Department,Near Motibagh, Jalna,Taluka and District Jalna.… Respondents...Mr. V. D. Bhise, Advocate for the Appellants.Mr. N. D. Batule, AGP for Respondent Nos. 1 and 2.Mr. N. U. Yadav, Advocate for Respondent No.3.... CORAM :ABHAY S. WAGHWASE, J. Reserved on: 15.07.2025Pronounced on: 24.07.2025JUDGMENT : 1.All these appeals are preferred by the respective appellants,who are the original claimants, for seeking enhancement ofcompensation amounts awarded by the learned District Judge – 2,Jalna (hereinafter referred to as “the learned Reference Court”) underthe respective judgments.2.The subject lands in all these appeals, which are situated atvillage Mangrul, are acquired by the Government for Nimna DudhanaProject vide Notification dated 19.06.1997 issued under Section 4 ofthe Land Acquisition Act. FA-2061-2021+-14- 3.Learned counsel for the appellants as well as learned counselfor the acquiring body, in all these appeals, made a joint submissionbefore this Court that all these appeals can be disposed off in view ofthe order dated 19.08.2022 passed by this Court in First Appeal No.1958 of 2018 with First Appeal No. 2485 of 2016.4.On perusal of the aforesaid order, it appears that this Court hasrelied upon certain earlier orders in the appeals arising out of thesame acquisition, which were settled before the Lok Adalat with anagreement between the rival parties on the rate of Rs.2400/- per Arein respect of dry lands.5.Learned counsel for the appellants as well as learned counselfor the acquiring body, in all these appeals, also made a jointsubmission that some of the other connected matters arising out ofthe same acquisition, were settled before the Lok Adalat and the rateof Rs.3600/- per Are was granted for semi-irrigated lands andRs.4800/- was granted for fully irrigated lands. Thus, it appears that,learned counsel for respective appellants as well as learned counselfor the acquiring body, in all these appeals, are in agreement forfollowing rates as per the specification of the lands : FA-2061-2021+-15- ClassificationRateDry LandsRs.2400/- per AreSemi-irrigated LandsRs.3600/- per AreFully-irrigated LandsRs.4800/- per ArePotkharab landsRs.1200/- per Are6.Learned counsel for the respective parties in all these appealssubmit that, they completely agree with the observations of thelearned Reference Court in respect of classification/categorization ofthe lands in the impugned judgments.7.In view of the above, following order is passed :ORDERI.In all these appeals, respective appellants-claimants shall beentitled for the rate of compensation as agreed betweenthemselves and the acquiring body, which is as follows :ClassificationRateDry LandsRs.2400/- per AreSemi-irrigated LandsRs.3600/- per AreFully-irrigated LandsRs.4800/- per ArePotkharab landsRs.1200/- per AreII.The appellants-claimants shall also be entitled to get interestunder Section 28 and 34 of the Land Acquisition Act, 1894,from the respective dates of awards passed by the Special LandAcquisition Officer.
Decision
FA-2061-2021+-16- III.The appellants-claimants shall be entitled to get interest @ 12%per annum as a special component from the date of Notificationunder Section 4(1) of the Land Acquisition Act, 1894, till thedate of passing respective awards by the Special LandAcquisition Officer, as per Section 23(1A) of the Act.IV.The appellants-claimants shall also be entitled to get 30%solatium on the difference of market value under Section 23(2)of the Land Acquisition Act, 1894.V.However, the appellants-claimants shall not be entitled forinterest or any other monetary benefits for the period of delay,if any, caused in filing appeals.VI.The awards be modified accordingly.VII.The appeals are accordingly disposed of. No order as to costs.VIII.Pending Civil Applications, if any, stand disposed off.IX.Liberty to pay deficit court fee, if any, within two weeks after itis computed by the office.X.Record and Proceedings be sent back to the Reference Court. [ABHAY S. WAGHWASE, J.]vre