Bombay High Court
The Executive Engineer vs Bajirao Uttamrao Munde & Ors on 13 January, 2016
Author: T.V. Nalawade
Bench: T.V. Nalawade
1 FA 196.2003 group
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
First Appeal No. 196 of 2003
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
1) Urmilabai D/o Shivaji Munde,
Age 42 years,ig
Occupation : Agriculture,
R/o Indapwadi,Taluka Ambajogai,
District Beed.
2) The State of Maharashtra. .. Respondents.
--------
With
First Appeal No. 197 of 2003
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
1) Vasant s/o Sopan Munde,
Age 52 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
2) The State of Maharashtra. .. Respondents.
--------
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2 FA 196.2003 group
With
First Appeal No. 198 of 2003
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
1) Dnyanoba S/o Manaji Munde,
Age 62 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
2) The State of Maharashtra. .. Respondents.
--------
With
First Appeal No. 199 of 2003
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
1) Atmaram S/o Chimaji Munde,
Age 42 years,
Occupation : Agriculture,
R/o Indapwadi,Taluka Ambajogai,
District Beed.
2) Limbaji S/o Chimaji Munde,
Died, through his
legal representatives :
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3 FA 196.2003 group
2-A) Girjabai w/o Chimaji Munde,
Age 57 years,
Occupation : Household,
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
3) The State of Maharashtra. .. Respondents.
--------
With
First Appeal No. 200 of 2003
*
The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
1) Manaji S/o Ganpati Munde,
Died, through his legal
representatives:
1-A) Jaiwantabai W/o Manaji Munde,
Age 77 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
1-B) Bhimrao S/o Manaji Munde,
Age 57 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
1-C) Lahudas S/o Manaji Munde,
Age 52 years,
Occupation : Agriculture,
R/o Indapwadi,
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4 FA 196.2003 group
Taluka Ambajogai,
District Beed.
1-D) Prabhu S/o Manaji Munde,
Age 47 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
1-E) Navnath S/o Manaji Munde,
Age 42 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
1-F) Jagannath S/o Manaji Munde,
Age 37 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
2) The State of Maharashtra. .. Respondents.
--------
With
First Appeal No. 201 of 2003
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
1) Eknath S/o Ramrao Chate,
Age 37 years,
Occupation : Agriculture,
R/o Indapwadi,
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5 FA 196.2003 group
Taluka Ambajogai,
District Beed.
.. Respondents.
2) The State of Maharashtra.
--------
With
First Appeal No. 202 of 2003
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
1) Tulshiram S/o Maruti Munde,
Age 67 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,District Beed.
2) The State of Maharashtra. .. Respondents.
--------
With
First Appeal No. 203 of 2003
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
1) Baburao s/o Vithal Mundhe,
Age 62 years,
Occupation : Agriculture,
R/o Indapwadi,
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6 FA 196.2003 group
Taluka Ambajogai,
District Beed.
2) Vaijanath S/o Sakharam Mundhe,
Age 33 years,
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
3) The State of Maharashtra. .. Respondents.
--------
With
First Appeal No. 204 of 2003
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
1) Bajirao S/o Uttamrao Munde,
Age 52 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
2) Kisan s/o Uttamrao Munde,
Age 47 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,District Beed.
3) The State of Maharashtra. .. Respondents.
--------
With
First Appeal No. 205 of 2003
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7 FA 196.2003 group
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
.. Appellant.
Parli Vaijanath, District Beed.
Versus
1) Dattu S/o Rakhamaji Munde,
Age 62 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
2)
Madan s/o Rakhamaji Munde,
Age 37 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,District Beed.
3) Manohar S/o Rakhamaji Munde,
Age 35 years,
Occupation : Agriculture,
R/o Indapwadi,
Taluka Ambajogai,District Beed.
4) The State of Maharashtra. .. Respondents.
--------
With
First Appeal No. 206 of 2003
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
1) Vaijanath S/o Rambhau Munde,
Age 45 years,
Occupation : Agriculture,
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8 FA 196.2003 group
R/o Indapwadi,
Taluka Ambajogai,
District Beed.
2) Namdeo S/o Rambhau Munde,
Age 41 years,
R/o Indapwadi,
Taluka Ambajogai, District Beed.
3) The State of Maharashtra. .. Respondents.
--------
With
First Appeal No. 207 of 2003
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
1) Laxman S/o Rambhau Munde,
Age 62 years, Occu: Agriculture,
R/o Indapwadi, Taluka Ambajogai,
District Beed.
2) The State of Maharashtra. .. Respondents.
--------
With
First Appeal No. 208 of 2003
* The Executive Engineer,
Civil Construction Division No.4,
Maharashtra State Electricity Board,
Parli Vaijanath, District Beed. .. Appellant.
Versus
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9 FA 196.2003 group
1) Venubai W/o Rambhau Munde,
Age 52 years, Occu: Agriculture,
R/o Indapwadi,
Taluka Ambajogai, District Beed.
2) The State of Maharashtra. .. Respondents.
--------
Shri. S.S. Choudhari, Advocate, for appellant in all the
first appeals.
Shri. R.A. Deshmukh, Advocate, holding for Shri. S.S.
Thombre, Advocate, for the respondent-original
claimants.
ig ----------
CORAM: T.V. NALAWADE, J.
DATE : 13th JANUARY 2016
JUDGMENT:
1) The appeals are filed by the acquiring body against the common judgment and award of many land references which were pending in the Court of the 2nd Additional District Judge Ambajogai. The Reference Court has enhanced compensation and so the acquiring body has challenged the decision. Both the sides are heard.
2) The lands of the present respondents, owners, are acquired for disposal of ash of Thermal Power Station, Parali Vaijanath. The lands of the respondents were situated in village Indapwadi, Tahsil Ambajogai (now ::: Uploaded on - 10/02/2016 ::: Downloaded on - 31/07/2016 00:57:24 ::: 10 FA 196.2003 group Parali Vaijanath), District Beed. The lands of this village and other villages adjacent to these lands were acquired for this purpose. Notification under section 4 of the Land Acquisition Act was issued on 23-10-1986. The Special Land Acquisition Officer gave rate of Rs.125 to Rs.150/-
per R. The References were filed by the owners by contending that price of their land was much higher and it had non agricultural potential. The lands are situated at the distance of hardly two kilometers from Parali city.
3) The proceeding was opposed by the acquiring body and the State by contending that the Special Land Acquisition officer had considered some sale instances and proper procedure was followed by him.
4) Before the Reference Court the owners gave evidence of sale instances of different villages which were adjacent but which were pre-notification, dated 23-10- 1986. They gave evidence that the market value of similar lands in the vicinity at the relevant time was not less than Rs.30,000/- per acre. The Reference Court has considered these sale instances but less compensation is given in view of the judgment delivered by Reference Court in ::: Uploaded on - 10/02/2016 ::: Downloaded on - 31/07/2016 00:57:24 ::: 11 FA 196.2003 group similar matters on 10-10-2001. As for the similar lands the rate of Rs.400/- per R was given in the present matters also the Reference Court gave the rate of Rs.400/- per R.
5) In the present proceeding, the learned counsel for the respondents, owner, produced a copy of decision delivered by this Court in First Appeal No.684 of 2002 with connected matters on 20-8-2015. In that matter also the lands for the same project were involved. This Court considered the decision given on 1-4-2015 in First Appeal No.252 of 2001 and other circumstances and held that when the lands were acquired for the same project and they were adjacent to each other, the same rate needs to be given. The rate given of Rs.400/- per R was confirmed by this Court. In view of these circumstances and the reasoning given by the Reference Court, this Court holds that it is not possible to interfere in the decision given by the reference Court.
6) In the result, all the appeals are dismissed.
Sd/-
(T.V. NALAWADE, J. ) rsl ::: Uploaded on - 10/02/2016 ::: Downloaded on - 31/07/2016 00:57:24 :::