Civil Application No. 963 of 2022 · Bombaybench High Court
Case Details
(1) 48 FA-1132.2021.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD48 FIRST APPEAL NO. 1132 OF 2021NARMADABA NARAYAN KOLI AND OTHERSVERSUSTHE STATE OF MAHARASHTRA AND OTHERSWITHCIVIL APPLICATION NO. 963 OF 2022 IN FAST/22383/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSDHANRAJ TOTARAM SALUNKE AND OTHERS WITHCIVIL APPLICATION NO. 961 OF 2022 IN FAST/22337/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSKOKILABAI BHAGWAT KOLI WITHCIVIL APPLICATION NO. 962 OF 2022 IN FAST/22334/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSLAKSHMIBAI RAMKRISHANA KOLI WITHFIRST APPEAL NO. 330 OF 2021THE EX. ENGINEER, MINOR IRRIGATION JALGAON AND ANRVERSUSTULASABAI DEVRAM KOLI (DIED) THROUGH LRSSUNANDABAI AND OTHERS WITH
Legal Reasoning
(2) 48 FA-1132.2021.odtFIRST APPEAL NO. 1128 OF 2021BABU KADUBA KOLIVERSUSDISTRICT COLLECTOR, JALGAON AND OTHERSWITHFIRST APPEAL NO. 1156 OF 2021BHAGWAN DAGADU KOLI (DIED) LRS CHHAYA AND ORSVERSUSTHE STATE OF MAHARASHTRA AND OTHERS WITHFIRST APPEAL NO. 1127 OF 2021KADUBA SHANKAR KOLIVERSUSDISTRICT COLLECTOR, JALGAON AND OTHERS WITHFIRST APPEAL NO. 1157 OF 2021DINKAR SHENFADU KOLI AND OTHERSVERSUSTHE STATE OF MAHARASHTRA AND OTHERS WITHFIRST APPEAL NO. 1168 OF 2021LAKSHAMIBAI RAMKRISHNA KOLIVERSUSTHE STATE OF MAHARASHTRA AND OTHERS WITHFIRST APPEAL NO. 1169 OF 2021KOLILABAI BHAGWAT KOLIVERSUSTHE STATE OF MAHARASHTRA AND OTHERS WITHFIRST APPEAL NO. 1129 OF 2021MANSAK KASAM TADVI (3) 48 FA-1132.2021.odtVERSUSDISTRICT COLLECTOR, JALGAON AND OTHERS WITHFIRST APPEAL NO. 1130 OF 2021BARAKU VITHOBA KOLIVERSUSDISTRICT COLLECTOR, JALGAON AND OTHERS WITHFIRST APPEAL NO. 1173 OF 2021BHAGWAT SHANKAR KOLIVERSUSTHE STATE OF MAHARASHTRA AND OTHERS WITHFIRST APPEAL NO. 1170 OF 2021DAGADU LATIF TADAVIVERSUSTHE STATE OF MAHARASHTRA AND OTHERS WITHFIRST APPEAL NO. 1172 OF 2021CHANGDEO SAILU KOLI (DIED) THR LRS VILAS AND ORSVERSUSTHE STATE OF MAHARASHTRA AND OTHERS WITHFIRST APPEAL NO. 1171 OF 2021DNYANESHWAR BARAKU KOLI AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA AND OTHERS WITHFIRST APPEAL NO. 1153 OF 2021TULSABAI DEVRAM KOLI (DIED) THROUGH LRSSUNANDABAI AND OTHERSVERSUSDISTRICT COLLECTOR, JALGAON AND OTHERS (4) 48 FA-1132.2021.odt WITHFIRST APPEAL NO. 1133 OF 2021DEVCHAND BUDHA BORADEVERSUSTHE STATE OF MAHARASHTRA AND OTHERS WITHFIRST APPEAL NO. 756 OF 2022DHANRAJ DATTU CHAUDHARI AND OTHERSVERSUSDISTRICT COLLECTOR, JALGAON AND OTHERS WITHFIRST APPEAL NO. 707 OF 2022BANABAI BARKU CHAUDHARI (DIED) THROUGH LRSANANDA BARKU CHAUDHARIVERSUSDISTRICT COLLECTOR, JALGAON AND OTHERS WITHFIRST APPEAL NO. 706 OF 2022SONABAI VITTHAL MAGRE (MANG) (DIED) THROUGH LRSASHOK AND OTHERSVERSUSDISTRICT COLLECTOR, JALGAON AND OTHERS WITHCIVIL APPLICATION NO. 8417 OF 2021 IN FAST/21468/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSDEVCHAND BUDHA BORADE WITHCIVIL APPLICATION NO. 8418 OF 2021 IN FAST/21468/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERS (5) 48 FA-1132.2021.odtVERSUSDEVCHAND BUDHA BORADE WITHFIRST APPEAL NO. 1471 OF 2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSMANSAK KASAM TADAVI WITHFIRST APPEAL NO. 1469 OF 2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSBARKU VITHOBA KOLIWITHCIVIL APPLICATION NO. 8422 OF 2021 IN FA/1469/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSBARKU VITHOBA KOLI WITHFIRST APPEAL NO. 1470 OF 2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSBABU KADUBA KOLI WITHCIVIL APPLICATION NO. 8423 OF 2021 IN FA/1470/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSBABU KADUBA KOLI (6) 48 FA-1132.2021.odtWITHFIRST APPEAL NO. 1468 OF 2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSKADUBA SHANKAR KOLI WITHCIVIL APPLICATION NO. 8419 OF 2021 IN FA/1468/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSKADUBA SHANKAR KOLI WITHCIVIL APPLICATION NO. 8415 OF 2021 IN FAST/21499/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSDNYANESHWAR BARAKU KOLI AND ANOTHER WITHCIVIL APPLICATION NO. 8416 OF 2021 IN FAST/21499/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSDNYANESHWAR BARAKU KOLI AND ANOTHER WITHCIVIL APPLICATION NO. 8413 OF 2021 IN FAST/21502/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSCHANGDEO SAILU KOLI (DIED) THROUGH LRS VILASCHANGDEO KOLI AND OTHERS (7) 48 FA-1132.2021.odtWITHCIVIL APPLICATION NO. 8414 OF 2021 IN FAST/21502/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSCHANGDEO SAILU KOLI (DIED) THR LRS VILAS CHANGDEOKOLI AND ORS WITHCIVIL APPLICATION NO. 9278 OF 2021 IN FAST/22334/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSLAXMIBAI RAMKRUSHAN KOLI WITHCIVIL APPLICATION NO. 9279 OF 2021 IN FAST/22334/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSLAKSHMIBAI RAMKRISHANA KOLIWITHCIVIL APPLICATION NO. 9280 OF 2021 IN FAST/22337/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSKOKILABAI BHAGWAT KOLI WITHCIVIL APPLICATION NO. 9281 OF 2021 IN FAST/22337/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSKOKILABAI BHAGWAT KOLI (8) 48 FA-1132.2021.odtWITHCIVIL APPLICATION NO. 9276 OF 2021 IN FAST/22383/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSDHANRAJ TOTARAM SALUNKE AND OTHERSWITHCIVIL APPLICATION NO. 9277 OF 2021 IN FAST/22383/2021THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND OTHERSVERSUSDHANRAJ TOTARAM SALUNKE AND OTHERS WITHCIVIL APPLICATION NO. 8578 OF 2020 IN FAST/23159/2020THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,JALGAON AND ANOTHERVERSUSBANABAI BARKU CHAUDHARI AND OTHERS WITHCIVIL APPLICATION NO. 8579 OF 2020 IN FAST/23159/2020THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,JALGAON AND ANOTHERVERSUSBANABAI BARKU CHAUDHARI AND OTHERS WITHFIRST APPEAL NO. 123 OF 2025THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,JALGAON AND ANOTHERVERSUSSONABAI VITTHAL MAGRE (DIED THR LRS) ASHOK VITTHALMAGARE AND OTHERS
Legal Reasoning
(9) 48 FA-1132.2021.odt WITHCIVIL APPLICATION NO. 8615 OF 2020 IN FA/123/2025THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,JALGAON AND ANOTHERVERSUSSONABAI VITTHAL MAGRE (DIED THROUGH LRS) ASHOKVITTHAL MAGARE AND OTHERSWITHCIVIL APPLICATION NO. 8612 OF 2020 IN FAST/23256/2020THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND ANOTHERVERSUSDHANRAJ DATTU CHAUDHARI AND OTHERSWITHCIVIL APPLICATION NO. 8613 OF 2020 IN FAST/23256/2020THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.JALGAON AND ANOTHERRVERSUSDHANRAJ DATTU CHAUDHARI AND ORS WITHCIVIL APPLICATION NO. 2243 OF 2023 IN FAST/33007/2022IRSHADBI BHIKA TADVI (DIED) THR LRS. LATIF BHIKATADVI (DIED) THR LRS. SABERABI AND OTHERSVERSUSTHE DISTRICT COLLECTOR, JALGAON AND OTHERS...Mr. Ajeet B. Kale, Advocate for the original claimants.Mr. A.D. Pawar, Mr. Chetan Jadhav and Mrs.Manjusha Jagtap,Advocates for the Acquiring Body in respective appeals.Mr. Rajdeep Raut, Mr. D.J. Patil and Mr. R.B.Dhaware, AGPsfor respondent / State in respective appeals. ... (10) 48 FA-1132.2021.odt CORAM :SANDIPKUMAR C. MORE, J.DATED : 10 MARCH 2025ORDER:-1.As per the request of learned Counsel for theappellants/claimants, First Appeal No. 756 of 2022 filed by theclaimants and the corresponding First Appeal (St) No. 23256 of2020 alongwith civil applications are detagged from the groupof these appeals.2.Heard rival submissions.3.All these appeals are filed by the respectiveclaimants for enhancement of compensation. The AcquiringBody has also filed certain appeals challenging some of theimpugned awards in the appeals filed by the claimants.However, during the pendency the learned Counsel for theappellants/claimants placed reliance on the judgment passedby the learned Reference Court in the group of LAR No. 274 of2012 and others whereby the learned Reference Court in thosematters has granted following rates for calculation ofcompensation in respect of the lands as well as fruit bearingand forest trees. (11) 48 FA-1132.2021.odt1.For Bagayat Land- Rs. 10,00,000/- per Hectare2.For Jirayat Land- Rs. 5,00,000/- per Hectare3.For Potkharab Land- Rs. 2,50,000/- per Hectare4.For forest trees- 60% of the amount mentioned in the valuer’s report5.For fruit bearing trees- 80% of the amount mentioned in the valuer’s reportIt is to be noted that the same valuer’s report inrespect of forest and fruit bearing trees is also considered in allthese appeals filed by the appellants/claimants.4.The learned Counsel for the appellants/claimantstherefore submits that the compensation at the same rates beawarded in the present appeals also. The respective learnedCounsel for the Acquiring Body also accepted the said positionas they have already settled some other matters by grantingthe same rate as mentioned above. However, the respectivelearned Counsel for the Acquiring Body submit that the landbeneath the fruit bearing and forest trees needs to be deductedwhile computing the compensation in respect of the landsmentioned in these appeals. The learned Counsel for theappeallants has pointed out that such deduction is already (12) 48 FA-1132.2021.odtmade by the larned Reference Court in all these appeals.Therefore, there is no question of giving separate direction tothe executing court while computing the amount ofcompensation as per the rates mentioned above.5.In view of the same, all the first appeals (exceptdetagged appeals) filed by the appellants / claimants forenhancement of compensation are allowed in terms of thejudgment dated 12.04.2018 in group of LAR No.274 of 2012and others and the rates mentioned in aforesaid para No.3 aregranted for calculating the compensation amounts in each ofthese appeals. The awards be prepared in all these appealsaccording to the aforesaid rates and be modified accordingly.However, the rate of interest which is to be awarded underSections 28 and 34 of the Land Acquisition Act be calculatedfrom the date of award only. The other statutory benefitsgranted by the Reference Court be kept as it is. The enhancedamounts of compensation so calculated be deposited by theAcquiring Body within six months. After deposit of suchamounts of enhanced compensation, the concernedappellants/claimants are entitled to withdraw the samealongwith the interest without further reference to this Court.
Decision
(13) 48 FA-1132.2021.odt6.The appeals filed by appellants/claimants (exceptdetagged appeals) are accordingly disposed of alonwithpending civil applications, if any. Needless to say, the appealsfiled by the Acquiring Body against some of the impugnedjudgments are also disposed of alongwith the pending civilapplications, if any. (SANDIPKUMAR C. MORE, J.)VD_Dhirde