Agriculture, R/o As above v. 01 The State of Maharashtra, through the Collector, Jalna. 02 The Special Land Acquisition
Case Details
{1} 915-fa64913.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD (1) FIRST APPEAL NO. 649 OF 2013 01 Dattatraya s/o Rambhau Late, age: major, Occ: Agriculture, R/o Deola, Taluka Partur, District Jalna. 02 Jiabai w/o Rambhau Late, age: major, Occ: Agriculture, R/o As above. Versus 01 The State of Maharashtra, through the Collector, Jalna. 02 The Special Land Acquisition Offcer, M. I. W., Jalna. 03 The Executive Engineer, Nimna Dudhna Project, Selu, District Parbhani. Appellants Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (2) FIRST APPEAL NO. 1791 OF 2015 Gangubai Abasaheb Late, age: 53 years, Occ: Agril., R/o Deola, Taluka Partur, District Jalna. Versus Appellant {2} 915-fa64913.odt 01 The State of Maharashtra, through the Collector, Jalna. 02 The Special Land Acquisition Offcer, Krishna Khore, Jalna, Tq. & District Jalna. 03 The Executive Engineer, Lower Dudhna Project, Sailu, District Parbhani. Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. R. C. Patil, advocate for Respondent No.3. WITH (3) FIRST APPEAL NO. 2844 OF 2016 Babasaheb Sadashiv Navle, age: 60 years, Occ: Agriculture, R/o Kedarwakadi, Tq. Mantha, District Jalna. Versus 01 The State of Maharashtra, through the Collector, Jalna, having his offce at Collector Offce, Jalna. 02 The Special Land Acquisition Offcer, M. I. W., Jalna, having his offce at Collector Offce, Jalna. 03 The Executive Engineer, Lower Dudhna Project, having his offce at Selu, Tq. Selu, District Parbhani. Appellant Respondents {3} 915-fa64913.odt Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (4) FIRST APPEAL NO. 3148 OF 2013 01 Trimbak Sakharam Late, age: 66 years, Occ: Agriculture, R/o PlotNo. 74, Shivkrupa Niwas, (Shikshak Colony), Sarvodaya Nagar, Selu, Tq. Selu, District Parbhani. 02 Kamal Trimbak Late, age: 62 years, Occ: Agriculture, R/o As above. Versus 01 The State of Maharashtra, through the Collector, Jalna, having his offce at Collector Offce, Jalna. 02 The Special Land Acquisition Offcer, M. I. W., Jalna, having his offce at Collector Offce, Jalna. 03 The Executive Engineer, Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Appellants Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mrs. Ranjana D. Reddy, advocate for Respondent No.3. {4} 915-fa64913.odt WITH (5) FIRST APPEAL NO. 3146 OF 2013 Uttam Namdeo Misal, age: 55 years, Occ: Agriculture, R/o Deola, Taluka, Partur, District Jalna. Versus 01 The State of Maharashtra, through the Collector, Jalna, having his offce at Collector Offce, Jalna. 02 The Special Land Acquisition Offcer, M. I. W., Jalna, having his offce at Collector Offce, Jalna. 03 The Executive Engineer, Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Appellant Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (6) FIRST APPEAL NO. 1877 OF 2014 01 Udhav Sakharam Late, age: 50 years, Occ: Agriculture, R/o Deola, Tq. Partur, District Jalna. 02 Trimbak Sakharam Late, age: 58 years, Occ: Agriculture, {5} 915-fa64913.odt R/o Deola, Tq. Partur, District Jalna. Appellants Versus 01 The State of Maharashtra, through the Collector, Jalna, having his offce at Collector Offce, Jalna. 02 The Special Land Acquisition Offcer, M. I. W., Jalna, having his offce at Collector Offce, Jalna. 03 The Executive Engineer, Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Respondents
Legal Reasoning
Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. B. R. Surwase, advocate for Respondent No.3. WITH (7) FIRST APPEAL NO. 1880 OF 2014 Sakharam Tanhoba Late (Died Through Lrs’) 1 2. Udhav Sakharam Late, Age : 50 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Trimbak Sakharam Late, Age : 58 years, Occ. : Agriculture, R/o. : as above Appellants {6} 915-fa64913.odt 1. 2. 3. Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector offce at Jalna The Special Land Acquisition Offcer, M.I.W. Jalna Having his offce at Collector offce, Jalna, The Executive Engineer, Nimna Dudhna Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. B. R. Surwase, advocate for Respondent No.3. WITH (8) FIRST APPEAL NO. 1848 OF 2014 1. Parubai Abasaheb Late, Age : 80 years, Occ. : Agriculture, R/o. : Kharba, Tq. Manwat, Dist. Parbhani 2. Abasaheb Raibhan Late (Died Through Lrs’) 2/1. Smt. Parubai Abasaheb Late, Age : 80 years, Occ. : Agriculture, R/o. : Kharba, Tq. Manwat, Dist. Parbhani 2/2. Raosaheb Babasaheb Late, Age : 48 years, Occ. : Agriculture, R/o. : as above 2/3. Smt. Sumanbai Babasaheb Late, Age : 58 years, Occ. : Agriculture, R/o. : as above Appellants {7} 915-fa64913.odt 1. 2. 3. Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector offce at Jalna The Special Land Acquisition Offcer, M.I.W. Jalna Having his offce at Collector offce, Jalna, The Executive Engineer, Nimna Dudhna Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. B. R. Surwase, advocate for Respondent No.3. WITH (9) FIRST APPEAL NO. 2261 OF 2012 Tulsabai Tatyerao Late (Died) Through L.R.’s 1. 2. Kushiwartabai Rambhau Bidwe, Age : Major, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Laxman Rambhau Bidwe, Age : Major, Occ. : Agriculture, R/o. : as above Versus 1. The State of Maharashtra, Through Collector, Jalna, Dist. Jalna Appellants {8} 915-fa64913.odt 2. 3. The Special Land Acquisition Offcer, (M.I.W.) Jalna, Tq. and Dist. Jalna, The Executive Engineer, Nimna Dudhana Project, Sailu, Division Sailu, Dist. Parbhani Respondents Mr. K. B. Jadhav, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mrs. Ranjana D. Reddy, advocate for Respondent No.3. WITH (10) FIRST APPEAL NO. 2263 OF 2012 1. 2. 1. 2. 3. Laxman Rambhau Bidwe, Age : 41 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna, At present Satona (Bk.) Tq. Partur, Dist. Jalna Suresh Rambhau Bidwe, Age : 45 years, Occ. : Agriculture, R/o. : as above Appellants Versus The State of Maharashtra, Through Collector, Jalna, Dist. Jalna The Special Land Acquisition Offcer, (M.I.W.) Jalna, Tq. and Dist. Jalna The Executive Engineer, Nimna Dudhana Project, Sailu, Division Sailu, {9} 915-fa64913.odt Dist. Parbhani Respondents Mr. K. B. Jadhav, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mrs. Ranjana D. Reddy, advocate for Respondent No.3. WITH (11) FIRST APPEAL NO. 2265 OF 2012 Ramprasad Uttam Late, Age : 34 years, Occ. : Agriculture, R/o. : Deola, Tq. Mantha, Dist. Jalna Appellant Versus The State of Maharashtra, Through Collector, Jalna, Dist. Jalna The Special Land Acquisition Offcer, (M.I.W.) Jalna, Tq. and Dist. Jalna The Executive Engineer, Nimna Dudhana Project, Sailu, Division Sailu, Dist. Parbhani Respondents 1. 1. 2. 3. Mr. K. B. Jadhav, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mrs. Ranjana D. Reddy, advocate for Respondent No.3. WITH (12) FIRST APPEAL NO. 1846 OF 2014 1. Bhau Baba Late, Age : 50 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant {10} 915-fa64913.odt 1. 2. 3. Versus The State of Maharashtra, Through the Collector, Jalna, Having his offce at Collector Offce, Jalna The Special Land Acquisition Offcer, M.I.W. Jalna, Having his offce at Collector Offce, Jalna The Executive Engineer, Nimna Dudhana Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. B. R. Surwase, advocate for Respondent No.3. WITH (13) FIRST APPEAL NO. 2260 OF 2012 Ranjit Uttam Late, Age : 28 years, Occ. : Agriculture, R/o. : Deola, Tq. Mantha, Dist. Jalna Appellant Versus The State of Maharashtra, Through Collector, Jalna, Dist. Jalna The Special Land Acquisition Offcer, (M.I.W.) Jalna, Tq. and Dist. Jalna The Executive Engineer, Nimna Dudhana Project, 1. 1. 2. 3. {11} 915-fa64913.odt Sailu, Division Sailu, Dist. Parbhani Respondents Mr. K. B. Jadhav, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mrs. Ranjana D. Reddy, advocate for Respondent No.3. 1. 1. 2. 3. WITH (14) FIRST APPEAL NO. 2264 OF 2012 Uttam Narayan Late, Age : 65 years, Occ. : Agriculture, R/o. : Deola, Tq. Mantha, Dist. Jalna Appellant Versus The State of Maharashtra, Through Collector, Jalna, Dist. Jalna The Special Land Acquisition Offcer, (M.I.W.) Jalna, Tq. and Dist. Jalna The Executive Engineer, Nimna Dudhana Project, Sailu, Division Sailu, Dist. Parbhani Respondents Mr. K. B. Jadhav, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mrs. Ranjana D. Reddy, advocate for Respondent No.3. WITH (15) FIRST APPEAL NO. 2034 OF 2014 Dattarao Vyantakrao Late (Through LRs’) {12} 915-fa64913.odt 1. 2. 3. 4. 1. 2. 3. Mankarnabai Dattarao Late, Age : 75 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Bharat Dattarao Late, Age : 55 years, Occ. : Agriculture, R/o. : as above Uddhav Dattarao Late, Age : 52 years, Occ. : Agriculture, R/o. : as above Atmarao Dattarao Late, Age : 45 years, Occ. : Agriculture, R/o. : as above Appellants Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector Offce, Jalna The Special Land Acquisition Offcer, M.I.W. Jalna Having his offce at Collector Offce, Jalna The Executive Engineer, Nimna Dudhana Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. B. R. Surwase, advocate for Respondent No.3. WITH (16) FIRST APPEAL NO. 1323 OF 2013 {13} 915-fa64913.odt 1. 1. 2. 3. Pralhad Gulabrao Late, Age : Major, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant Versus The State of Maharashtra, Through Collector, Jalna The Special Land Acquisition Offcer, M.I.W., Jalna, Dist. Jalna The Executive Engineer, Nimna Dudhna Project, Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (17) FIRST APPEAL NO. 2372 OF 2012 Ram Anna Late, Age : Major, Occu. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant Versus The State of Maharashtra, Through the Collector, Jalna The Special Land Acquisition Offcer, M.I.W. Jalna The Executive Engineer, Nimna Dudhana Project, Selu, Dist. Parbhani Respondents 1. 1. 2. 3. {14} 915-fa64913.odt Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (18) FIRST APPEAL NO. 1158 OF 2013 1. 1. 2. 3. Rakhmabai Ahelaji Late, Age : Major, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Versus The State of Maharashtra, Through Collector, Jalna Appellant The Special Land Acquisition Offcer, M.I.W., Jalna The Executive Engineer, Nimna Dudhna Project, Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (19) FIRST APPEAL NO. 1156 OF 2013 1. Janardhan Bhimrao Late, Age : Major, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Versus 1. The State of Maharashtra, Appellant {15} 915-fa64913.odt Through Collector, Jalna Dist. Jalna The Special Land Acquisition Offcer, M.I.W., Jalna The Executive Engineer, Nimna Dudhna Project, Selu, Dist. : Parbhani Respondents 2. 3. Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (20) FIRST APPEAL NO. 865 OF 2013 1. 1. 2. 3. Rohidas Maroti Jogdand, Age : Major, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Versus The State of Maharashtra, Through Collector, Jalna, Jalna Appellant The Special Land Acquisition Offcer, M.I.W., Jalna The Executive Engineer, Nimna Dudhna Project, Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. {16} 915-fa64913.odt WITH (21) FIRST APPEAL NO. 4306 OF 2017 1. Uttam Narayan Chaval, Age : 42 years, Occ. : Agriculture, R/o. : village Wanjola, Tq. Mantha, Dist. Jalna Appellant 1. 2. 3. Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector Offce, Jalna The Special Land Acquisition Offcer, Jalna The Executive Engineer, Lower Dudhana Project Division, Selu, Dist. Parbhani Since, this Department Abolished (at present Jalna Irrigation Department, Jalna, offce at Motibagh, Jalna, Tq. and Dist. Jalna) Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (22) FIRST APPEAL NO. 4309 OF 2017 1. Guna Ashroba Late, Age : Major, Occ. : Agriculture, R/o. : village Devla, Tq. Partur, Dist. Jalna Appellant Versus {17} 915-fa64913.odt 1. 2. 3. The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector Offce, Jalna The Special Land Acquisition Offcer, M.I.W., Jalna The Executive Engineer, Lower Dudhana Project Division, Selu, Dist. Parbhani Since, this Department Abolished (at present Jalna Irrigation Department, Jalna, offce at Motibagh, Jalna, Tq. and Dist. Jalna) Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. 1. 1. 2. 3. WITH (23) FIRST APPEAL NO. 4304 OF 2017 Ganesh Uddhavrao Late, Age : 38 years, Occ. : Agriculture, R/o. : village Devla, Tq. Partur, Dist. Jalna Appellant Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector Offce, Jalna The Special Land Acquisition Offcer, M.I.W., Jalna The Executive Engineer, Lower Dudhana Project Division, Selu, Dist. Parbhani Since, this Department Abolished {18} 915-fa64913.odt (at present Jalna Irrigation Department, Jalna, offce at Motibagh, Jalna, Tq. and Dist. Jalna) Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. 1. 1. 2. 3. WITH (24) FIRST APPEAL NO. 3850 OF 2016 Kailash Appa Late, Age : 36 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant Versus The State of Maharashtra, Through the Collector, Jalna, Tq. and Dist. Jalna The Special Land Acquisition Offcer, M.I.W. Jalna The Executive Engineer, Lower Dudhana Project, Selu, Dist. Parbhani, Since this Department is abolished at present Jalna Irrigation Department, Jalna, Offce at Motibagh, Jalna, Tq. and Dist. Jalna Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. {19} 915-fa64913.odt 1. 1. 2. 3. WITH (25) FIRST APPEAL NO. 3853 OF 2016 Sampat Nivrutti Late, Age : 61 yeas, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant Versus The State of Maharashtra, Through the Collector, Jalna, Tq. and Dist. Jalna The Special Land Acquisition Offcer, M.I.W. Jalna The Executive Engineer, Lower Dudhana Project, Selu, Dist. Parbhani, Since this Department is abolished at present Jalna Irrigation Department, Jalna, Offce at Motibagh, Jalna, Tq. and Dist. Jalna Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (26) FIRST APPEAL NO. 3852 OF 2016 1. Appasaheb Kisanrao Late, Age : 49 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant Versus {20} 915-fa64913.odt 1. 2. 3. The State of Maharashtra, Through the Collector, Jalna, Tq. and Dist. Jalna The Special Land Acquisition Offcer, M.I.W. Jalna The Executive Engineer, Lower Dudhna Project Division, Selu Dist. Parbhani Since this Department is abolished at present Jalna Irrigation Department, Jalna, offce at Motibagh, Jalna, Tq. and Dist. Jalna Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (27) FIRST APPEAL NO. 861 OF 2013 Sampat Uttam Late, Age : 35 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant Versus The State of Maharashtra, Through the Collector, Jalna having his offce at Collector Offce, Jalna The Special Land Acquisition Offcer, M.I.W., Jalna, having his offce at Collector Offce, Jalna The Executive Engineer, Nimna Dudhna Project, 1. 1. 2. 3. {21} 915-fa64913.odt Having his offce at Jayakwadi, Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. 1. 1. 2. 3. WITH (28) FIRST APPEAL NO. 864 OF 2013 Dagdu Narayan Late, Age : 50 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector Offce, Jalna The Special Land Acquisition Offcer, M.I.W., Jalna, Having his offce at Collector offce, Jalna The Executive Engineer, Nimna Dudhana Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (29) FIRST APPEAL NO. 3610 OF 2016 1. Rama Gulabrao Late, Age : 36 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant {22} 915-fa64913.odt 1. 2. 3. Versus The State of Maharashtra, Through the Collector, Jalna, Tq. and Dist. Jalna The Special Land Acquisition Offcer, M.I.W. Jalna The Executive Engineer, Lower Dudhana Project, Selu, Dist. Parbhani, Since this Department is abolished at present Jalna Irrigation Department, Jalna, Offce at Motibagh, Jalna, Tq. and Dist. Jalna 4. Pralhad Gulabrao Late, (formal Party), Age : 38 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (30) FIRST APPEAL NO. 2107 OF 2016 1. Ahilaji Nivrutti Late, Age : 54 years, Agriculture, R/o. : Devla, Tq. Partur, Dist. Jalna Versus 1. The State of Maharashtra, Through Collector, Jalna, Appellant {23} 915-fa64913.odt Dist. Jalna 2. The Executive Engineer, Lower Dudhana Project Division, Selu, Dist. Parbhani. Since, this department is abolished at present Jalna Irrigation Department, Jalna, Offce at Motibagh, Jalna, Tq. and Dist. Jalna 3. The Special Land Acquisition Offcer, M.I.W. (Lasica), Jalna Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mrs. Ranjana D. Reddy, advocate for Respondent No.3. WITH (31) FIRST APPEAL NO. 1185 OF 2013 1. Bharat Dattatraya Late, Age 45 years, Occ. : Agriculture, R/o. Deola, Taluka Partur, District Jalna. Appellants Versus 1. The State of Maharashtra, Through Collector, Jalna, having his offce at Collector Offce, Jalna. 2. The Special Land Acquisition Offcer, M. I. W., Jalna, having his offce at Collector Offce, Jalna. The Executive Engineer, 3. Nimna Dudhna Project, {24} 915-fa64913.odt having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. 1. 1. 2. 3. WITH (32) FIRST APPEAL NO. 1180 OF 2013 Lahannuappa Kundlik Misal, Age : 85 years, Occ. : Agriculture, R/o. : Deola, Taluka Partur, District Jalna. Appellants Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector Offce, Jalna. The Special Land Acquisition Offcer, M. I. W. Jalna, having his offce at Collector Offce, Jalna. The Executive Engineer, Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (33) FIRST APPEAL NO. 1184 OF 2013 1. Atmaram Dattatraya Late, Age : 40 years, Occ. : Agriculture, R/o Deola, Taluka Partur, {25} 915-fa64913.odt District Jalna. Appellants 1. 2. 3. Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector Offce, Jalna. The Special Land Acquisition Offcer, M. I. W., Jalna, having his offce at Collector Offce, Jalna. The Executive Engineer, Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (34) FIRST APPEAL NO. 1183 OF 2013 Kisan Namdeo Misal, Age : 55 years, Occ. : Agriculture, R/o. Deola, Taluka Partur, District Jalna. Appellants Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector offce, Jalna. The Special Land Acquisition Offcer, M. I. W., Jalna, having his offce at Collector offce, Jalna. 1. 1. 2. {26} 915-fa64913.odt 3. The Executive Engineer, Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Osmanabad. Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. 1. 1. 2. 3. WITH (35) FIRST APPEAL NO. 1186 OF 2013 Udhav Dattatraya Late, Age : 42 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector offce at Jalna The Special Land Acquisition Offcer, M.I.W. Jalna Having his offce at Collector offce, Jalna, The Executive Engineer, Nimna Dudhna Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (36) FIRST APPEAL NO. 1000 OF 2016 {27} 915-fa64913.odt 1. Abasaeb Taterao Late, (Died through LRs’) 1/A. Babasaheb Abasaeb Late, Age : 49 years, Occ. : Agriculture, 1/B. Kashinath Abasaheb Late, Age : 45 years, Occ. : Agriculture, 2. Kashinath Abasaheb Late, Age : 45 years, Occ. : Agriculture, All above appellants R/o. : Deola, Tq. Partur, Dist. Jalna Appellants Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector offce at Jalna The Special Land Acquisition Offcer, M.I.W. Jalna Having his offce at Collector offce, Jalna, The Executive Engineer, Nimna Dudhna Project, Since this offce is obolished Now at Jalna Irrigation Department, Jalna at Motibagh, Jalna Respondents 1. 2. 3. Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. C. Arora, advocate for Respondent No.3. WITH (37) FIRST APPEAL NO. 1593 OF 2018 1. Madan Bapurao Late, Age : 54 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, {28} 915-fa64913.odt Appellant Dist. Jalna Versus The State of Maharashtra, Through Collector, Jalna, Dist. Jalna The Special Land Acquisition Offcer, (M.I.W.) Jalna, Tq. and Dist. Jalna The Executive Engineer, Nimna Dudhana Project, Jalna, Division Jalna, Dist. Jalna Respondents 1. 2. 3. Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mrs. Ranjana D. Reddy, advocate for Respondent No.3. WITH (38) FIRST APPEAL NO. 3123 OF 2016 Mahadev Ashraji Kavhale, Age : 60 years, Occ. : Agriculture, R/o. : Devla, Tq. Partur, Dist. Jalna Appellant Versus The State of Maharashtra, Through the Collector, Jalna, Tq. and Dist. Jalna having his offce at Collector Offce, Jalna The Special Land Acquisition Offcer, M.I.W. Jalna, Having his offce at Collector offce, Jalna The Executive Engineer, Lower Dudhana Project, Selu, 1. 1. 2. 3. {29} 915-fa64913.odt Dist. Parbhani, Since this Department is abolished at present Jalna Irrigation Department, Jalna, Offce at Motibagh, Jalna, Tq. and Dist. Jalna Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. 1. 1. 2. 3. WITH (39) FIRST APPEAL NO. 1325 OF 2013 Baliram Baburao Late, Age : 55 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector offce at Jalna The Special Land Acquisition Offcer, M.I.W. Jalna Having his offce at Collector offce, Jalna, The Executive Engineer, Nimna Dudhna Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. WITH (40) FIRST APPEAL NO. 1322 OF 2013 {30} 915-fa64913.odt 1. 1. 2. 3. Baliram Baburao Late, Age : 55 yeas, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Appellant Versus The State of Maharashtra, Through the Collector, Jalna, having his offce at Collector offce at Jalna The Special Land Acquisition Offcer, M.I.W. Jalna , Having his offce at Collector offce, Jalna, The Executive Engineer, Nimna Dudhna Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Respondents Mr. D. M. Kakade, advocate for the Appellants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mr. S. G. Bhalerao, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J. DATE : 01st August, 2023. ORAL JUDGMENT : 1 Heard. Some of the appeals are already admitted. By consent of learned Counsel for respective parties, remaining appeals are also admitted. 2 3 Heard rival submissions. All these appeals are fled by the respective {31} 915-fa64913.odt appellants, who are the original claimants, seeking enhancement of the compensation amount awarded by the learned District Judge, Jalna and learned Civil Judge, Senior Division, Jalna, in their respective Land Acquisition References, as mentioned in these appeals. 4 This Court, in other connected matters arising out of same acquisition, under common judgment dated 07 th February, 2023, in the bunch of First Appeal No.1353/2009 and others, has disposed of those appeals considering the earlier settlement between the appellants and respondent- acquiring body in the Lok Adalat. As such, this Court, in those appeals, has fxed following rates of compensation considering the various classifcations of lands as under: Classifcation Dry Lands Rate Rs.2400/- per R Semi irrigated lands Rs.3600/- per R Fully irrigated lands Rs.4800/- per R Pot kharab lands Rs.1200/- per R 5 The learned Counsel for all these appellants- {32} 915-fa64913.odt claimants submits that the appellants are in agreement with the observation of the learned Reference Court in respect of classifcation of the lands in the impugned judgments. 6 Further it appears that, the Hon’ble Apex Court, in the Special Leave Petitions, arising out of these appeals preferred by the present appellants, has clarifed that if these appellants are held entitled for higher compensation by the High Court after remand, they will not be entitled to the interest from the date of impugned judgment till fling of present appeals before it and also for the period for which the interest has been denied by the High Court earlier. 7 In view of the aforesaid order of the Hon’ble Apex Court, learned Counsel for the appellants, in all these matters, has prepared the chart showing that for how much period the appellants-claimants are not entitled for the interest. The said chart is taken on record and marked “X” for identifcation. The said chart marked “X” is made part of this judgment. {33} 915-fa64913.odt 8 The respective learned Counsel for acquiring body have also accepted the calculations of delay periods shown in the said chart and therefore, as per the said chart, all the appellants-claimants, in these matters, shall not be entitled to claim interest on the enhanced compensation for the total period, as mentioned in column 12 of the said chart, which is sum of the periods mentioned in column no.7 and column no.11. 9 {i} In view of the same, following order is passed: All these appeals are partly allowed and the respective appellants-claimants are held entitled for the rate of compensation agreed between themselves and the acquiring body, as follows: Classifcation Dry Lands Rate Rs.2400/- per R Semi irrigated lands Rs.3600/- per R Fully irrigated lands Rs.4800/- per R Pot kharab lands Rs.1200/- per R {34} 915-fa64913.odt (ii) The compensation received by the appellants- claimants in Reference Court as well as this Court, as per earlier orders, is to be deducted from the compensation so arrived by considering the aforesaid rate. {iii} The appellants-claimants shall also be entitled to get interest under Section 28 and 34 of the Land Acquisition Act, 1894 from the respective dates of awards passed by the Special Land Acquisition Offcer. {iv} The appellants-claimants shall also be entitled to get interest @ 12% p.a. as a special component from the date of notifcation under Section 4(1) of the Land Acquisition Act, 1894 till the date of passing respective awards by the SLAO, as per Section 23(1A) of the Act. {v} The appellants-claimants shall be entitled to get 30% solatium on the difference of market value under Section 23(2) of the Act. {35} 915-fa64913.odt {vi} The appellants-claimants shall not be entitled to the interest amounts for the respective periods as shown in column no.12 of the said chart marked “X”. {vii} The awards be modifed accordingly. (viii)
Decision
The appeals are accordingly disposed of along with the pending Civil Applications, if any. {ix} Liberty to pay defcit court fees, if any, within two weeks after it is computed by the offce. {x} Record and proceedings be sent back to the Reference Court forthwith. (SANDIPKUMAR C. MORE) JUDGE adb