Bombay High Court
Bhaskar Sahebrao Late Died Thr Lrs ... vs The State Of Maharashtra And Others on 31 January, 2017
Author: P.R.Bora
Bench: P.R.Bora
1 FA NO.2740/2016group
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 2740 OF 2016
Vishvanath S/o Narayan Late,
Age 55 years, Occ. Agriculture,
R/o. Devla, Taluka Partur,
District Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1)
The State of Maharashtra
through the Collector,
Jalna,
2) The Executive Engineer
Lower Dudhana Project Division,
Selu, District Parbhani,
3) The Special Land Acquisition Officer,
(M.I.W.) Jalna.
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2905 OF 2015
Kamalbai Raosaheb Late,
Age:41 years, Occ.:Agri.,
R/o. Village Devla, Taluka Partur,
District Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
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2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna.
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2908 OF 2015
Vitthal Narayan Late,
Age:49 years, Occu.: Agri.,
R/o. Village Devla, Taluka Partur,
Dist. Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna .
...RESPONDENTS
(Original Respondents)
WITH
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FIRST APPEAL NO. 2910 OF 2015
Ganesh Haribhau Late,
Age:49 years, Occu.: Agri.,
R/o. Village Devla, Taluka Partur,
District Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2)
The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna .
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2911 OF 2015
Mahadev Haribhau Late,
Age: 62 years, Occu.: Agri.,
R/o. Village Devla, Taluka Partur,
District Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
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2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2912 OF 2015
Raosaheb Haribhau Late,
Age:43 years, Occu.:Agri.,
R/o. Village Devla, Taluka Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
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FIRST APPEAL NO. 2913 OF 2015
Mahadev Bapurao Late,
Age:80 years, Occ.:Agri.,
R/o. Village Devla, Taluka Partur,
District Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2)
The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2914 OF 2015
1) Mahadev Haribhau Late,
Age:62 years, Occu.: Agri.,
2) Raosaheb Haribhau Late,
Age:57 years, Occu.:Agri.,
Both above are R/o. Village Devla,
Taluka Partur, Dist. Jalna,
...APPELLANTS
(Original Claimants)
VERSUS
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1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
ig ...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2915 OF 2015
Vitthal Shesherao Late (died),
through his legal heirs,
1) Ramprasad Vitthalrao Late,
Age:33 years, Occu.: Agril.,
2) Bhagwan Vitthalrao Late,
Age:29 years, Occu.:Agril.,
3) Vilas Vitthalrao Late,
Age:25 years, Occu.:Agril.,
4) Swarupabai Vitthalrao Late,
Age:50 years, Occu.: Housewife,
All R/o. Deola, Tq. Partur, Dist. Jalna,
...APPELLANTS
(Original Claimants)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
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2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 619 OF 2016
Bapu Santoba Late
Age:74 years, Occ.: Agri.,
R/o. Village Devla, Taluka Partur,
District Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
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FIRST APPEAL NO. 620 OF 2016
Uttam Madhavrao Late,
Age:80 years, Occu.:Agri.,
R/o. Village Devla, Taluka-Partur,
District Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2)
The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 621 OF 2016
Indar Tulshiram Late
Age:50 years, Occu.:Agri.,
R/o. Village Devla, Taluka Partur,
District Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
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2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
ig WITH
FIRST APPEAL NO. 2414 OF 2016
Shivaji Raosaheb Late,
Age:35 years, Occu.:Agri.,
R/o. Village Devla, Taluka- Partur,
District-Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
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FIRST APPEAL NO. 2482 OF 2016
Sarjerao Tulshiram Late,
Age:55 years, Occu.:Agri.,
R/o. Village Devla, Taluka Partur,
District Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2)
The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2483 OF 2016
Prabhu @ Prabhakar Ashruba Late,
Age:38 years, Occu.:Agri.,
R/o. Village Devla, Taluka Partur,
District-Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
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2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2484 OF 2016
Kasinath Nivrutti Late,
Age:41 years, Occ.:Agri.,
R/o. Village Devla, Taluka- Partur,
District Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
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FIRST APPEAL NO. 2485 OF 2016
Balasaheb Nivrutti Late,
Age:44 years, Occu.:Agri.,
R/o. Village Devla, Taluka- Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2)
The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2486 OF 2016
Satyashila Asaram Pawar,
Age:53 years, Occu.:Agri.,
R/o. Village Devla, Taluka- Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
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2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2487 OF 2016
Anna Tulshiram Late,
Age:55 years, Occu.:Agri.,
R/o. Village Devla, Taluka- Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
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FIRST APPEAL NO. 2488 OF 2016
Shankar Anna Late,
Age:38 years, Occu.: Agri.,
R/o. Village Deola, Talika- Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2)
The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2741 OF 2016
Indumati Vithal Late,
Age:39 years, Occu.:Agri.,
R/o. Village Devla, Taluka- Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
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2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2742 OF 2016
Kushavartabai Vishvanath Late,
Age:49 years, Occu.:Agri.,
R/o. Village Devla, Taluka- Partur,
District- Jalna, ...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
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FIRST APPEAL NO. 2743 OF 2016
Annapurnabai Uttamrao Late,
Age:70 years, Occ.:Agri.,
R/o. Village Devla, Taluka- Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2)
The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2744 OF 2016
Kasibai Bhanudas Late,
Age:53 years, Occu.:Agri.,
R/o. Village Devla, Taluka- Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
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2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2745 OF 2016
Haribhau Bhaurao Late (Died)-Through L.Rs.
1) Mahadev Haribhau Late,
Age:64 years, Occ.:Agri.,
2) Raosaheb Haribahu Late,
Age:61 years, Occ.:Agri.,
3) Ganesh Haribahu Late,
Age:55 years, Occu.:Agri.,
All above is R/o. Village Devla,
Taluka- Partur, Dist. Jalna,
4) Antikabai Bharatrao Kadam,
Age:58 years, Occu.:Housewife,
R/o. Village Partur,
Taluka- Partur, Dist. Jalna,
...APPELLANTS
(Original Claimants)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
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2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2746 OF 2016
Swarupabai Vithalrao Late,
Age:54 years, Occu.:Agri.,
R/o. Village Deola, Taluka- Partur,
District- Jalna, ...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna,
...RESPONDENTS
(Original Respondents)
WITH
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FIRST APPEAL NO. 2747 OF 2016
Shyamrao Janrao Pawar
(Died through L.Rs.),
1) Asaram Shyamrao Pawar
Age:58 years, Occu.:Agri.,
2) Shivaji Shyamrao Pawar,
Age:50 years, Occu.:Agri.,
Both above are R/o. Village Devla,
Taluka- Partur, Dist. Jalna,
...APPELLANTS
VERSUS
ig (Original Claimants)
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2748 OF 2016
Ansabai Madhavrao Late died through L.Rs.
1) Uttamrao Madhavrao Late,
Age:65 years, Occu.:Agri.,
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2) Nivrutti Madhavrao Late,
Age:60 years, Occu.:Agri.,
Both above are R/o. Village Deola,
Taluka Partur, District- Jalna,
...APPELLANTS
(Original Claimants)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2792 OF 2016
Prabhakar Bhaurao Late,
Age:44 years, Occu.:Agri.,
R/o. Village Deola, Taluka- Partur,
District- Jalna, ...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
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21 FA NO.2740/2016group
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2793 OF 2016
Dinkar Bhaurao Late,
Age:42 years, Occu.:Agri.,
R/o.village Deola, Taluka- Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2794 OF 2016
Anna Ambadas Late,
Age:59 years, Occu.:Agri.,
R/o. Village Deola, Taluka- Partur,
District- Jalna,
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...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2795 OF 2016
Jagannath Ganeshrao Late,
Age:32 years, Occu.:Agri.,
R/o. Village Devla, Taluka- Partur,
District- Jalna, ...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
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3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2796 OF 2016
Nivrutti Madhavrao Late,
Age:60 years, Occu.:Agri.,
R/o. Village Deola, Taluka- Partur,
District- Jalna, ...APPELLANT
(Original Claimant)
VERSUS
1)
The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2797 OF 2016
Rameshwar Nivrutti Late,
Age:44 years, Occu.:Agri.,
R/o. Village Deola, Taluka- Partur,
District- Jalna, ...APPELLANT
(Original Claimant)
VERSUS
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24 FA NO.2740/2016group
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna,
ig ...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2798 OF 2016
Balasaheb Mahadev Late,
Age:38 years, Occu.:Agri.,
R/o. Village Deola, Taluka-Partur,
District- Jalna, ...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna,
...RESPONDENTS
(Original Respondents)
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WITH
FIRST APPEAL NO. 2799 OF 2016
Laxman Nivrutti Late,
Age:36 years, Occu.:Agri.,
R/o. Village Devla, Taluka- Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2)
The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2800 OF 2016
Prabhu Bhanudas Late,
Age:44 years, Occu.:Agri.,
R/o.village Devla, Taluka- Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
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2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna,
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2801 OF 2016
Uttam Ganpatrao Late,
Age:82 years, Occu.:Agri.,
R/o. Village Deola, Taluka- Partur,
District- Jalna, ...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
2740-16fagroupJalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
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FIRST APPEAL NO.2802 OF 2016
Sumanbai Bhaurao Late,
Age:65 years, Occu.:Agri,
R/o. Village Deola, Taluka- Partur,
District- Jalna, ...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2803 OF 2016
Sumanbai Nivrutti Late,
Age:64 years, Occu.:Agri,
R/o. Village Deola, Taluka- Partur,
District- Jalna, ...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:01 :::
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department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 2804 OF 2016
Kamalbai Anna Late,
Age:60 years, Occu.:Agri.,
R/o. Village Deola, Taluka- Partur,
District- Jalna,
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra,
through the Collector, Jalna
Tq. and Dist. Jalna,
2) The Executive Engineer,
Lower Dudhana Project Division, Selu,
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist. Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna ,
...RESPONDENTS
(Original Respondents)
...
Mr. P.R. Katneshwarkar, Advocate holding for
Mr. D.M. Kakde, Advocate for Appellants;
Mr. S.P. Deshmukh, A.G.P. for State.
Mr. B.R. Survase, Mr. R.C. Patil, Mr. S.G. Bhalerao,
Mr. S.C. Arora, Advocates for Respondents.
Mrs. R.D. Reddy, Advocate for Respondent.
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FIRST APPEAL NO. 3231 OF 2015
Bhaskar Sahebrao Late. (Died) through L.Rs.
1) Kalyan Bhaskarrao Late
Age:24 years, Occ-Agri.,
2) Govind Bhaskarrao Late,
Age:21 years, Occ-Agri.,
3) Mandakini Bhaskarrao Late,
Age:42 years, Occ-Agri,
All above are R/o. Village Devla,
Taluka - Partur, District-Jalna
...APPELLANTS
(Original Claimants)
VERSUS
1) The State of Maharashtra
through the Collector, Jalna,
Tq. and Dist. Jalna
2) The Executive Engineer
Lower Dudhana Project Division, Selu
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist.-Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 3411 OF 2015
Ramprasad Vithalrao Late,
Age:27 years, Occ-Agri,
R/o. Village Deola, Taluka-Partur,
District-Jalna
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...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra
through the Collector, Jalna,
Tq. and Dist. Jalna
2) The Executive Engineer
Lower Dudhana Project Division, Selu
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist.-Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 249 OF 2016
Dnyaneshwar Uttamrao Late,
Age:42 years, Occ-Agri,
R/o. Village-Devla, Taluka-Partur,
District-Jalna
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra
through the Collector, Jalna,
Tq. and Dist. Jalna
2) The Executive Engineer
Lower Dudhana Project Division, Selu
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist.-Jalna,
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3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 250 OF 2016
Bhaskar Bapurao Late,
Age:42 years, Occ-Agri.,
R/o. Village-Devla, Taluka-Partur,
District-Jalna
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra
through the Collector, Jalna,
Tq. and Dist. Jalna
2) The Executive Engineer
Lower Dudhana Project Division, Selu
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist.-Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL NO. 1053 OF 2016
Dnyaneshwar Raosaheb Late,
Age:32 years, Occ-Agri.,
R/o. Village Devla, Taluka-Partur,
District-Jalna,
...APPELLANT
(Original Claimant)
VERSUS
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1) The State of Maharashtra
through the Collector, Jalna,
Tq. and Dist. Jalna
2) The Executive Engineer
Lower Dudhana Project Division, Selu
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist.-Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna
ig ...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL STAMP NO. 19962 OF 2016
Nathoba S/o Baburao Late (died),
Through L.Rs.
1) Ahilaram @ Ahilaji S/o Nivruti Late
Age:52 years, Occu.- Agri.,
2) Balasaheb S/o. Nivruti Late,
Age:44 years, Occu.-Agri.,
3) Kashinath S/o Nivruti Late,
Age:42 years, Occu.:Agri.,
4) Kesharbai W/o Nivruti Late,
Age:69 years, Occu.-Agri.,
5) Parvatibai W/o Babasaheb Pawar,
Age:43 years, Occu.-Agri.,
6) Sarubai W/o Babasaheb Kakade
Age:40 years, Occu.-Agri.,
All R/o. Devla, Tq. Partur, Dist. Jalna
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...APPELLANTS
(Original Claimants)
VERSUS
1) The State of Maharashtra
through the Collector, Jalna,
Tq. and Dist. Jalna
2) The Executive Engineer
Lower Dudhana Project Division, Selu
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist.-Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL STAMP NO. 19952 OF 2016
Dnyanoba Nehaji Late,
Age:89 years, Occ-Agri.,
R/o. Village Deola, Taluka-Partur,
District-Jalna.
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra
through the Collector, Jalna,
Tq. and Dist. Jalna
2) The Executive Engineer
Lower Dudhana Project Division, Selu
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist.-Jalna,
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34 FA NO.2740/2016group
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL STAMP NO. 19950 OF 2016
Deorao Madhavrao Late (died),
Through legal heirs,
1. Nabdabai Deorao Late,
Age-Major, Occu-Labour,
2.
Manik Deorao Late (died),
Through L.Rs.
A) Vitthal Manikrao Late,
Age: Major, Occu-Labor,
B) Bhaskar Manikrao Late,
Age-Major, Occu-Labor,
All above are R/o. Deola,
Tq. Partur, Dist. Jalna
...APPELLANTS
(Original Claimants)
VERSUS
1) The State of Maharashtra
through the Collector, Jalna,
Tq. and Dist. Jalna
2) The Executive Engineer
Lower Dudhana Project Division, Selu
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist.-Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna
...RESPONDENTS
::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 :::
35 FA NO.2740/2016group
(Original Respondents)
WITH
FIRST APPEAL STAMP NO. 19954 OF 2016
Radhabai Uttamrao Late (died),
Through legal heirs,
1. Alaknanda Balasaheb Pawar,
Age: Major, Occu-Agri.,
2. Balasaheb Bhagwanrao Pawar,
Age-Major, Occu-Agri.,
Both above are R/o. Nathnagar,
Tq. & Dist. Parbhani
...APPELLANTS
(Original Claimants)
VERSUS
1) The State of Maharashtra
through the Collector, Jalna,
Tq. and Dist. Jalna
2) The Executive Engineer
Lower Dudhana Project Division, Selu
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist.-Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna
...RESPONDENTS
(Original Respondents)
WITH
FIRST APPEAL STAMP NO. 34289 OF 2015
Bhaurao Sheshrao Late,
Age:68 years, Occ-Agri,
R/o. Village Deola, Taluka-Partur,
District-Jalna
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36 FA NO.2740/2016group
...APPELLANT
(Original Claimant)
VERSUS
1) The State of Maharashtra
through the Collector, Jalna,
Tq. and Dist. Jalna
2) The Executive Engineer
Lower Dudhana Project Division, Selu
District Parbhani. Since, this
department is abolished at
present Jalna Irrigation Department,
Jalna, Office at Motibagh, Jalna.
Tq. and Dist.-Jalna,
3) The Special Land Acquisition Officer,
(M.I.W.) (Lasica) Jalna
...RESPONDENTS
(Original Respondents)
...
Mr.Katneshwarkar, Advocate, Mr. D.M. Kakde,
Advocate for Appellants;
Mr. Y.G. Gujrathi, Mr. G.O. Wattamwar, Mr. S.P.
Deshmukh, Mr. S.N. Morampalle, A.G.P's. for State.
Mr. Ruturaj C. Patil, and Mr. S.G. Bhalerao,
Smt.Reddy, Mr.S.C.Arora, Advocates for
Respondent No.2.
...
CORAM: P.R.BORA, J.
...
Date of reserving the judgment: 17-11-2016
Date of pronouncing the judgment:31-01-2017
...
JUDGMENT:
. Admit. Heard finally by consent.
1. Present Appeals are filed by the Original
Claimants seeking enhancement in the amount of
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37 FA NO.2740/2016group
compensation as awarded to them in their respective Land Acquisition References by the Court of Civil Judge, Senior Division, at Jalna ( hereinafter referred to as the Reference Court).
2. The lands which are the subject matters of the present appeals were acquired for Lower Dudhana Project and the notification under Section 4 of the Land Acquisition Act, 1894 ( hereinafter referred to as the Act ) in that regard was published in the Government Gazette on 14.7.1995. The award under Section 11 of the Act came to be passed on 20th of April, 1999. The Special Land Acquisition Officer had fixed the market value of the acquired lands at the rate of Rs.508/- per Are and has accordingly offered the amount of compensation to the respective claimants. Dissatisfied with the amount of compensation so offered, the claimants preferred applications under Section 18 of the Act to the Collector who, in turn, forwarded all said applications to the Civil Court at Jalna for their further adjudication. The claimants had claimed compensation before the Reference Court at the rate of Rs.3,000/- per Are. In order to substantiate the claim so raised by them, the respective ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 38 FA NO.2740/2016group claimants adduced their oral evidence before the Reference Court and also placed on record the certified copies of few sale deeds of comparable lands. The claimants had also relied upon some earlier judgments passed by the Reference Court in the Reference Applications arising out of the lands acquired for the purpose of Lower Dudhana Project. The State or the acquiring body did not adduce any oral evidence nor any sale instance was placed on record by them.
3. The judgments and awards which are challenged in the present appeals are delivered on different dates and by different Presiding Officers. In majority judgments and awards, the Reference Court has awarded the compensation to the respective claimants at the rate of Rs.1200/- per Are for non irrigated lands, at the rate of Rs.1800/- for semi irrigated lands, at the rate of Rs.2400/- to the irrigated lands and at the rate of Rs.600/- per Are for Potkharab lands. In few of the judgments and awards, the compensation is awarded to the irrigated lands at the rate of Rs.1800/- , and for the Potkharab land at the rate of Rs.900/- per Are. The ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 39 FA NO.2740/2016group present appeals are filed by the respective claimants seeking enhancement in the amount of compensation as awarded by the Reference Court.
4. Shri Katneshwarkar, learned Counsel appearing for the appellants / claimants submitted that the lands from 22 villages were acquired for the Lower Dudhana Project from three different Talukas, namely, Selu, Partur and Mantha. Learned Counsel submitted that in order to substantiate the claim so raised, the claimants had placed on record three sale deeds of the comparable lands and have also relied upon the judgments passed in L.A.R.No.59/2002 and L.A.R.No. 405/2002 arising out of the acquisition for the same project i.e. Lower Dudhana Project. Learned Counsel further submitted that the learned Reference Court without considering the sale instances placed on record by the claimants and the judgments passed in LARs arising out of the acquisition of the lands in adjacent villages, preferred to rely relied upon the earlier judgment passed in LAR No.448/2002 wherein the Reference Court had awarded the compensation at the rate of Rs.1200/- per Are for the dry land. Learned ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 40 FA NO.2740/2016group Counsel submitted that though the lands involved in LAR No.448/2002 were acquired vide notification dated 14.7.1995, the same market value which was given in LAR No.313/1997 to the lands acquired on 4.3.1993, was determined by the Reference Court for the said lands without giving any notional increase in the market value at the rate of 12 per cent per annum as laid down by the Apex Court in ig Jasarvinder Singh and ors Vs. President, Land Acquisition Tribunal and others.
5. Learned Counsel submitted that the amount of compensation awarded by the Reference Court is not just and adequate and deserves to be enhanced. Relying on the judgment of the Division Bench of the Delhi High Court in the case of Chajju Vs. Union of India ( MANU / DE / 0758 /1999), the learned Counsel submitted that while determining the market value of the acquired lands, if the higher market value is fixed in respect of the land in contiguous villages acquired under the same notification, the market value of the other lands acquired under the same notification from the adjoining villages shall be fixed on the basis of the value fixed in ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 41 FA NO.2740/2016group respect of the lands in contiguous village/s for which the higher market value is fixed. Learned Counsel invited my attention to the following observations made by the Division Bench of the Delhi High Court in paragraph no.21 of the said judgment:
"21. Similarly, in Sita Ram's case, a Division Bench of this Court of which one of us (Usha Mehra,J.) was a Member, has held that since there is "no basic difference in the matter of potentiality of land and situation of Village Amberhai ig and Shahbad Modh. Pur we see no reason why the same rate as determined by this Court in the case of Balak Ram & Ors. Vs. Union of India (supra) be not made applicable to the facts of this case. Even otherwise the Supreme Court as well as this Court have repeatedly held the view that when there is a large scale acquisition of land in various villages which are adjacent to each other and having same potentiality then the pattern of evaluating the compensation should be consistently followed by the Court. The State cannot categorise land for fixing different rates of land when its land has been acquired for the same purpose. MANU/SC/0352/1981 : AIR 1982 SC 940, Brig. Sahib Singh Kalha Vs. Amristar Improvement Trust & Ors., and, MANU/DE/0317/1980: 18(1980) DLT197, (Inderjit Kaur Vs. Rajinder Singh). The State cannot refuse to pay in respect of lands acquired under the same notification, compensation awarded to the land owners whose similarly situated lands had been acquired under the same notification for the same purpose. This is so held by the Apex Court in the case of Nand Ram & Ors. Vs. The State of Haryana, reported in JT 1988 (4) SC 260."
6. Learned Counsel further relied upon the judgment of the Honourable Apex Court in the case of Jasarvinder Singh and ors Vs. President, Land Acquisition ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 42 FA NO.2740/2016group Tribunal and others ( (2012) 12 SCC 373 ) to urge that the benefit of increase at the rate of 12 per cent per annum has to be normally given if the market value is to be determined relying upon the sale instances of the earlier period.
7. Learned Counsel also placed his reliance on the another judgment of the Honourable Apex Court in the case of Union of India Vs. Bal Ram and another (MANU/SC/0890/2004) wherein the Honourable Supreme Court has held that it would be unfair to discriminate between the land owners to pay more to some and less to others when the purpose of acquisition was same and lands were identical and similar though lying in different villages.
8. Learned Counsel further submitted that this Court (Coram: N.W.Sambre, J.) while deciding First Appeal ( Stamp) No.32186/2014, with connected appeals, arising out of the Land Acquisition References, preferred in respect of the lands which were acquired for Lower Dudhana Project from village Mangrul, has confirmed the ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 43 FA NO.2740/2016group judgment and award passed by the Reference Court whereby the compensation was awarded at the rate of Rs.2000/- per Are for dry land. Learned Counsel submitted that in the said matter, the learned Reference Court had relied upon the sale instances from village Revalgaon to determine the market value of the lands acquired from village Manrul and this Court did not cause any interference in the said judgment.
9. Learned Counsel further submitted that in an another judgment delivered by this Court ( Coram:
S.V.Gangapurwala, J.) on 14th of October, 2014, in First appeal No.2783/2016, with the connected appeals, arising out of the Land Acquisition References preferred in respect of the lands acquired from village Wanjola for the same Lower Dudhana Project, has enhanced the amount of compensation at the rate of Rs.1500/- per Are for non-
irrigated lands, Rs.1800/- per Are for semi-irrigated lands and Rs.2100/- per Are for perennially irrigated lands.::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 44 FA NO.2740/2016group
10. Learned Counsel submitted that in view of the law laid down by the Honourable Apex Court in the judgments relied upon by the claimants and considering the judgments delivered by this Court in companion matters arising out of the acquisition proceedings in respect of the lands acquired for Lower Dudhana Project, the amount of compensation shall be enhanced in the present appeals to the tune of Rs.2000/- per Are for non irrigated lands, Rs.4,000/- per Are for irrigated lands and Rs.3,000/- for semi irrigated lands.
11. Shri S.P.Deshmukh, learned A.G.P. appearing for the State, Shri B.R.Surawase, Shri Ruturaj Patil, Shri S.G.Bhalerao, Shri S.C.Arora and Mrs. R.D. Reddi, learned Counsel appearing for the acquiring body, resisted the submissions advanced on behalf of the appellants / claimants. Learned A.G.P., and the learned Counsel appearing for the acquiring body submitted that the Reference Court has correctly determined the market value of the acquired lands in the respective Reference applications and no interference is required in the judgments and awards impugned in the present appeals.
::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 45 FA NO.2740/2016group12. Shri S.C.Arora, relying on the Division Bench judgment of this Court, in the case of The Special Land Acquisition Officer (7) Bombay and Bombay Sabarban District Municipal Corportation Vs. Vishanji Virji Mepani and another ( AIR 1996 Bombay 366), submitted that while relying upon the previous judgments or awards in respect of the acquisition of the lands, there has to be the evidence to find out how far the same would be comparable to the acquired lands. Learned Counsel further submitted that the Court has to take into consideration the other evidence which is on record, namely, the various awards which the Special Land Acquisition Officer himself has referred in his award in respect of the lands in that vicinity.
13. Learned Counsel further relied upon the law laid down by the Honourable Supreme Court in the case of Karan Singh and others Vs. Union of India ( (1997) 8 SCC
186), wherein it is held that, ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 46 FA NO.2740/2016group " The Judgments of Courts in land acquisition cases or awards given by the Land Acquisition Officers can be relied upon as a good piece of evidence for determining the market value of the land acquired under certain circumstances. One of the circumstances being that such an award or judgment of the Court of the Court of law must be a previous judgment. It is only the previous judgment of a Court or an Award which can be made basis for assessment of the market value of the acquired land subject to party relying such judgment to adduce evidence for showing that due regard being given to all attendant facts it could form the basis for fixing the market value of acquired land. "
14. Learned Counsel also relied upon the judgment of the Gujrat High Court in the case of Chinuprasad V. Jani (AIR 1992 Gujarat 63), wherein it is held that mere production of a map along with the judgment of the Civil Court in another group of Land Acquisition cases by itself would not be sufficient to enable the Court to find out the comparable instances or to evaluate the land on a particular basis. It is further held that it would be too presumptuous to enhance the value of the acquired lands simply because, such an increase was made by the another Bench of the High Court in respect of previous acquisition of different lands because of certain reasons which are not reflected in the present group of matters.
::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 47 FA NO.2740/2016group15. It was also contended by Shri Arora that the sale deeds which have been relied upon by the Reference Court were of all small portion of lands and could not have been, therefore, relied upon for determining the market value of the acquired lands which were the big tracks of the land. Learned Counsel further contended that the claimants had not brought on record sufficient evidence as regards to the quality and potentiality of the acquired lands.
Adopting the arguments advanced by Shri Arora, learned Counsel, Smt. Reddi added that in some of the Reference applications, the Reference Court has relied upon the judgment delivered in L.A.R.No.276/2010 wherein the lands involved were of village Deola and has correctly determined the market value of the lands which are the subject matter in the present appeals acquired from village Deola.
Learned Counsel Shri Ruturaj Patil submitted that in each case the compensation has to be determined based on the facts and circumstances of the said case. Learned Counsel further submitted that initially the claimants had claimed the compensation at the rate of Rs.1500/- per Are ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 48 FA NO.2740/2016group and subsequently by amending the petition they claimed the compensation at the rate of Rs.3,000/- per Are.
Learned Counsel submitted that there is absolutely no basis for claiming compensation at the rate of Rs.3,000/-
per Are. Learned Counsel appearing for the acquiring body were common in making a submission that the appeals filed by the claimants are devoid of substance and no case is made out for causing interference in the judgments and awards impugned in the present appeals.
16. I have carefully considered the submissions made on behalf of the learned Counsel appearing for the appellants / claimants, learned A.G.P., and the learned Counsel appearing for the acquiring body. I have also perused the impugned judgments and the other material on record, more particularly, the evidence adduced in the matters. As noted earlier, the lands which are the subject matter of the present appeals, were acquired from village Deola for Lower Dudhana Project vide Section 4 notification issued on 14th of July, 1995. Award under Section 11 was passed on 22nd of July, 1999. The Special Land Acquisition Officer had offered the ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 49 FA NO.2740/2016group compensation at the rate of Rs.508/- per Are for non irrigated lands. Initially, the claimants had claimed the compensation at the rate of Rs.1500/- per Are for Jirayat land, however, by amending the petitions, the claimants enhanced the claim from Rs.1500/- per Are to Rs.3,000/-
per Are.
17. In order to substantiate the claim so raised by them, the claimants, in addition to their own oral evidence, had commonly relied upon three sale instances and two earlier judgments passed in the acquisition proceedings arising out of the same project and notification. The acquiring body, admittedly, did not file the written statement and the Reference Applications were proceeded ex parte against it. The respondent State, however, had filed the written statement and resisted the claim on various grounds. No oral evidence, however, was adduced even on behalf of the State nor any sale instance was placed on record by the State. It is thus evident that the oral testimonies of the respective claimants, three sale deeds placed on record on their behalf and the earlier two judgments of the Reference Court in respect of the lands ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 50 FA NO.2740/2016group acquired for the same project were only available for consideration of the Reference Court for determining the market value of the lands involved in the present appeals.
18. The necessary particulars of the three sale instances which were relied upon by the claimants are reproduced hereinbelow in tabular form:
Particulars Sr. Date of Consider- Per R of Sale Village Area No. Registration ation Value Deed 1 Sale Deed 14-06-1995 Revalgaon 13 R 26000/- 2000/-
No. 2055 2 Sale Deed 31-03-1995 Village 51 R 19,5000/- 3823/-
No.1000 Mantha
3 Sale Deed '02-02-1994 Village 14 R 68,000/- 4857/-
No.209 Mantha
Similarly, relevant particulars in respect of the earlier judgments passed by the reference court in the matters arising out of the lands acquired for the same project from the adjacent villages are also reproduced hereinbelow.
Sr. LAR No. Date of Village Type Market
No. Sec.4 and Value
Notification nature determined
of Land by
Ref.Court
1 LAR 31/03/1996 Satona (bk) Non- 2500/ per
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51 FA NO.2740/2016group
No.59/2002 irrigated R
2 LAR No. 23/03/1995 Raniwahegaon Non- 1800/per
405/2002 irrigated R
19. It was contended by Shri Katneshwarkar,
learned Counsel appearing for the claimants that the earlier judgment passed by the concerned Reference Court in LAR No.59/2002 and LAR No.405/2002 have not been challenged byig the respondents and the respective claimants had received the entire amount of compensation in both the said Land Acquisition References. It was, therefore, the contention of the learned Counsel that there was no reason for the Reference Court to keep the aforesaid judgments out of consideration and not to fix the market value of the lands which are the subject matter of the present appeals on the basis of the market value determined in the aforesaid Land Acquisition References by the Reference Court of the lands from the adjacent villages.
20. Perusal of the judgment in LAR No.380/2010 reveals that the Reference Court relied upon the earlier judgment passed in LAR No.448/2002, arising out of the ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 52 FA NO.2740/2016group same acquisition in which the Reference Court had granted the compensation at the rate of Rs.1200/- per Are for dry lands. The judgment in LAR No.448/2002 has been placed on record by the claimants. While deciding LAR No.448/2002 along with the connected Land Acquisition References, the learned District Judge who had decided the said Reference Applications had relied upon the earlier common judgment delivered by the District Judge-II, Jalna, in LAR No.313/1997 and others. The lands involved in LAR No.313/1997 with connected matters as well as the lands which were the subject matter of LAR No.448/2002 with connected matters were acquired from village Deola for Lower Dudhana Project. In LAR No.448/2002, the Reference Court determined the market value of the non irrigated lands at the rate of Rs.1200/- per Are and at the rate of Rs.30/- per Are for Potkharab land. In LAr No.313/1997 with other Reference Applications, the Reference Court which had decided the said applications, had determined the market value of the non irrigated lands at the rate of Rs.1200/- per Are and at the rate of Rs.1400/- per Are for irrigated lands.::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 53 FA NO.2740/2016group
21. In LAR No.59/2002 wherein the land involved was of village Raniwahegaon, the Reference Court has determined the market value of the non irrigated lands at the rate of Rs.2500/- per Are and Rs.1250/- per Are for Potkharab Land. In LAR No.405/2002, wherein also the acquired land was from village Raniwahegaon, the Reference Court determined the market value of the acquired land at the rate of Rs.1800/- per Are for non irrigated land and Rs.900/- per Are for Potkharab land.
22. The claimants have also placed on record the copy of the judgment delivered by this Court ( Coram:
S.V.Gangapurwala, J.) on 14th October, 2015, in First Appeal No.2561/2015, with connected appeals. In the said appeals, the acquired lands were of village Wanjola, taluka Mantha. The said lands were also acquired for Lower Dudhana Project and were acquired vide Section 4 notification issued on 13th of July, 1995. In the said appeals, this Court has determined the market value of the lands which were the subject matter in the said appeals situate at village Wanjola at the rate of Rs.1500/- per Are for non irrigated lands, Rs.1800/- for semi irrigated lands ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 54 FA NO.2740/2016group and Rs.2100/- per Are for irrigated lands. In the aforesaid matter, the learned Single Judge ( Coram:
S.V.Gangapurwala, J.) has relied upon the earlier judgment delivered by the Division Bench of this Court in First Appeal Stamp No.25415/2003 with other connected appeals wherein the Division Bench has confirmed the market value of the acquired lands from village Wanjala for Lower Dudhana Project at the rate of Rs.1500/- per Are for Jirayat land, Rs.1800/- per Are for seasonally irrigated land and Rs.2100/- per Are for perennially irrigated lands.
23. The appellants / claimants had also placed on record the copy of the judgment dated 21st of July, 2015, passed by this Court ( Coram: N.W.Sambre, J.) in First Appeal Stamp No.32186/2014, with the other connected appeals. The said appeals were arising out of the judgment and awards passed by the Reference Court in respect of the lands from village Mangrul acquired for Lower Dudhna project. The Reference Court had awarded the compensation for the said lands at the rate of Rs.2,000/- per Are for non irrigated lands as against Rs.518/- to Rs.544/- per Are awarded by the Land ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 55 FA NO.2740/2016group Acquisition Officer. This Court, vide the aforesaid judgment, has dismissed the appeals filed by the State / acquiring body thereby confirming the compensation awarded by the Reference Court at the rate of Rs.2,000/-
per Are for the non irrigated lands from village Mangrul, taluka Selu, district Parbhani.
24. It is the matter of record that for Lower Dudhana Project the lands were acquired from three different Talukas, namely, Selu, Partur and Mantha. The material on record as discussed hereinabove reveals that for the lands which were acquired from village Wanjola, taluka Mantha, the compensation has been awarded at the rate of Rs.1500/- per Are for non irrigated lands, Rs.1800/- per Are for semi irrigated lands and Rs.2100/-
per Are for perennially irrigated lands by the Division Bench of this Court and in the subsequent matters by the learned Single Judge of this Court. In so far as the lands which were acquired from village Mangrul, taluka Mantha, the compensation as awarded by the Reference Court at the rate of Rs.2000/- per Are for the non irrigated lands is confirmed by this this Court. For the lands which were ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 56 FA NO.2740/2016group acquired from village Raniwahegaon, taluka Partur, the compensation was awarded at the rate of Rs.2500/- per Are in LAR No.59/2002 whereas at the rate of Rs.1800/-
per Are in LAR No.405/2002. As was submitted on behalf of the claimants, the judgments in LAR No.59/2002 and LAR No.405/2002 have not been challenged by the respondents and the claimants have received the entire compensation in both the Land Acquisition References. It was in this context, submitted by Shri Katneshwarkar, learned Counsel for the claimants that the compensation for the lands which are the subject matter in the present appeals needs to be enhanced at par with the compensation awarded in the said decided matters.
25. In so far as the lands acquired from village Deola are concerned, it seems that there is no decision from the High Court. As has come on record, the lands which were involved in LAR No.448/2002, and LAR No.313/1997, were of village Deola. There is no material on record showing that the judgments in LAR No.448/2002 and 313/1997 have been challenged before this Court. In some of the impugned judgments, the ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 57 FA NO.2740/2016group Reference Court has referred to the earlier judgment passed in LAR No.276/2010 arising out of the acquisition of the land for the same Lower Dudhana Project from village Deola. I have perused the judgment in LAR No.276/2010 also which has been impugned in First Appeal No.2741/2016. While determining the market value of the acquired lands involved in the said Reference application, the Reference Court has relied upon the earlier judgments in LAR No.313/1997 and 448/2002 pertaining to the acquisition from village Deola for Lower Dudhana Project.
26. In the background of the material on record, as discussed hereinabove, the question arises whether the compensation can be awarded for the lands acquired from village Deola on the basis of or at par with the compensation awarded for the lands acquired from village Revalgaon or from village Wanjola or from village Mangrul or from village Raniwahegaon. As has been held by the Honourable Apex Court in the case of Union of India Vs. Bal Ram and another ( cited supra), relied upon by the claimants, it would be unfair to discriminate between the ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 58 FA NO.2740/2016group land owners, to pay more to some and less to others when the purpose of acquisition is same and lands are identical and similar though lying in different villages. However, as has been observed by the Honourable Apex Court, in the case of Pal Singh Vs. Union of Territory of Chandigrah (AIR 1993 SC 225), there has to be evidence to find out how far the lands involved in the previous judgments would be comparable to the acquired lands if the compensation is to be determined relying upon the previous judgments or the awards in respect of the acquisition of the lands for the same project.
27. In the instant matter, though it is sought to be canvassed on behalf of the claimants that for Lower Dudhana Project the lands are acquired from three different talukas, and all the acquired lands are similar in quality and potentiality, no concrete evidence has been produced therefor except the oral testimony of the claimants. On perusal of the map produced on record by the claimants, it is revealed that there is considerable distance in between the village Revalgaon, Raniwahegaon and Deola. Further, no convincing evidence is brought ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 59 FA NO.2740/2016group on record so as to record a finding that the lands acquired from village Deola are similar in all respects with the lands acquired from village Raniwahegaon or village Mangrul or village Wanjola. In the circumstances, it does not appear to me that it would be proper and safe to rely upon the earlier judgments in respect of the lands acquired from village Mangrul or village Raniwahegaon or village Satona (Bk.)
28. The next question arises, to what extent the judgment in LAR No.448/2002 and LAR No.313/1997 can be useful for determining the market value of the lands which are subject matter in the present appeals since the lands in the aforesaid two decided Land Acquisition References were from village Deola. I have carefully perused the judgment of the Reference Court in LAR No.448/2002 with connected matters. While determining the amount of compensation of the lands involved in the said matter, the Reference Court has relied upon the earlier common judgment in LAR No.313/1997 pertaining to the acquisition of the lands from same village Deola for Lower Dudhana Project. In LAR No.313/1997, the ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 60 FA NO.2740/2016group Reference Court has determined the market value of the lands involved in the said Reference applications at the rate of Rs.1200/- per Are for non irrigated lands. The lands which were involved in LAR No.313/1997 with the connected matters were acquired vide Section 4 notification published in the Government Gazette on 4.3.1993, and the award under Section 11 was passed in those matters on 21st of August, 1997. The lands which were the subject matter of LAR No.448/2002 were admittedly acquired vide Section 4 notification dated 14th of July, 1995. The market value determined at the rate of Rs.1200/- per Are in LAR No.313/1997 was the market value as on 4th of March 1993 i.e. the date of issuance of Section 4 notification in the said matter. As per the law laid down by the Honourable Apex Court in the case of Jasarvinder Singh and ors ( cited supra), in normal course, the claimants shall be given benefit of notional increase in the market value of the acquired lands at the rate of 12 per cent per annum if the market value is to be determined on the basis of the earlier sale instances or the earlier judgments. In view of the law laid down in the aforesaid judgment, when the market value of the lands ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 61 FA NO.2740/2016group acquired vide notification issued on 4.3.1993 was determined at the rate of Rs.1200/- per Are for non irrigated lands by the Reference Court in LAR No.313/1997, with the connected matters, the market value of the lands acquired from the same village, vide Section 4 notification dated 14th of July, 1995, ought to have been determined by the Reference Court, in LAR No.448/2002, with the connected matters, by giving benefit of notional increase at the rate of 12 per cent per annum in the market price determined as on 4.3.1993 in LAR No.313/1997.
29. The lands which were the subject matter of LAR No.448/2002 were admittedly acquired 28 months after acquisition of the lands involved in LAR No.313/1997.
In LAR No. 313/1997, the market value as on 4.3.1993 was determined by the Reference Court at the rate of Rs.1200/- per Are. As such, by giving notional increase at the rate of 12 per cent per annum in the said price, the market value of the lands involved in LAR No.448/2002, must have been determined by the Reference Court reasonably at Rs.1500/- per Are. The concerned ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 62 FA NO.2740/2016group Reference Court, however, did not do the said exercise and determined the market value of the lands involved in the said matters acquired on 14th of July, 1995, at the same rate of Rs.1200/- as on 4.3.1993. The fact apart whether any appeal has been preferred against the judgment in LAR No.448/2002; the fact remains that the market value was not justly and properly determined in LAR No.448/2002.
ig It cannot be forgotten that a duty is enjoined on the Reference Court to determine the just and fair amount of compensation payable to the person whose land has been acquired for a public purpose.
30. The market value of the lands which are the subject matter of the present appeals has been admittedly determined by the Reference Court on the basis of the earlier judgment in LAR No.448/2002. In view of the fact that the lands which were the subject matter in LAR No.448/2002, with the connected matters, were acquired vide the same notification dated 14th July, 1995, for the same Lower Dudhana Project, and from the same village, apparently no fault can be found in the decision of the Reference Court of determining the market value of the ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 63 FA NO.2740/2016group lands on the basis of the said earlier judgment.
Nevertheless, however, as elaborately discussed by me here-in-above, the market value of the lands involved in LAR No.448/2002, with the connected matters, was not properly determined and the Court which decided the said Reference Applications had erred in not giving the notional increase at the rate of 12 per cent per annum in the market value as per the guidelines laid down by the Honourable Apex Court in the case of Jasarvinder Singh and ors (cited supra), while determining the market value on the basis of earlier judgment in LAR No.313/1997.
As further noted by me, the market value of the lands which were involved in LAR No.448/2002, with the connected matters, was liable to be fixed at the rate of Rs.1500/- per Are. To determine the amount of compensation of the lands acquired vide notification dated 14th July, 1995, at the rate at which the compensation was paid for the lands acquired vide notification dated 4.3.1993, was wholly unjust and improper. I reiterate that whether any appeal has been preferred against the judgment in LAR No.448/2002 or not, the fact remains that the market value was not justly and properly ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 64 FA NO.2740/2016group determined in the said Land Acquisition Reference. The mistake which was committed while determining the market value in LAR No.448/2002, with the connected matters, is recurred by the Reference courts in deciding the market value of the lands involved in the present appeals and it needs to be rectified. In view of the finding recorded by me that the market value of the lands involved in LAR No.448/2002 with the connected matters was liable to be fixed at the rate of Rs.1500/- per Are, I determine the market value of the lands involved in the present appeals at the same rate since the subject lands are acquired vide the same notification, for the same project and from the same village.
31. For the reasons recorded above, the appeals are partly allowed. The judgments and awards impugned in the present Appeals are modified to the extent that the respondents are made jointly and severally liable to pay compensation to the appellants at the rate of Rs.1500/-
per Are for non irrigated lands; Rs.2250/- per Are for seasonally irrigated lands; Rs.3000/- per Are for perennially irrigated lands and Rs.750/- per Are for ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 ::: 65 FA NO.2740/2016group Potkharab lands as categorized by the Reference Court in the respective awards. The statutory benefits awarded by the Reference Court are upheld and maintained.
32. As undertaken by them, the appellants shall not be entitled for the statutory benefits and interest in respect of the period of delay caused in filing the appeals by them.
Deficit Court fees, if any, be paid by the appellants. Civil Applications, if any, stand disposed of.
(P.R.BORA) JUDGE ...
AGP/group-reserved-2905-07fagr ::: Uploaded on - 06/02/2017 ::: Downloaded on - 07/02/2017 00:27:02 :::