High Court
Legal Reasoning
C.A. No.7582/2024:: 1 ::IN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABADCIVIL APPLICATION NO.7582 OF 2024 INFIRST APPEAL (ST.) NO.26033 OF 2023Swarup Baburao Alias Bapurao Sawant… APPLICANTVERSUSThe State of Maharashtra & Others… RESPONDENTS.......Mr. P.R. Katneshwarkar, Senior Counsel with Mr. S.N. Patil, Advocate for applicantMr. S.D. Ghayal, A.G.P. for respondents No.1 & 2Mr. S.C. Arora, & Mr. B.V. Virdhe, Advocates for respondent No.3.....…ANDCIVIL APPLICATION NO.7584 OF 2024 INFIRST APPEAL (ST.) NO.26017 OF 2023Chandrahans Pandharinath Shinde & anr.… APPLICANTSVERSUSThe State of Maharashtra & Others… RESPONDENTS.......Mr. P.R. Katneshwarkar, Senior Counsel with Mr. S.N. Patil, Advocate for applicantsMr. S.D. Ghayal, A.G.P. for respondents No.1 & 2Mr. S.C. Arora, & Mr. B.V. Virdhe, Advocates for respondent No.3.....…ANDCIVIL APPLICATION NO.7579 OF 2024 INFIRST APPEAL (ST.) NO.26040 OF 2023Babu Sangram Late, Died, through L.R.
Legal Reasoning
C.A. No.7582/2024:: 2 ::Smt. Laxmibai Babu Late … APPLICANTVERSUSThe State of Maharashtra & Others… RESPONDENTS.......Mr. P.R. Katneshwarkar, Senior Counsel with Mr. S.N. Patil, Advocate for applicantMr. S.D. Ghayal, A.G.P. for respondents No.1 & 2Mr. S.C. Arora, & Mr. B.V. Virdhe, Advocates for respondent No.3.....…ANDCIVIL APPLICATION NO.7580 OF 2024 INFIRST APPEAL (ST.) NO.26036 OF 2023Shatrughna Madhavrao Herkar & anr.… APPLICANTSVERSUSThe State of Maharashtra & Others… RESPONDENTS.......Mr. P.R. Katneshwarkar, Senior Counsel with Mr. S.N. Patil, Advocate for applicantsMr. S.D. Ghayal, A.G.P. for respondents No.1 & 2Mr. S.C. Arora, & Mr. B.V. Virdhe, Advocates for respondent No.3.....…ANDCIVIL APPLICATION NO.7581 OF 2024 INFIRST APPEAL (ST.) NO.26012 OF 2023Gunwant Pandurang Sawant & anr. … APPLICANTSVERSUSThe State of Maharashtra & Others… RESPONDENTS.......Mr. P.R. Katneshwarkar, Senior Counsel with Mr. S.N. Patil, Advocate for applicantsMr. S.D. Ghayal, A.G.P. for respondents No.1 & 2 C.A. No.7582/2024:: 3 ::Mr. S.C. Arora, & Mr. B.V. Virdhe, Advocates for respondent No.3.....…ANDCIVIL APPLICATION NO.7583 OF 2024 INFIRST APPEAL (ST.) NO.26021 OF 2023Shetiba Durgappa Pawar & anr.… APPLICANTSVERSUSThe State of Maharashtra & Others… RESPONDENTS.......Mr. P.R. Katneshwarkar, Senior Counsel with Mr. S.N. Patil, Advocate for applicantsMr. S.D. Ghayal, A.G.P. for respondents No.1 & 2Mr. S.C. Arora, & Mr. B.V. Virdhe, Advocates for respondent No.3.....…ANDCIVIL APPLICATION NO.7585 OF 2024 INFIRST APPEAL (ST.) NO.26029 OF 2023Dnyanoba Mahadu Sawant & anr.… APPLICANTSVERSUSThe State of Maharashtra & Others… RESPONDENTS.......Mr. P.R. Katneshwarkar, Senior Counsel with Mr. S.N. Patil, Advocate for applicantsMr. S.D. Ghayal, A.G.P. for respondents No.1 & 2Mr. S.C. Arora, & Mr. B.V. Virdhe, Advocates for respondent No.3.....…ANDCIVIL APPLICATION NO.7586 OF 2024 INFIRST APPEAL (ST.) NO.26005 OF 2023 C.A. No.7582/2024:: 4 ::Nagraj Panchakshari Swami & ors.… APPLICANTSVERSUSThe State of Maharashtra & Others… RESPONDENTS.......Mr. P.R. Katneshwarkar, Senior Counsel with Mr. S.N. Patil, Advocate for applicantsMr. S.D. Ghayal, A.G.P. for respondents No.1 & 2Mr. S.C. Arora, & Mr. B.V. Virdhe, Advocates for respondent No.3.....…ANDCIVIL APPLICATION NO.7587 OF 2024 INFIRST APPEAL (ST.) NO.26008 OF 2023Abhang Sopan Shinde & ors.… APPLICANTSVERSUSThe State of Maharashtra & Others… RESPONDENTS.......Mr. P.R. Katneshwarkar, Senior Counsel with Mr. S.N. Patil, Advocate for applicantsMr. S.D. Ghayal, A.G.P. for respondents No.1 & 2Mr. S.C. Arora, & Mr. B.V. Virdhe, Advocates for respondent No.3.....… CORAM : R.G. AVACHAT ANDNEERAJ P. DHOTE, JJ.DATE : 30th AUGUST, 2024O R D E R : Heard. By these applications, the applicants(original claimants) have prayed for withdrawal of the amountdeposited by the non-applicant in First Appeal Stamps with C.A. No.7582/2024:: 5 ::accrued interest. A further prayer is made to direct theRegistrar/ office to permit each of the applicants (as per thechart given in para No.4 of the memo of civil application) sharein their individual/ independent accounts as each of theapplicant is having independent share. 2.It is submitted by learned Senior Advocate for theapplicants that, the acquiring body has deposited only 70% ofthe amount and the applicants be permitted to withdraw theentire 70% amount which has been deposited. He submitsthat, in view of notification dated 26/5/2015, the multiplier of 2has been fixed for the lands situated in rural areas. Hesubmits that, the learned authority under the Land AcquisitionAct has rightly appreciated the evidence on record and passedthe reasoned order. He submits that, the appeal will take itsown time for final hearing, therefore, the applications beallowed.3.The applications are vehemently opposed bylearned Advocate for the acquiring body. He submits that, thelearned authority considered the land as irrigated though theywere not. He submits that, the calculations made by the C.A. No.7582/2024:: 6 ::authority also is not correct. He submits that, only 50% of theamount deposited by the acquiring body be permitted to bewithdrawn and not more.4.We have heard learned Advocates for both thesides for quite long time. We have also gone through thejudgment passed by the learned authority. Paragraph No.39 ofthe judgment shows that the authority considered in all 24 saleinstances and pursuant to provisions of Section 26(1) of theAct of 2013, first 12 sale instances having highest sale priceare considered for determining market price of the acquiredland, which comes to Rs.8,75,204/- per Hector. Though thecalculation is disputed by the learned Advocate for theacquiring body, he is unable to point out as to how the samewas erroneous. The learned Authority has observed that,nothing was brought in the cross-examination of the witnessesexamined by the claimants so as to disbelieve their version.We find that, there is observation in said paragraph No.50 thatthe lands of 5 claimants, whose names are given in the saidparagraph, are noted to be non-irrigated lands and all the otherlands were irrigated lands i.e. Bagayat lands. There isobservation that all the lands were situated at the bank of
Decision
C.A. No.7582/2024:: 7 ::Manjra river and above lands which are shown as Jirayat injoint measurement, are situated adjacent to the other acquiredland, which are also shown as Bagayat lands in jointmeasurement. The observation that the contents in the awardshow that the Land Acquisition Officer also noticed that theacquired lands were Bagayat. The said judgment show thatthe multiplier of 2 had been applied by the authority, which is inconsonance with the said notification.5.In view of the above, we proceed to pass thefollowing order :O R D E R(i)The applicants are permitted to withdraw 50% of theentire amount under the impugned judgment on furnishingregular undertaking by each of the claimants to the satisfactionof the Registrar (Judicial) of this Court.(ii)The applicants are further permitted to withdraw theamount as directed in clause (i) above, in terms of prayerclause (C) of the applications. C.A. No.7582/2024:: 8 ::(iii)The Civil Applications are accordingly disposed of. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-