Bombay High Court
Bhimrao Hanumantrao Rampure ... vs The State Of Maharashtra ... on 11 February, 2016
Author: T.V. Nalawade
Bench: T.V. Nalawade
FA No. 656/01 & Ors.
1
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
FIRST APPEAL NO. 656 OF 2001
Ishwarrao s/o. Venkatrao Surnar,
Age 32 years, Occu. Agril.,
R/o. Gaudgaon, Tq. Kandhar,
Dist. Nanded. ....Appellant.
(Ori. Claimant)
Versus
The State of Maharashtra
(Through Collector Nanded.)
ig ....Respondent.
(Ori. Respondent)
WITH
FIRST APPEAL NO. 1324 OF 2006
Sonba s/o. Laxman Waghmare,
Age 50 years, Occu. Agril.,
R/o. Gaudgaon, Tq. Kandhar,
Dist. Nanded. ....Appellant.
(Ori. Claimant)
Versus
The State of Maharashtra
(Through Collector Nanded.) ....Respondent.
(Ori. Respondent)
WITH
FIRST APPEAL NO. 2791 OF 2011
Pundlik s/o. Hullappa Waralwad,
Deceased through His L.Rs.
i) Smt. Dropadabai Pundlik Waralwad,
Age 80 years, Occu. Household,
R/o. Gaudgaon, Tq. Kandhar,
Dist. Nanded.
ii) Sow Anjanbai w/o. Vithal Rachmale,
Age 60 years, Occu. Household,
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FA No. 656/01 & Ors.
2
R/o. As above.
iii) Sow Chandrabhagabai Rajaram
Rachmale, Age 55 years,
Occu. Household, R/o. As above.
iv) Sow Rukhminbai w/o. Balaji Cheple,
Age 50 years, Occu. Household,
R/o. As above.
v) Sow Neelabai w/o. Suresh Bainwad,
Age 45 years, Occu. Household,
R/o. As above. ....Appellants.
(Add L.Rs. i to v)
Versus
The State of Maharashtra
(Through Collector Nanded.) ....Respondent.
(Ori. Respondent)
WITH
FIRST APPEAL NO. 3118 OF 2008
Devidas s/o. Gyanba Panchal,
Age 55 years, Occu. Agril.,
R/o. Gaudgaon, Tq. Kandhar,
Dist. Nanded. ....Appellant.
(Ori. Claimant)
Versus
The State of Maharashtra
(Through Collector Nanded.) ....Respondent.
(Ori. Respondent)
WITH
FIRST APPEAL NO. 938 OF 2007
1. Sadashiv s/o. Govindrao Deokate,
2. Madhav s/o. Govindrao Deokate,
3. Lalba s/o. Govindrao Deokate,
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FA No. 656/01 & Ors.
3
Above all Age Major, Occu. Agril.,
R/o. Tupadal (Kh.), Tq. Mukhed,
Dist. Nanded. ....Appellants.
(Ori. Claimant)
Versus
1. The State of Maharashtra
Through Collector Nanded.
2. The Special Land Acquisition
Officer, PT & MIW, Nanded. ....Respondents.
(Ori. Respondents)
ig WITH
FIRST APPEAL NO. 939 OF 2007
Bhimrao s/o. Hanmantrao Rampure,
since deceased through his L.R.
* Tejrao s/o. Bhimrao Rampure,
Age about 30 years, Occu. Agril.,
R/o. Tupadal (Kh.), Tq. Mukhed,
Dist. Nanded. ....Appellants.
(Ori. Claimant)
Versus
1. The State of Maharashtra
Through Collector Nanded.
2. The Special Land Acquisition
Officer, PT & MIW, Nanded. ....Respondents.
(Ori. Respondents)
WITH
FIRST APPEAL NO. 1437 OF 2007
Vishwanath Vithal Surnar,
Deceased through L.Rs.
1-a) Uttam s/o. Vishwanath Surnar,
Age 37 years, Occu. Service,
R/o. Andga, Tq. Loha, Dist. Nanded.
1-b) Sursh s/o. Vishwanath Surnar,
Age 35 years, Occu. Business,
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FA No. 656/01 & Ors.
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R/o. As above.
1-c) Ramesh Vishwanath Surnar,
Age 30 years, Occu. Business,
R/o. As above. ....Appellants.
(Add. L.Rs. 1a to 1c)
Versus
1. The State of Maharashtra
and others ....Respondents.
(Ori. Respondents)
Mr. M.M. Patil-Beedkar, Advocate for appellant.
Mr. A.R. Borulkar, AGP for respondent/State.
ig CORAM : T.V. NALAWADE, J.
DATED : 14th January, 2016.
JUDGMENT :
1) All the appeals are filed by original claimants to challenge the judgments and awards of the Reference Court.
They are filed for enhancement of compensation. Both the sides are heard.
2) The lands of the appellants/claimants were acquired for Uppar Manar Project of Gaudgon. Notification under section 4 of the Land Acquisition Act was published in official gazette on 24.11.1988. The Land Acquisition Officer had given the rate of Rs. 18,000/- per Hector for Jirayat land and Rs. 27,000/- per Hector for Bagayat land. In the references, the claimants had contended that the market price was much higher and they were ::: Uploaded on - 16/02/2016 ::: Downloaded on - 31/07/2016 04:46:32 ::: FA No. 656/01 & Ors.
5entitled to get enhancement of compensation.
3) The lands of the appellants/claimants are from village Gaudgaon. The learned counsel for appellants produced a copy of judgment delivered by this Court in First Appeal No. 428/1999 with connected matters dated 2.2.2015. This Court has carefully gone through the judgment delivered by this Court (other Hon'ble Judge). The judgment shows that sale instance of village Gaudgaon itself was considered and the rate of Rs.
36,750/- for dry land was given and rate of Rs. 73,500/- was given for Bagayat land. In view of this decision given by this Court, this Court holds that enhancement needs to be given in the present matters also and so, the following order:-
ORDER
(i) First Appeal No. 656/2001 is allowed. The rate of Rs.
36,750/- per Hector is given for dry land of which portion acquired is shown as 64 R. The rate of Rs. 73,500/- is given for Bagayat, irrigated land and the area of such acquired land is given as 3 Hectors 94 R. The calculation of the compensation needs to be made accordingly and the claimant is entitled to all the statutory benefits on this amount.
(ii) First Appeal No. 1324/2006 is allowed. The compensation is enhanced and as it is dry, Jirayat land, the rate ::: Uploaded on - 16/02/2016 ::: Downloaded on - 31/07/2016 04:46:32 ::: FA No. 656/01 & Ors.
6of Rs. 36,750/- per Hector is given in respect of the land acquired which is 77 R. portion of dry land. The claimant is entitled to all the statutory benefits on this amount.
(iii) First Appeal No. 2791/2011 is allowed. The compensation is enhanced. As entire area acquired viz. 1 H. 60 R. land is dry, Jirayat land, compensation is given at the rate of Rs. 36,750/- per Hector. The claimants are entitled to all the statutory benefits on this amount.
(iv) First Appeal No. 3118/2008 is allowed. The compensation is enhanced and the rate of Rs. 36,750/- per Hector is given in respect of entire portion of 2 Hector 80 R. as this land is dry, Jirayat land. This claimant is also entitled to all the statutory benefits on this amount.
(v) Above all judgments are modified accordingly.
(vi) First Appeal Nos. 938/2007, 939/2007 and 1437/2007 are to be segregated from this group and they are to be listed for final hearing on 11.2.2016.
[ T.V. NALAWADE, J. ] ssc/ ::: Uploaded on - 16/02/2016 ::: Downloaded on - 31/07/2016 04:46:32 :::