Bombay High Court
Case Details
1 1683.21FA(1)+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1683 OF 2021 1. 1. 2. 3. Achut S/o Venkatrao Kavhale Age : years, Occ : Agri., R/o village Kedarwakdi, Tq. Mantha, Dist. Jalna. ..APPELLANT (ORIG. CLAIMANT) -VERSUS- The State of Maharashtra Through the Collector, Jalna having his ofce at Collector Ofce, Jalna. The Special Land Acquisition Ofcer (MI,), Jalna. The Executive Engineer, Lower Dudhana Project Division, Selu, Dist. Parbhani. Since this department is abolished at present Jalna Irrigation Department, Jalna, Ofce at Motibagh, Jalna, Tq. & Dist. Jalna. ..RESPONDENTS (Orig. Respondents) WITH FIRST APPEAL NO. 1685 OF 2021 1. Datta S/o Rangnath Bhabat Age : years, Occ : Agri., R/o village Kedarwakdi, Tq. Mantha, Dist. Jalna. ..APPELLANT (ORIG. CLAIMANT) sga/- 2 1683.21FA(1)+.odt -VERSUS- The State of Maharashtra Through the Collector, Jalna having his ofce at Collector Ofce, Jalna. The Special Land Acquisition Ofcer (MI,), Jalna. The Executive Engineer, Lower Dudhana Project Division, Selu, Dist. Parbhani. Since this department is abolished at present Jalna Irrigation Department, Jalna, Ofce at Motibagh, Jalna, Tq. & Dist. Jalna. ..RESPONDENTS (Orig. Respondents)
Facts
WITH FIRST APPEAL NO. 1686 OF 2021 Pralhad S/o Jijabhau Padghan Age : years, Occ : Agri., R/o village Kedarwakdi, Tq. Mantha, Dist. Jalna. ..APPELLANT (ORIG. CLAIMANT) -VERSUS- The State of Maharashtra Through the Collector, Jalna having his ofce at Collector Ofce, Jalna. The Special Land Acquisition Ofcer (MI,), Jalna. The Executive Engineer, Lower Dudhana Project Division, 1. 2. 3. 1. 1. 2. 3. sga/- 3 1683.21FA(1)+.odt Selu, Dist. Parbhani. Since this department is abolished at present Jalna Irrigation Department, Jalna, Ofce at Motibagh, Jalna, Tq. & Dist. Jalna. ..RESPONDENTS (Orig. Respondents.
Legal Reasoning
body has not disputed the position that this Court in a group of appeals bearing First Appeal (St) No.1409 of sga/- 8 1683.21FA(1)+.odt 2013 and other connected appeals and in First Appeal No.2740 of 20016 and other connected appeals, and also in F.A.2733/2013 with other connected appeals, dealt with the judgment and award passed by the Reference Court in respect of the acquired lands from the villages in Mantha & Partur Talukas, District Jalna for the same Lower Dudhna Project and awarded the compensation at the enhanced rate as detailed in those judgments. The learned counsel submits that however, the distance between the acquired agricultural lands of two villages i.e. Kedarwakadi and Deola has not come on record. The learned counsel submits that the Reference Court has awarded just and reasonable compensation in respect of the acquired lands of village Kedarwakadi and as such, no interference is required. The issue in respect of interest awarded to appellants by the Reference Court, he relied upon the judgment of the Full Bench of this Court in the case of State of Maharashtra Vs. Kailash Shiva Rangari reported in 2016(3) Mh.L.J. 457 and submits that in the said judgment the Court has held that the interest under sections 28 and 34 of sga/- 9 1683.21FA(1)+.odt the Act should be awarded from the date of award and not from the date of possession or from the date of notifcation under section 4 of the Act. Hence the appellants are entitle for rate of interest from the date of award and not from the date of possession. 5. I have also heard the learned AGP for the Respondent/State. 6. On perusal of the order passed in First Appeal (St) No.1409 of 2013 dated 26th July, 2017, and in FA 2733/2013 with other connected appeals dated 3.7.2017, it appears that this Court had an occasion to deal with the judgment and award passed by the Reference Court in respect of the acquired lands of villages in Mantha and Partur Talukas, District Jalna for Lower Dudhna Project. The Reference Court has awarded the compensation at the enhanced rate of Rs.1,200/- per Are for dry lands, and further awarded the compensation at the enhanced rate of Rs.1,600/- per Are for seasonally irrigated lands. This Court has considered the acquisition of the lands of 22 villages sga/- 10 1683.21FA(1)+.odt for the Lower Dudhna Project from two diferent Talukas namely Partur and Mantha respectively in First Appeal Nos.1141/2018, 2740/2016 and 1093/2022, where this Court had an occasion to deal with the acquisition of lands for the aforesaid three Talukas for Lower Dudhna Project and in the said group of frst appeals awarded the compensation at the enhanced rate of Rs.2400/- to Rs.2500/- per Are for dry land, Rs.3600/- to Rs.3800/- per Are for seasonally irrigated land, Rs.3800/- to Rs.5000/- per Are for Bagayat lands and Rs.750/- to Rs.900/- per Are for pot kharab lands. This Court in the aforesaid group of appeals also referred the earlier judgment passed in First Appeal No.2740 of 2016 and F.A. No.2733/2013 with other connected appeals, where this Court had an occasion to deal with the acquisition of lands for the aforesaid three Talukas for Lower Dudhna Project and in the said group of frst appeals bearing First Appeal No.2740 of 2016 and other connected appeals, and in F.A. No.2733/2013 awarded the compensation at the enhanced rate of Rs.1,500/- per Are for non-irrigated lands, Rs.2,250/- per Are for seasonally irrigated lands, sga/- 11 1683.21FA(1)+.odt Rs.3,000/- per Are for perennially irrigated lands and Rs.750/- per Are for Potkharab lands as categorized by the Reference Court in the respective awards. In both the group of appeals as aforesaid, this Court has also upheld and maintained the statutory benefts as awarded by the Reference Court. 7. So far as the acquisition of the lands from 22 villages from three Talukas for the same project are concerned, Talukas Partur and Mantha are from Jalna district. These two Talukas are adjacent to each other and divided by one river. It is not a disputed position that the quality and fertility of the acquired lands from villages Kedarwakadi and Deola are almost one and the same. Thus, in order to maintain uniformity in the compensation at the enhanced rate, the appellants/ claimants in this group of appeals are also entitle for the compensation at the enhanced rate of Rs.1,500/- per Are for non-irrigated lands, Rs.2,250/- per Are for seasonally irrigated lands and Rs.3000/- per Are for bagayat lands. sga/- 12 1683.21FA(1)+.odt 8. Thus, the impugned judgments and awards in these First Appeals and other connected appeals require modifcation to the extent of enhanced rate as worked out hereinbefore. Hence, I pass the following order:
Arguments
… Advocate for Appellants in all appeals : Mr V.D. Bhise AGP for respondent nos.1 and 2 : Mr P.M. Kulkarni Advocate for respondent no.3 in FA Nos.1683/2021 and 1685/2021 : Mr. M.P. Gude Advocate for respondent no.3 in F.A. No.1686/2021 : Mr. N.U. Yadav ... CORAM : S.G. DIGE, J. RESERVED ON : 22.07.2022 PRONOUNCED ON : 15.09.2022 COMMON ORDER :- . Being aggrieved by the common judgment and award passed by District Judge-2, Jalna in LAR Nos.336/1997, 338/1997 and 344/1997, dated 3.5.2008, the appellants-original claimants preferred these Appeals. 2. Brief facts of the case are as under :- i) Agricultural lands owned and possessed by Appellants/original claimants came to be acquired by the sga/- 4 1683.21FA(1)+.odt Government from various villages of three Talukas namely Mantha, Partur and Selu for the purpose of Lower Dudhana Project. So far as agricultural lands, which are subject matter of present appeals are concerned, those are acquired from village Kedarwakadi, Taluka Mantha, District Jalna. Section 4 notifcation was published in the Government Gazette on diferent dates and the Special Land Acquisition Ofcer vide its award has awarded the compensation between Rs.300/- to Rs.927/- per Are for the Jirayat lands as well as for Bagayat Lands. Being dissatisfed with the compensation awarded by the Special Land Acquisition Ofcer, the claimants preferred the reference petitions as stated above. It has been contended in their respective claim petitions that the Special Land Acquisition Ofcer has undertaken the wrong and unreasonable basis for assessing the market value and as such, grossly under valued the acquired lands. The Special Land Acquisition Ofcer has not made proper inquiry and he has sga/- 5 1683.21FA(1)+.odt wrongly classifed the acquired lands of the claimants. The acquired lands are the fertile lands and the Special Land Acquisition Ofcer has not used proper capitalization method while fxing the market value of the acquired lands. The appellants/claimants have thus, claimed the compensation at Rs.2000/- to Rs.2500/- per Are for Jirayat Land and Rs.4000/- to Rs.5000/- per Are for Bagayat for the acquired lands. ii) The State and the acquiring body have strongly resisted those reference petitions. It has been contended that the valuation is determined by the Special Land Acquisition Ofcer on the basis of the information called from the various departments and the quality and fertility of the acquired lands was taken into consideration. It has been contended that the Special Land Acquisition Ofcer has awarded just and reasonable compensation. iii) The appellants/claimants have sga/- 6 1683.21FA(1)+.odt adduced evidence in support of their contentions. The appellants/claimants have relied upon the sale instances to substantiate their claims at the enhanced rate. iv) In the group of reference petitions, the Reference Court has awarded the compensation at the enhanced rate of Rs.1,200/- per Are for dry land, Rs.1,600/- per Are for seasonally irrigated land Rs.1,800/- per Are for irrigated lands. Hence, these appeals. 3. The learned counsel for appellants/claimants submits that, this Court in First Appeal (St) No.1409/2013 and other connected frst appeals, and also in F.A. 2733/2013 and other connected frst appeals, arose out of same project, had an occasion to deal with the judgment and award passed by the Reference Court. By giving reference to the earlier judgment passed in First Appeal (St) No.1409 of 2013 and other connected appeals therein, awarded the compensation at the enhanced rate of Rs.1,500/- per sga/- 7 1683.21FA(1)+.odt Are for non-irrigated lands, Rs.2,250/- per Are for seasonally irrigated lands, Rs.3,000/- per Are for perennially irrigated lands and Rs.750/- per Are for Pot- kharab lands. The learned counsel submits that so far as the group of First Appeal (St) No.1409 of 2013 is concerned, this Court has considered the acquisition proceedings of the lands acquired from village Kedarwakadi, Taluka Mantha, District Jalna in respect of the same Lower Dudhna Project. The learned counsel submits that there is only one river passes through village Kedarwakadi and village Deola and the lands of these two villages are situated adjacent to each other. The learned counsel submits that, the appellants/original claimants are entitle for the same enhanced rate since the quality of the acquired lands from all these villages are same. In the instant group of appeals, the Reference Court has considered the acquired lands as non-irrigated lands. 4. The learned counsel for respondent/acquiring
Decision
O R D E R I. First Appeals are hereby partly allowed with proportionate costs. II. The impugned common judgment and award dated 03.05.2008 passed by District Judge-2, Jalna in L.A.R. Nos.336/1997, 338/1997 and 344/1997 is modifed in the following manner: a] “The Respondents shall jointly and severally pay the compensation at the enhanced rate of Rs.1,500/- per Are for non-irrigated lands, Rs.2,250/- per Are for seasonally irrigated lands and Rs.3,000/- per Are for irrigated lands of the claimants acquired for the said project, with all statutory benefts as awarded by the reference court. III. As undertaken by the appellants, they sga/- 13 1683.21FA(1)+.odt shall not be entitled for the statutory benefts and interest in respect of the period of delay caused in fling the appeals by them. IV. The appellants shall entitle to get interest under sections 28 and 34 of the Land Acquisition Act from the date of award passed by the S.L.A.O. V. Rest of the judgment and award stands confrmed. VI. Award be drawn up as per the above modifcation. VII. First Appeals are accordingly disposed of. VIII) Pending civil application/, if any, also stand disposed of. sga/- …. [ S.G. DIGE, J. ] sga/-