Bombay High Court
The State Of Maharashtra, Thr. ... vs Sakhubai Gangarao Adaskar (Dead) Thr. ... on 26 February, 2019
Author: A.S.Chandurkar
Bench: A.S.Chandurkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NOS.1300/2017, 976/2018, 1033/2018, 1260/2017,
1249/2017, 975/2018, 66/2019, 69/2018, 70/2018, 100/2018, 102/2018,
NO.296/2019, 295/2019,297/2019, 298/2019, 166/2016, 849/2015,804/2015,
820/2015, 827/2015, 926/2015 AND 854/2015
FIRST APPEAL NO.1300/2017
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, yavatmal,
Tq. And District Yavatmal. ..APPELLANTS
--Versus ---
Daulat Champat Palkate,
Aged about 60 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
FIRST APPEAL NO.976/2018
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, yavatmal,
Tq. And District Yavatmal. ..APPELLANTS
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--Versus ---
Tanba Champat Palkate,
Aged about 60 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
FIRST APPEAL NO.1033/2018
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. And District Yavatmal. ..APPELLANTS
--Versus ---
Shankar Gangaram Pawar,
Aged about 60 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
FIRST APPEAL NO.1260/2017
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. and District Yavatmal. ..APPELLANTS
--Versus ---
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Nishant Sudhakar Gaurkar,
Aged about 25 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
FIRST APPEAL NO.1249/2017
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. And District Yavatmal. ..APPELLANTS
--Versus ---
Saraswati Champat Palkate,(Dead) through Lrs.
1. Daulat Champat Palkate,
Aged about 45 years, Occupation Agriculturist
2.Tanba Champat Palkate,
aged about 50 years, Occupation Agriculturist
occupation : Agriculturist,
Both R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENTS
FIRST APPEAL NO.975/2018
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. and District Yavatmal. ..APPELLANTS
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--Versus ---
Chandrabhaga Hanumant Shinde,
Aged about 55 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
FIRST APPEAL NO.66/2019
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. and District Yavatmal. ..APPELLANTS
--Versus ---
Sakhubai Gangaram Adaskar (dead through Lrs)
1. Shri Ghanshyam Gangaram Adaskar (son)
Aged about 43 years,
2. Shri Ramkrushna Gangaram Adaskar(son)
Aged about 40 years.
3. Smt.Anusaya Shamrao Sontakke(Daughter)
Aged about 50 years.
4 Smt. Kamlabai Babarao Sonale (Daughter)
Aged about 48 years.R/o.Ballarpur, Tq.Kelapur, Dist.Yavatmal.
5. Smt. Leelabai laxman Jungre (Daughter)
Aged about 45 years.
All R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENTS
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FIRST APPEAL NO.69/2018
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. and District Yavatmal. ..APPELLANTS
--Versus ---
Hanumant Pandurang Shinde,
Aged about 60 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
FIRST APPEAL NO.70/2018
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. and District Yavatmal. ..APPELLANTS
--Versus ---
Kausalyabai Tukaram Adaskar,
Aged about 60 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
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FIRST APPEAL NO.100/2018
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. and District Yavatmal. ..APPELLANTS
--Versus ---
Dipak Ganpat Misewar,
Aged about 28 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
FIRST APPEAL NO. 102/2018
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. and District Yavatmal. ..APPELLANTS
--Versus ---
Chintaman Govinda Virulkar,
Aged about 65 years,
occupation : Agriculturist,
R/o Borgaon, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
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FIRST APPEAL NO.296/2019
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. and District Yavatmal. ..APPELLANTS
--Versus ---
Renuka Shantaram Kunchalwar,
Aged about 35 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
FIRST APPEAL NO.295/2017
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. and District Yavatmal. ..APPELLANTS
--Versus ---
Shobhabai Sudhakar Gourkar,
Aged about 65 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
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FIRST APPEAL NO.297/2019
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. and District Yavatmal. ..APPELLANTS
--Versus ---
Maroti Hanumant Shinde,
Aged about 35 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
FIRST APPEAL NO.298/2019
1. The State of Maharashtra,
Through the Collector,
Yavatmal.
2. Special Land Acquisition officer,
Minor Irrigation Works, Yavatmal.
Tq. And District Yavatmal.
3. Executive Engineer,
Minor Irrigation Works, Yavatmal,
Tq. and District Yavatmal. ..APPELLANTS
--Versus ---
Prashant Sudhakar Gourkar,
Aged about 30 years,
occupation : Agriculturist,
R/o Wanjari, Tq. Kelapur, Dist. Yavatmal. RESPONDENT
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Shri M.A.Kadu, AGP for appellants in all these appeals
Shri D.A.Sonwane, Advocate for respondent sole in all these appeals.
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FIRST APPEAL NO.166/2016
Renuka Shantaram Kunchalwar
Age : 30 Years, Occ.: Agriculturist
R/o Wanjari, Tq. Kelapur, Distt. Yavatmal .. APPELLANT
--Versus ---
1. Govt. of Maharashtra,
through the Collector, Yavatmal
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Yavatmal
Distt. Yavatmal, Distt. Yavatmal
3. Executive Engineer, Minor Irrigation Works,
Yavatmal, Distt. Yavatmal ..RESPONDENTS
FIRST APPEAL NO.849/2015
Prashant S/o Sudhakar Gaurkar
Age : 33 Years, Occ.: Agriculturist
R/o Wanjari, Tq. Kelapur, Distt. Yavatmal .. APPELLANT
--Versus ---
1. Govt. of Maharashtra,
through the Collector, Yavatmal
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Yavatmal
Distt. Yavatmal, Distt. Yavatmal
3. Executive Engineer, Minor Irrigation Works,
Yavatmal, Distt. Yavatmal ..RESPONDENTS
FIRST APPEAL NO.804/2015
Shobhatai Sudhakar Gaurkar,
Age : 69 Years, Occ.: Agriculturist
R/o Wanjari, Tq. Kelapur, Distt. Yavatmal .. APPELLANT
--Versus ---
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1. Govt. of Maharashtra,
through the Collector, Yavatmal
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Yavatmal
Distt. Yavatmal, Distt. Yavatmal
3. Executive Engineer, Minor Irrigation Works,
Yavatmal, Distt. Yavatmal ..RESPONDENTS
FIRST APPEAL NO.820/2015
Nishant s/o Sudhakar Gaurkar,
Age : 30 Years, Occ.: Agriculturist
R/o Wanjari, Tq. Kelapur, Distt. Yavatmal .. APPELLANT
--Versus ---
1. Govt. of Maharashtra,
through the Collector, Yavatmal
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Yavatmal
Distt. Yavatmal, Distt. Yavatmal
3. Executive Engineer, Minor Irrigation Works,
Yavatmal, Distt. Yavatmal ..RESPONDENTS
FIRST APPEAL NO.827/2015
Chandrabhaga Hanumant Shinde,
Age : 59 Years, Occ.: Agriculturist
R/o Wanjari, Tq. Kelapur, Distt. Yavatmal .. APPELLANT
--Versus ---
1. Govt. of Maharashtra,
through the Collector, Yavatmal
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Yavatmal
Distt. Yavatmal, Distt. Yavatmal
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3. Executive Engineer, Minor Irrigation Works,
Yavatmal, Distt. Yavatmal ..RESPONDENTS
FIRST APPEAL NO.926/2015
Hanumant S/o Pandurang Shinde,
Age : 64 Years, Occ.: Agriculturist
R/o Wanjari, Tq. Kelapur, Distt. Yavatmal .. APPELLANT
--Versus ---
1. Govt. of Maharashtra,
through the Collector, Yavatmal
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Yavatmal
Distt. Yavatmal, Distt. Yavatmal
3. Executive Engineer, Minor Irrigation Works,
Yavatmal, Distt. Yavatmal ..RESPONDENTS
FIRST APPEAL NO.854/2015
Maroti S/o Hanumant Shinde,
Age : 64 Years, Occ.: Agriculturist
R/o Wanjari, Tq. Kelapur, Distt. Yavatmal .. APPELLANT
--Versus ---
1. Govt. of Maharashtra,
through the Collector, Yavatmal
2. The Special Land Acquisition Officer,
Minor Irrigation Works, Yavatmal
Distt. Yavatmal, Distt. Yavatmal
3. Executive Engineer, Minor Irrigation Works,
Yavatmal, Distt. Yavatmal ..RESPONDENTS
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Shri D.A.Sonwane, Advocate for appellant in all these appeals.
Shri M.A.Kadu, AGP for respondents in all these appeals
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CORAM : A.S.CHANDURKAR J.
DATED : 26.02.2019
ORAL JUDGMENT
1. As identical appeals are taken up for hearing with the consent of the learned counsel for the parties, the First Appeal Nos.295/2019, 296/2019, 297/2019 and 298/2019 are also taken up for hearing after admitting the same.
2. Since all these appeals arise out of acquisition of lands from village Wanjari, Tq.Kelapur, District Yavatmal that were acquired for Wanjari Project, they are being decided together by this common judgment.
3. Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 13.09.2007, seeking to acquire various lands from village Wanjari. The Land Acquisition Officer passed his award on 25.03.2007 and granted compensation @ Rs.34,519.89 per acre. The land owners filed reference proceedings and by the impugned judgment, the Reference Court has enhanced the amount of compensation to Rs. 1,00,000/- per acre.
4. First Appeals bearing Nos.1300/2017, 66/2019, 69/2018, 70/2018, 100/2018, 102/2018, 975/2018, 976/2018, 1033/2018, 1260/2017, 1249/2017, 295/2019, 296/2019, 297/2019 and 298/2019 have been filed by the State of Maharashtra seeking to ::: Uploaded on - 01/03/2019 ::: Downloaded on - 21/03/2019 20:49:23 ::: 13 FA1300..09 + others(j) challenge the compensation as awarded by the Reference Court. First Appeal bearing Nos. 849/2015, 166/2016, 854/2015, 820/2015, 926/2015, 827/2015 and 804/2015 have been filed by the claimants seeking enhancement in the amount of compensation.
5. Shri D.A.Sonwane, learned counsel for the appellants/claimants seeking enhancement in the amount of compensation submitted that though the claimants had placed on record various sale instances to justify the prayer for enhancement, the said sale instances have not been taken into consideration by the Reference Court. Referring to the sale instances at Exhibits 23 and 25 in First Appeal No.849 of 2015, it was submitted that as per sale deed at Exhibit 23, land admeasuring 2H 54 R from Gat No.57 was sold for Rs.10,00,000/- and the rate per acre came to Rs.1,57,480/-. The said land was situated at Mouza Varha, Tq. Kelapur, District Yavatmal and the said sale transaction was dated 16.02.2005. The said village was near village Wanjari and hence that sale deed was a relevant piece of evidence. He further submitted that at Exhibit 25 another sale transaction between the State Authorities and the land owner took place on 20.06.2008 wherein the land admeasuring 1 H 98 R from Gat No.32/3 of village Wanjari was sold for Rs.5,95,610/. It was thus submitted that the rate of land per acre would come to Rs.1,20,000/- and hence this piece of evidence was also relevant for considering the prayer for enhancement. It was thus submitted that by properly appreciating this evidence on record, the claimants were entitled for higher compensation.
6. On the other hand, Shri M.A.Kadu, learned Assistant Government Pleader for State submitted that the compensation as enhanced by the Reference Court was on higher ::: Uploaded on - 01/03/2019 ::: Downloaded on - 21/03/2019 20:49:23 ::: 14 FA1300..09 + others(j) side without sufficient evidence in that regard. He submitted that the sale instance at Exhibit 23 was of a different village which was at a distance from the acquired lands. Similarly, the sale instance at Exhibit 25 was a post notification sale deed, which was rightly not considered by the Reference Court. It was thus submitted that the compensation as enhanced by the Reference Court was liable to be reduced.
7. In view of aforesaid submissions, the following point arises for consideration:
Whether the judgment of the Reference Court deserves to be interfered with ?
8. I have heard learned counsel for the parties at length and with their assistance I have perused the record of the case. For the sake of convenience, the evidence that was led in L.A.C. No.95/2010 is being referred to. The claimant examined himself at Exhibit 14 and he has referred to the aforesaid two sale instances. The sale instance at Exhibit 23 is with regard to land from village Varha but the same is not very adjacent to the acquired lands. Map in that regard at Exhibit 32 indicates its location in comparison with village Wanjari. The rate of the said land is Rs.1,57,480/- per acre. As regards the sale instance at Exhibit 25 is concerned, the same pertains to village Wanjari. The Rural Development Department of State of Maharashtra had purchased Gat No.32/3 ad-measuring 1 H 98 R for consideration of Rs.5,95,610/-. This transaction is dated 20.06.2008 which is a post notification transaction. In the said sale-deed, it has been specifically stated that the amount of consideration includes all statutory benefits that are admissible under the provisions of the said Act. In other words, the amount of solatium and interest is included in the total amount of consideration. The rate per acre comes to Rs.1,20,000/-. In view of ::: Uploaded on - 01/03/2019 ::: Downloaded on - 21/03/2019 20:49:23 ::: 15 FA1300..09 + others(j) the fact that this transaction is from the same village but is a post notification transaction, it could be seen that the enhancement as granted by the Reference Court at the rate of Rs.1,00,000/- per acre is reasonable compensation not warranting any reduction or increase. As the sale instance of the same village is available at Exhibit 25, the sale instance at Exhibit 23 is not found relevant for consideration in this adjudication. It is also to be noted that the sale instance at Exhibit 25 specifically refers to the said land as irrigated land. It is thus found that the Reference Court by taking an overall view of the matter has rightly awarded compensation @ Rs.1,00,000/- per acre.
Reliance can also be made to the Government Resolution dated 3 rd November, 2016 wherein the policy decision has been taken in matters where the enhancement by the Reference Court does not exceed four times the compensation awarded by the Land Acquisition Officer. Even on this count the enhancement granted by the Reference Court is reasonable and same does not deserve to be modified. The point as framed is accordingly answered by holding that the judgment of the Reference Court does not deserve to be interfered with.
9. As a consequence, the following order is passed :
(i) The judgment of the Reference Court in all the reference proceedings stands confirmed. It is held that the enhancement granted by the Reference Court at the rate of Rs.1,00,000/- per acre is reasonable. That amount is payable with all statutory benefits.
(ii) In the appeals where the Acquiring Body has deposited the amount of compensation, the claimants are free to withdraw the said amount with accrued interest.::: Uploaded on - 01/03/2019 ::: Downloaded on - 21/03/2019 20:49:23 :::
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(iii) In the proceedings where the amount of compensation is yet to be deposited, the same be accordingly deposited within three months in this Court from today. On such deposit, the claimants would be at liberty to withdraw the amount of compensation.
(iv) As a result, all the first appeals stand dismissed with no orders as to costs. All pending civil applications also stand disposed of.
JUDGE Andurkar ::: Uploaded on - 01/03/2019 ::: Downloaded on - 21/03/2019 20:49:23 :::