The State Of Mah'Tra v. Govind Ganesh Mali And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.493 OF 1998 The State of Maharashtra through the Special Land Acquisition Officer, Irrigation, No.1-Nashik ...Appellant
Versus
Smt. Sonubai Mahadu Mali and Ors.
...Respondents
WITH FIRST APPEAL NO.498 OF 1998 The State of Maharashtra through the Special Land Acquisition Officer, Irrigation, No.1-Nashik ...Appellant
Versus
Jayaram Khanderao Dhokale
...Respondent
WITH FIRST APPEAL NO.499 OF 1998 The State of Maharashtra through the Special Land Acquisition Officer, Irrigation, No.1-Nashik ...Appellant
Versus
Suresh Rambhau Dokhale
...Respondent
WITH FIRST APPEAL NO.500 OF 1998 The State of Maharashtra through the Special Land Acquisition Officer, Irrigation, No.1-Nashik ...Appellant
Versus
Govind Ganesh Mali and Ors.
...Respondents
WITH FIRST APPEAL NO.502 OF 1998 1/5
The State of Maharashtra through the Special Land Acquisition Officer, Irrigation, No.1-Nashik ...Appellant
Versus
Bhika Punja Mali (Lahitkar) since deceased through his legal heirs:-
1. Shankar Bhikaji Mali (Lahitkar and Ors.
...Respondents
WITH FIRST APPEAL NO.508 OF 1998 The State of Maharashtra through the Special Land Acquisition Officer, Irrigation, No.1-Nashik ...Appellant
Versus
Lahanu Sitaram Mali and Anr.
...Respondents
WITH FIRST APPEAL NO.509 OF 1998 The State of Maharashtra through the Special Land Acquisition Officer, Irrigation, No.1-Nashik ...Appellant
Versus
Sou. Suman Sampatrao Patil (Deavange)
...Respondent
...
Ms Tanaya Goswami, AGP for the Appellant.
Mr. Nikhil Pujari i/b. Mr. P.N. Joshi for the Respondents. CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 18th NOVEMBER, 2022.
P. C. :- 1.
These appeals under Section 54 of the Land Acquisition Act, 1894 are filed by the Appellant-State assailing common judgment 2/5
dated 27/08/1996 in Land Reference No. 242 of 1989 and other group matters. By the impugned Judgment, the Reference Court has enhanced the compensation to Rs.40,000/- in respect of Jirayat land and Rs.60,000/- in respect of Bagayat land.
2.
The records reveal that the State Government had acquired land from village-Khedgaon village, Talua Dindori, District-Nashik for construction of Ozharkhed canal. Notification under Section 4 of the Act was published on 26/11/1986. The Land Acquisition Officer classified the land in four groups and awarded compensation of Rs.1,250/- per hector for Group 1-Jirayat land, Rs.14,500/- per hector for Group III and Rs.15,500/- per hector for Group-IV Bagayat land. Not being satisfied with the quantum of compensation awarded by the Land Acquisition Officer, the Respondents -Claimants filed Reference under Section 18 of the Land Acquisition Act. 3.
The Reference Court relied upon the Judgment and Award in Land Reference No.224 of 1989 dated 05/07/1996 (Exhibit-15) and enhanced the compensation to Rs.60,000/- per hector in respect of Bagayat land and Rs.40,000/- per hector in respect of Jirayat land. The Appellant-State has challenged this judgment in these appeals. 3/5
4.
Heard Ms Tanaya Goswami, learned AGP for the AppellantState and Mr. Nikhil Pujari, learned counsel for the RespondentsClaimants. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. 5.
The details of the acquired land, subject matter of these appeals are as under:
F.A. No.
L.A.R. No.Gat No.
Area Type of land Compensati on Awarded by SLAO @ Rs.1250/- PH @ Rs.14500/ - PH.
Total Additional Compensatio n.
493/1998 242/1989 715 5H.15R& 0.5R PK Bagayat Rs.6,438/- Rs.6 Rs.74,675 /- Rs.73/- Rs.1,42,679/ - 498/1998 234/1989 671 6R Jirayat Rs.75/- Rs.870/- Rs.6,289/- 499/1998 230/1989 539 0.17R Jirayat Rs.3/- Rs.25 Rs.16,866/- 500/1998 232/1989 60 120R Jirayat Rs.250/- Rs.2900/-Rs.25,379/- 502/1998 236/1989 616 27R Jirayat Rs.338/- Rs.3,915/-Rs.26,778/- 508/1998 243/1989 617 25R Jirayat Rs.313/- Rs.3625/-Rs.24,809/- 509/1998 244/1989 736 0.9R Jirayat Rs.11/- Rs.131 Rs.9,433/- 6.
The records reveal that land under Gat No.715, which is the subject matter of the First Appeal No.493 of 1998 was Bagayat land whereas land, which is the subject matter of the other appeals is Jirayat land. The Reference Court has enhanced the compensation on the basis of the previous Judgment and Award dated 05/07/1996 in Land 4/5
Reference No.224 of 1989, which has attained finality. It is not in dispute that the Land Reference No.224 of 1989 was in respect of the land acquired from the same village by the same Notification and for the same purpose. The Reference Court, in my considered view has not committed any error in relying upon the said judgment in determining market rate of the said acquired land. The impugned judgment does not suffer from any illegality or infirmity and hence does not warrant interference. Accordingly, the appeals are dismissed. (SMT. ANUJA PRABHUDESSAI, J.) MEGHA S PARAB by MEGHA S PARAB Date:
2022.12.01 16:57:49 +0530 5/5