High Court

Legal Reasoning

{1} FA-1850-2015(J)IN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABADFIRST APPEAL NO. 1850 OF 2015Ramrao s/o Madhavrao SalunkeDied Through Legal Heirs1. Deepak s/o Ramrao Salunke Age- 60 years, Occ. Agriculture.2.Ramesh s/o Ramrao SalunkeAge- 55 years, Occ. Agriculture.3.Sunil s/o Ramrao SalunkeAge- 52 years, Occ. AgricultureAll R/o. Ukadgaon Kopargaon RoadOpp. Jagdham Lawns, VaijapurTaluka Vaijapur, Dist. Aurangabad....APPELLANTS[Orig. Claimants]VERSUS1.The State of MaharashtraThrough Collector, Aurangabad,Collectorate, Aurangabad.2.Nandur Madhmeshwar Kalwa Division,Through its Engineer, Yeola Road,Vaijapur, District- Aurangabad....RESPONDENTS [Orig. Respondents] ANDFIRST APPEAL NO. 1847 OF 2015Shaikh Jamir s/o Shaikh AmirAge- 56 years, Occ. AgricultureR/o. Mustafawadi, Ladgaon Road,Vaijapur, Taluka- Vaijapur,District- Aurangabad....APPELLANT [Orig. Claimants]VERSUS1.The State of MaharashtraBhagyawant Punde {2} FA-1850-2015(J)Through Collector, Aurangabad,Collectorate, Aurangabad.2.Nandur Madhmeshwar Kalwa Division,Through its Engineer, Yeola Road,Vaijapur, District- Aurangabad....RESPONDENTS [Orig. Respondents] ANDFIRST APPEAL NO. 1848 OF 2015Balasaheb s/o Fakirrao KathawateAge- 58 years, Occ. AgricultureR/o. Jadhav Galli, Vaijapur,Taluka- Vaijapur,District- Aurangabad....APPELLANT[Orig. Claimants]VERSUS1.The State of MaharashtraThrough Collector, Aurangabad,Collectorate, Aurangabad.2.Nandur Madhmeshwar Kalwa Division,Through its Engineer, Yeola Road,Vaijapur, District- Aurangabad....RESPONDENTS [Orig. Respondents] ANDFIRST APPEAL NO. 1982 OF 2015Subhash s/o Trimbak PondeAge- 66 years, Occ. AgricultureR/o. Shivaji Road, Vaijapur,Taluka- Vaijapur, Dist. Aurangabad...APPELLANT[Orig. Claimants]VERSUS1.The State of MaharashtraThrough Collector, Aurangabad,Collectorate, Aurangabad.2.Nandur Madhmeshwar Kalwa Division,Through its Engineer, Yeola Road,Vaijapur, District- Aurangabad....RESPONDENTS Bhagyawant Punde {3} FA-1850-2015(J) ANDFIRST APPEAL NO. 1849 OF 2015Shaikh Hasham s/o Shaikh SanduSince died through L.Rs.1.Rehana Begum w/o Shaikh HashamAge- 66 years, Occ- Agriculture & Household2.Shaikh Shakil s/o Shaikh HashamAge- 29 years, Occ. Agriculture & Business3.Shaikh Akil s/o Shaikh HashamAge- 27 years, occ- Agriculture4.Shaikh Samir s/o Shaikh HashamAge- 25 years, Occ- Agriculture5.Shaikh Shamim s/o Shaikh HashamAge 22 years, Occ- EducationAll R/o. Kazi Galli, Vaijapur,Taluka- Vaijapur, Dist. Aurangabad....APPELLANTS[Orig. Claimants]VERSUS1.The State of MaharashtraThrough Collector, Aurangabad,Collectorate, Aurangabad.2.Nandur Madhmeshwar Kalwa Division,Through its Engineer, Yeola Road,Vaijapur, District- Aurangabad.Respondents No. 1 and 2 Orig. Respondents 3.Shaikh Jamil s/o Shaikh HashamAge- 36 years, Occ- Agriculture & BusinessR/o. Kazi Galli, Vaijapur, Dist. Aurangabad....RESPONDENTS Respondent No. 3 Orig. Claimant No. 2Mr. Ajit D. Kasliwal, Advocate for appellantsMr. B.R. Surwase, Advocate for respondent No. 2Mr. B.B. Bhise, AGP for StateBhagyawant Punde {4} FA-1850-2015(J) [CORAM : NITIN B. SURYAWANSHI, J.] RESERVED ON : 10th JULY, 2024 PRONOUNCED ON: 26th JULY, 2024 JUDGMENT:1.Original claimants by these appeals filed undersection 54 of the Land Acquisition Act, challenge judgment andaward passed by learned Civil Judge, Senior Division, Vaijapur, inLAR No. 103/2010 (First Appeal No. 1847/2015), LAR No.124/2010 (First Appeal No. 1848/2015), LAR No. 114/2010(First Appeal No. 1849/2015), LAR No. 104/2010 (First AppealNo. 1850/2017) and LAR No. 125/2010 (First Appeal No.1982/2015).2.Lands of the claimants are acquired for constructionof Narangi Medium Project Right Canal Minor No. 2, villageVaijapur, Dist. Aurangabad. Possession of acquired lands wastaken on 13.03.2000 and notification under section 4 of the LandAcquisition Act, 1894 (for short “LA Act”) was published inGovernment Gazette on 08.06.2006. Award was passed on03.11.2008. Special Land Acquisition Officer (for short “SLAO”)awarded compensation @ Rs. 2250/- per Are to the claimants.Claimants filed references seeking enhancement ofcompensation and Reference Court has enhanced compensationBhagyawant Punde {5} FA-1850-2015(J)to Rs. 4500/- per Are. Claimants are seeking enhancement ofcompensation awarded by the Reference Court.3.Heard learned advocate for appellants, learnedadvocate for respondent No. 2 and learned AGP for State.Perused the record, written notes of arguments submitted byacquiring body and citations relied upon by the parties.4.Learned advocate for appellants submits thatReference Court has erred in treating irrigated lands as dry landsand awarding compensation @ Rs. 4500/- per Are. In support ofhis case he relied on Special Land Acquisition Officer, BYDA,Bagalkot vs. Mohd. Hanif Sahib Bawa Sahib, 2002(4) ALL MR242 (S.C.), Meharwal Khewaji Trust (Regd.) Faridkot and Ors.vs. State of Punjab and Ors, AIR 2012 Supreme Court 2721, TheGeneral Manager, Oil & Natural Gas Corporation Ltd. Vs.Rameshbhai Jivanbhai Patel & Anr, 2008(6) ALL MR 491 andChindha Fakira Patil (D) through L.Rs v. The Special LandAcquisition Officer- Jalgaon, AIR 2012 Supreme Court 481.5.Learned advocate for acquiring body supported theimpugned judgment and award. He submits that claimants haveproduced copies of sale deed which are of post notification andBhagyawant Punde {6} FA-1850-2015(J)no attesting witnesses were examined by the claimants. Hesubmits that Reference Court has rightly considered the evidenceadduced by the claimants and awarded adequate compensation.In support of his submissions he relied on Cement Corpn. OfIndia Ltd., vs. Purya and others, (2004) 8 SCC 270.6.Claimants have brought on record the evidenceshowing that acquired lands are irrigated lands and they weretaking cash crops like sugarcane, cotton, onion along with otherseasonal crops. Well situated in the lands was the source ofirrigation to the acquired lands. 7/12 extracts placed on recordby the claimants support the said contention of claimants. It alsoshows presence of well and taking of cash crops by them. In thelight of decision in Chinda Fakira Patil (supra), acquired lands ofthe claimants are required to be treated as irrigated lands.Without there being any justifiable cause, Reference Courterroneously held acquired lands as dry lands and assessedmarket value as dry lands. 7.Claimants have relied on following sale instances:a)Sale deed bearing Reg. No. 2155/2005 dated 05-05-2006 executed by Tulshidas Bajirao Anarthe in favour ofUddhav Daulatrao Sonawane and Balasaheb BhimrajBhagyawant Punde {7} FA-1850-2015(J)Shinde. Tulshidas Anarthe sold 224 Are dry land fromSurvey No. 268/5/1 of village Vaijapur, Dist.Aurangabad.b)Sale deed bearing Reg. No. 2267/2006 dated-12-05-2006 executed by Nirmala Madhavrao Wagh in favour ofBalasheb Sadashivrao Kadam and Yuvraj SudamraoNikam. Nirmala Wagh sold 95 Are dry land from SurveyNo. 395/21 of village Vaijapur, Tal- Vaijapur, Dist.Aurangabad. 8.Reference Court has relied on sale deed Reg. No.2155/2005 dated 05.05.2006, which is of a dry land and saidland is situated nearby the acquired lands. Since, land in the saidsale deed is situated within the municipal limits of Vaijapur andas said land is purchased for commercial purpose, ReferenceCourt has held that said rate cannot be applied as basis fordetermination of market value of acquired lands. Another saledeed dated 12.05.2006 is also considered by the ReferenceCourt, however, land under the said sale deed is also situatedwithin the municipal limits of Vaijapur and was sold @ Rs.4,375/- per Are. Since, acquired lands are not within themunicipal limits at the time of issuance of notification undersection 4 of the L.A. Act, in the year 2006 and those weresituated at the outskirts of municipal area, Reference CourtBhagyawant Punde {8} FA-1850-2015(J)proceeded to assess market value of acquired lands @ Rs.4,500/- per Are. 9.Admittedly, land under the sale instance dated05.05.2006 was sold @ Rs. 8,000/- per Are, which was situatedon the road and within the municipal limits of Vaijapur. In termsof decision in Meharwal Khewaji Trust (supra), highest saleinstance is to be taken into consideration. Reference Court hasobserved that acquired lands are situated at the outskirts ofVaijapur and they are not situated on road. Therefore, ReferenceCourt ought to have assessed market value of dry lands at Rs.5,000/- per Are.10.Since acquired lands of the claimants are irrigatedlands, they are required to be paid double of dry lands.Therefore compensation is required to be assessed at Rs.10,000/- per Are. Reference Court has erred in awardingcompensation to the acquired lands @ 4,500/- per Are. Hence,claimants are entitled for enhansed compensation at Rs. 5,500/-per Are. In the result, following order:ORDERI)First Appeals are partly allowed with proportionate costs.II)Judgment and award passed by the Reference Court isBhagyawant Punde {9} FA-1850-2015(J)modified to the effect that claimants shall be paidenhanced compensation at Rs. 5,500/- Per Are alongwith statutory benefits on enhanced compensation.III)Respondents to pay interest @ 6% p.a. to the claimantson enhanced compensation from the date of claimpetition, till realization. [NITIN B. SURYAWANSHI, J.] Bhagyawant Punde