Bombay High Court
Case Details
1 fa 1449.2018+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1449 OF 2018 ... Vishwanath s/o Shahaji Late, age 48 yrs, Occ. Agri, R/o Deola, Tq. Partur, District Jalna Versus The State of Maharashtra, Through the Collector, Jalna. The Special Land Acquisition Officer, M.I.W. Jalna, Dist. Jalna. Appellant. (orig. claimant) The Executive Engineer, Nimna Dudhna Project, Selu, District Parbhani, At Present Office Shifted to Motibag, Jalna, Dist. Jalna. ..Respondents.. (orig Respondents) ... Mr. K.B. Jadhav, Advocate for appellant. Mr. S.S. Dande, AGP for respondent nos.1 and 2. Mr. B.R. Survase, Advocate for respondent No.3. ... WITH (2) FIRST APPEAL NO.1822 OF 2018 Babasaheb s/o Narayan Gore (Died) Through L.Rs. 1. 2. 3. aaa/- 2 fa 1449.2018+.odt 1. Vaijinath s/o Babasaheb Gore (Died) Through L.Rs. 1/1. Shamal w/o Vaijinath Gore, age years, Occ. Agri, R/o. Deola, Tq. Partur, Dist. Jalna. 1/2. Vaibhav s/o Vaijinath Gore, Age 9 yrs, Minor Under Guardian of his real Mother, Shamal i.e. Appellant No.1/1 Occ. Education, R/o As above. 1/3. Yogesh S/o. Vaijinath Gore, age 7 yrs, Minor u/g of his real mother, Shamal, i.e. appellant no.1, Occ. Education, r/o. as above. Appellants (orig claimants) Kushawartabai w/o Babasaheb Gore, age 60 yrs, Occ. Nil, R/o. as above. Versus The State of Maharashtra, Through the Collector, Jalna. The Special Land Acquisition Officer, M.I.W. Jalna, Dist. Jalna. The Executive Engineer, Nimna Dudhna Project, Selu, District Parbhani. At Present Office Shifted to Motibag, Jalna, Dist. Jalna. ..Respondents.. (orig Respondents) ... 2. 1. 2. 3. aaa/- 3 fa 1449.2018+.odt
Legal Reasoning
on behalf of the appellants that this Court in other connected mat- ters arising out of the same acquisition passed a common judg- ment dated 7.2.2023 in First Appeal No.1351 of 2009 with other aaa/- 7 fa 1449.2018+.odt connected first appeals. After considering the rates of land of- fered by the Acquiring Body in Lok Adalat Settlement to similarly situated claimants following rates of compensation based on the classification of the lands are fixed. Sr. No. Classification of land Rate 1. 2. 3. 4. Dry land Semi Irrigated Land Fully Irrigated Land Pot Kharab Land Rs.2,400/- per R Rs.3,600/- per R Rs.4, 800/- per R Rs.1,200/- per R 3. The learned Advocates appearing for the appellants/ original claimants submit that there is no dispute regarding classi- fication of the lands made under the impugned judgment of the Reference Court. In the present case, admittedly, the lands of the appellants are classified as dry lands. 4. It is submitted by the learned Advocates appearing for the parties that, all these first appeals are restored for hearing in view of the order passed by the Supreme Court of India dated 3.2.2023. The Supreme Court of India has clarified in said order that, in case, the appellants are held entitled for the enhanced compensation by the High Court, they shall not be entitled to the interest from the date of the impugned judgment till filing of the appeals before the Supreme Court, so also for the period for which the interest has been denied by the High Court in earlier round. aaa/- 8 fa 1449.2018+.odt 5. In view of the aforesaid order of the Supreme Court of India, it is submitted on behalf of the parties that they have prepared a chart showing the period for which they are not enti- tled for the interest as per the directions of the Supreme Court. The Chart is taken on record and marked ‘X’ for identification and made part of this judgment. 6. The parties are ad-idem on the point of calculation regarding the period of delay as shown in Column No.12 of the Chart marked as ‘X’ . 7. The learned advocates appearing for the appellants invites attention of this Court to the orders passed in First Appeal No.649 of 2013 alongwith other connected appeals dated 1.8.2023 and the order in First Appeal No.1351 of 2009 with other connected appeals dated 7.2.2023, by which groups of first appeals arising out of the same acquisition have been disposed off. 8. The learned advocates appearing for the respective parties urge to pass the similar orders in the present First Appeals
Arguments
Mr. K.B. Jadhav, Advocate for appellant. Mr. A.B. Chate, AGP for respondent nos.1 and 2. Mr. B.R. Survase, Advocate for respondent No.3. ... WITH (3) FIRST APPEAL NO.1452 OF 2018 Kashinath s/o Shahaji Late, age 42 years, Occ. Agri, R/o. Deola, Tq. Partur, Dist. Jalna. Vishwanath s/o. Shahaji Late, age-major, Occ. Agril, R/o. Deola, Tq. Partur, Dist. Jalna. Versus The State of Maharashtra, Through the Collector, Jalna. Appellants (orig. claimants) The Special Land Acquisition Officer, M.I.W. Jalna, Dist. Jalna. The Executive Engineer, Nimna Dudhna Project, Selu, District Parbhani. At Present Office Shifted to Motibag, Jalna, Dist. Jalna. ..Respondents.. (orig Respondents) ... Mr. K.B. Jadhav, Advocate for appellants. Mr. S.S. Dande, AGP for respondent nos.1 and 2. Mr. B.R. Survase, Advocate for respondent No.3. ... 1. 2. 1. 2. . 3. aaa/- 4 fa 1449.2018+.odt WITH (4) FIRST APPEAL NO.1453 OF 2018 1. 2. 3. Kashinath s/o Shahaji Late, age 42 yrs, Occ. Agri, R/o Deola, Tq. Partur, Dist. Jalna Versus The State of Maharashtra, Through the Collector, Jalna. The Special Land Acquisition Officer, M.I.W. Jalna, Dist. Jalna. Appellant. (orig claimant) The Executive Engineer, Nimna Dudhna Project, Selu, District Parbhani, At Present Office Shifted to Motibag, Jalna, Dist. Jalna. ..Respondents.. (orig Respondents) ... Mr. K.B. Jadhav, Advocate for appellant. Mr. S.S. Dande, AGP for respondent nos.1 and 2. Mr. B.R. Survase, Advocate for respondent No.3. ... WITH (5) FIRST APPEAL NO.1450 OF 2018 Ganesh s/o Gangadhar Late, age 38 yrs, Occ. Agri, R/o Devla, Tq. Partur, Dist. Jalna. Appellant. (orig claimant) Versus aaa/- 5 fa 1449.2018+.odt The State of Maharashtra, Through The Collector, Jalna. The Special Land Acquisition Officer, (M.I.W.) Jalna, Tq & Dist. Jalna. The Executive Engineer, Nimna Dudhna Project, Sailu Division, Sailu, District Parbhani. ..Respondents.. (orig Respondents) ... Mr. P.R. Kadam & M.P. Tripathi, Advocate for appellant. Mr. S.S. Dande, AGP for respondent nos.1 and 2. Mr. B.R. Survase, Advocate for respondent No.3. ... WITH (6) FIRST APPEAL NO.1451 OF 2018 Gangadhar s/o Bapurao Late, age 63 yrs, Occ. Agri, R/o Devla, Tq. Partur, District Jalna. Versus The State of Maharashtra, Through the Collector, Jalna. The Special Land Acquisition Officer, M.I.W. Jalna, Tq & Dist. Jalna. Appellant. (orig claimant) The Executive Engineer, Nimna Dudhna Project, Sailu Division, Sailu, District Parbhani. ..Respondents.. (orig Respondents) ... 1. 2. 3. 1. 2. 3. aaa/- 6 fa 1449.2018+.odt ... Mr. P. R. Kadam & M.P. Tripathi, Advocate for appellant. Mr. S.S. Dande, AGP for respondent nos.1 and 2. Mr. B.R. Survase, Advocate for respondent No.3. ... CORAM : S.G. CHAPALGAONKAR, J. DATED : 10th AUGUST, 2023. ... COMMON JUDGMENT :- 1. Heard learned Advocates appearing for the respective parties. 2. All these first appeals are arising out of the judgment and award passed by the District Judge, Jalna in respective Land Acquisition References, by which the prayer of the appellants seeking enhancement of the compensation has been partly al- lowed. Aggrieved by the partial enhancement and inadequate compensation, the original claimants are before this Court. The lands of the appellants were acquired by the State of Maharashtra for the purpose of “Nimna Dudhana Project”. The Special Land Acquisition Officer had passed the award dated 22.7.1999 under the Land Acquisition Act, 1894 (hereafter for short referred to as ‘the said Act’). The aggrieved claimants had preferred the Land Acquisition Reference which was partially allowed. It is submitted
Decision
for ensuring the consistency. In view of the above, following or- der is passed. O R D E R i. All these First Appeals are partly allowed. aaa/- 9 fa 1449.2018+.odt ii. The appellants shall be entitled to receive compensa- tion for the acquired land @ Rs.2,400/- (Rs. Two Thousand Four Hundred) per Are (R). iii. iv. v. vi. vii. The compensation received/paid to the appellants- claimants as per the Awrad of the Reference Court or otherwise shall be deducted from the compensation arrived by applying the modified rate indicated above. The appellants shall be entitled to receive the statu- tory benefits of interest under section 28 and 34 of the Land Acquisition Act, 1894 from the date of the Award passed by the Special Land Acquisition Officer. The appellants-claimants shall be entitled to get the interest @ 12% p.a. as a special component from the date of notification under section 4(1) of the Land Acquisition Act, 1894 till the date of passing respec- tive Awards by the Special Land Acquisition Officer as per section 23(1A) of the said Act. The appellants/claimants shall be entitled to get 30% solatium on the difference of market value under sec- tion 23(2) of the said Act. The appellants/claimants shall not be entitled to the interest for the respective periods indicated in column No.12 of the Chart marked Exhibit “X”, which is made part of this judgment. viii. Award be modified accordingly. aaa/- 10 fa 1449.2018+.odt ix. x. xi. The First Appeals alongwith pending civil applica- tions are disposed off. The appellants-claimants shall deposit the deficit court fees, if any. Record and Proceedings be sent back to the Reference Court, forthwith. [ S.G. CHAPALGAONKAR ] JUDGE ... AAA. aaa/-