Bombay High Court
Case Details
2024:BHC-AUG:25811 1 2776.11FA+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.2776 OF 2011 Executive Engineer, Jalna Minor Irrigation Division, Jalna under Godawari Marathwada Irrigation Development Corporation, Aurangabad. .. APPELLANT 1] 2] 3] VERSUS The State of Maharashtra Through Collector, Jalna. The Special Land Acquisition Officer (B & C), Jalna. Satyakumar s/o. Bhimrao Shinde Age : 57 yrs, Occ : Agri., R/o. Bodhalapuri, Tq.Ghansawangi, District – Jalna. .. RESPONDENTS … Mr.B.R.Surwase, Advocate for the appellant Mrs.P.V.Diggikar, AGP for the respondent-State Mrs.Asha Rakh, Advocate for the respondent no.3. … AND FIRST APPEAL NO.2773 OF 2011 Executive Engineer, Jalna Minor Irrigation Division, Jalna under Godawari Marathwada Irrigation Development Corporation, Aurangabad. .. APPELLANT VERSUS 2 2776.11FA+ 1] 2] 3] The State of Maharashtra Through Collector, Jalna. The Special Land Acquisition Officer (B & C), Jalna. Rama s/o. Janardan Shete, (Died through L.Rs.) 3/1. Neelabai w/o. Rama Shete, Age : 72 yrs. Occ : Agri., 3/2. Subhash s/o. Rama Shete, Age : 54 years, Occu : Agril., 3/3. Uday s/o. Rama Shete Age : 50 years, Occu : Agril., 4. Madhukar s/o. Rama Shete, Age : 47 years, Occu : Agri., Resp. No. 3 to 4 R/o. Bodhalapuri, Tq. Ghansawangi, District – Jalna. .. RESPONDENTS …
Legal Reasoning
Mr.B.R.Surwase, Advocate for the appellant Mrs.P.V.Diggikar, AGP for the respondent-State Mrs.Asha Rakh, Advocate for the respondent no.3/1 & 4. … AND FIRST APPEAL NO.2775 OF 2011 Executive Engineer, Jalna Minor Irrigation Division, Jalna under Godawari Marathwada Irrigation Development Corporation, Aurangabad. .. APPELLANT VERSUS 3 2776.11FA+ 1] 2] 3] 4] The State of Maharashtra Through Collector, Jalna. The Special Land Acquisition Officer (B & C), Jalna. Jagannath s/o. Bhaurao Kharat Age : 62 yrs, Occ : Agri., r/o. Bodhalapuri, Tq. Ghansawangi, District – Jalna. Deorao s/o. Bhaurao Kharat, Age : 57 years, Occu : Agril., R/o. Bodhalapuri, Tq. Ghansawangi, District – Jalna. .. RESPONDENTS … Mr.B.R.Surwase, Advocate for the appellant Mrs.P.V.Diggikar, AGP for the respondent-State Mrs.Asha Rakh, Advocate for the respondent no.3 & 4. … AND FIRST APPEAL NO.2772 OF 2011 Executive Engineer, Jalna Minor Irrigation Division, Jalna under Godawari Marathwada Irrigation Development Corporation, Aurangabad. .. APPELLANT 1] 2] 3] VERSUS The State of Maharashtra Through Collector, Jalna. The Special Land Acquisition Officer (B & C), Jalna. Padmakar s/o. Baburao Shete, Age : 62 yrs, Occ : Agri., R/o. Bodhalapuri, Tq. Ghansawangi, District – Jalna. .. RESPONDENTS 4 … 2776.11FA+ Mr.B.R.Surwase, Advocate for the appellant Mrs.P.V.Diggikar, AGP for the respondent-State Mrs.Asha Rakh, Advocate for the respondent no.3. … AND FIRST APPEAL NO.2777 OF 2011 Executive Engineer, Jalna Minor Irrigation Division, Jalna under Godawari Marathwada Irrigation Development Corporation, Aurangabad. .. APPELLANT 1] 2] 3] VERSUS The State of Maharashtra Through Collector, Jalna. The Special Land Acquisition Officer (B & C), Jalna. Rashidabi w/o. Babukhan Pathan, Age : 57 yrs, Occ : Agri., R/o. Bodhalapuri, Tq. Ghansawangi, District – Jalna. .. RESPONDENTS … Mr.B.R.Surwase, Advocate for the appellant Mrs.P.V.Diggikar, AGP for the respondent-State Mrs.Asha Rakh, Advocate for the respondent no.3. … AND FIRST APPEAL NO.2779 OF 2011 Executive Engineer, Jalna Minor Irrigation Division, Jalna under Godawari Marathwada Irrigation Development Corporation, Aurangabad. .. APPELLANT 5 2776.11FA+ 1] 2] 3] VERSUS The State of Maharashtra Through Collector, Jalna. The Special Land Acquisition Officer (B & C), Jalna. Sandipan s/o. Shamrao Shinde, Age : 60 yrs, Occ : Agri., R/o. Bodhalapuri, Tq. Ghansawangi, District – Jalna. .. RESPONDENTS … Mr.B.R.Surwase, Advocate for the appellant Mrs.P.V.Diggikar, AGP for the respondent-State Mrs.Asha Rakh, Advocate for the respondent no.3. … AND FIRST APPEAL NO.2771 OF 2011 Executive Engineer, Jalna Minor Irrigation Division, Jalna under Godawari Marathwada Irrigation Development Corporation, Aurangabad. .. APPELLANT VERSUS The State of Maharashtra Through Collector, Jalna. The Special Land Acquisition Officer (B & C), Jalna. Yankaji Rangnath Ghadge, (Died through L.Rs.) 1] 2] 3] 3/1. Kesharbai w/o. Yankaji Ghadge, Age: 67 yrs, Occ : Household. 6 2776.11FA+ 3/2. Gangubai w/o. Yankaji Ghadge, Age : 57 years, Occu : Household, Resp. Nos. 3/1 to 3/2 R/o. Sidheshwar Paimpalgaon, Tq.Ghansawangi, District Jalna. .. RESPONDENTS … Mr.B.R.Surwase, Advocate for the appellant Mrs.P.V.Diggikar, AGP for the respondent-State Mrs.Asha Rakh, Advocate for the respondent no.3/1 & 3/2. … AND FIRST APPEAL NO.2778 OF 2011 Executive Engineer, Jalna Minor Irrigation Division, Jalna under Godawari Marathwada Irrigation Development Corporation, Aurangabad. .. APPELLANT 1] 2] 3] 4] VERSUS The State of Maharashtra Through Collector, Jalna. The Special Land Acquisition Officer (B & C), Jalna. Afjalkhan s/o. Abdulkhan Age : 55 yrs., Occ : Agri., R/o. Bodhalapuri, Tq. Ghansawangi, District Jalna. Salimabi w/o. Abdulkhan Age : 50 yrs., Occ : Agri., R/o. Bodhalapuri, Tq. Ghansawangi, District Jalna. .. RESPONDENTS 7 … 2776.11FA+ Mr.B.R.Surwase, Advocate for the appellant Mrs.P.V.Diggikar, AGP for the respondent-State Mrs.Asha Rakh, Advocate for the respondent no.3 & 4. … CORAM : ARUN R. PEDNEKER, J. DATE : 26.09.2024 P.C. : 1] When all the First Appeals are listed together, one of the First Appeal No. 2774 of 2011 was withdrawn on account of enhancement by the Reference Court from the award granted by the Special Land Acquisition Officer being within four times. The order dated 27th July, 2024 passed in First Appeal No.2774 of 2011, is as under :
Decision
ORDER 1. …. 2. Learned Advocate for the appellant submitted that above numbered group of appeals is squarely covered by the Government Resolution No. Sankirna-2014 /Pra.Kra4/Bham-1/A-4 dated 3rd November, 2016 with Government Corrigendum dated 23rd February, 2017 and 13th August, 2018 to the said Government Resolution. In turn, this appeal can be withdrawn as pe the policy decision taken by the Government of Maharashtra. Accordingly, the appellants are withdrawing this appeal. 8 2776.11FA+ …. …. …. …. The appeal stand disposed off as 3. 4. 5. 6. 7. withdrawn. No order as to costs. As such, the learned counsel for the Appellants submits that in all these First Appeals the challenge is only limited to the compensation granted towards valuation of the trees. The learned counsel for the appellants further submits that the appellant, being acquiring body, was not made party to the Reference. He contends that the acquiring body is ‘the Executive Engineer, Jalna Minor Irrigation Division, Jalna’, however, in the cause title of the reference, the State is the party, so also, the name of the acquiring body is mentioned as ‘The Executive Engineer, Minor Irrigation, (Z-P) Division Jalna’. He further submits that the acquiring body mentioned in the cause title of the present appeals is not party in the reference before the Reference Court. He further submits that it appears from the record that in two Appeals, notices were also received by the acquiring body, however, they chooses not to appear 9 2776.11FA+ in the matter and it has proceeded ex parte. The State of Maharashtra and the Special Land Acquisition Officer (B & C ) were made party in the reference. 2] It is also not disputed before me that one of the First Appeal is already withdrawn on account of the fact that the enhancement granted by the Reference Court is within four times of the compensation granted by the Special Land Acquisition Officer. In all these First Appeals the issue is in respect of the compensation awarded towards trees. 3] It is to be noticed that there is no dispute as regards number of trees mentioned in the award of the Special Land Acquisition Officer. In LAR No.60/1999 the compensation granted towards trees is as under : Kind of trees No.of trees Amount awarded u/s.11 of each trees. Rs.818.73 Rs.462.29 Rs.388.18 Rs.264.46 Rs.1432.39 Rs.4996 Mosambi Bor Bor Bor Mango Tamarind 120 50 25 25 10 01 Amount awarded by the Reference Court for each trees. Rs.2000/- Rs.500/- Rs.500/- Rs.500/- Rs.3000/- Rs.8000/- 10 2776.11FA+ 4] The Reference Court has enhanced compensation towards trees on the basis of the valuer report. The valuer was cross examined by the State. The valuer fixed the value of the fruit bearing trees on visiting the spot, taking into consideration its ages, growth, size etc. He has given details as to how he has computed the trees by giving detail chart with the report. Chart contains all the information as regards number of trees, their heights, width and balance life of the trees and that the annual income of the trees. It has also deducted expenditure towards maintenance of the trees, so also, other facts in respect of maintenance of the trees. The said valuation report is accepted by the Reference Court. 5] The learned counsel for the appellant submits that since the appellant was not party to the proceedings before the Reference Court, the matter be remanded back to the extent of the valuation of the trees. 6] Having perused of the evidence given by the valuer, so also, the valuer was cross examined by the State 11 2776.11FA+ and the valuation enhanced is a marginal and not very high and in two Appeals, notices were also received by the acquiring body, however, they chooses not to appear in the matter and considering the acquisition is of the year 1996, it would not be appropriate to remand the matter back only for the purpose of computation of valuation of the trees. I do not see any reason to interfere with the impugned judgment and order passed by the Reference Court. In view of the same, all the First Appeals are dismissed. 7] The amount deposited before this Court be transmitted to the Reference Court at Jalna so as to enable the claimants to withdraw the same. The claimants are entitled to withdraw the said amount. 8] All pending Civil Applications, if any, stand disposed of accordingly. [ARUN R. PEDNEKER] JUDGE DDC