Bandu Nagorao Ghodke v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1516 OF 2021 Bandu S/o Nagorao Ghodke Age : Major, Occ : Agri., R/o village Kedarwakdi, Tq. Mantha, Dist. Jalna.

..APPELLANT (Orig. Claimants) -VERSUS1.

The State of Maharashtra Through the Collector, Jalna, having his office at Collector office, Jalna.

2.

The Special Land Acquisition Officer (MIW), Jalna.

3.

The Executive Engineer, Lower Dudhana Project Division, Selu, Dist. Parbhani.

Since this department is Abolished at present Jalna Irrigation Department, Jalna, Office at Motibagh, Jalna, Tq. & Dist. Jalna.

..RESPONDENTS (Original Respondents) ...

Mr.V.D. Bhise, advocate for the appellant.

Mr.N.T. Bhagat, AGP for respondent nos.1 and 2. Mr.N.U. Yadav, advocate for respondent no.3.

...

CORAM : S.G. DIGE, J.

DATE : 29th JUNE, 2022 PER COURT :- .

This appeal is directed against the judgment and order dated 3rd July, 2010 passed by the District Judge-2, Jalna in L.A.R. No. 39 of 2005.

2.

The appellant was the owner of land 2 H 96 R situated at village Kedarwakdi, Tq. Mantha, Dist. Jalna. The above land was acquired by the Government of Maharashtra for Lower Dudhna Project at Kedar Wakadi, Tq. Mantha, Dist. Jalna. The notification under section 4(1) of the Land Acquisition Act, (for short, "L.A. Act") was published on 14th July, 1995 and the award came to be passed on 22nd July, 1999. The Special Land Acquisition Officer (for short, "SLAO") has determined the market value of their lands at the rate of Rs.508/- per R. The total land admeasuring 2 H 96 R of the appellant was acquired for Lower Dudhana Project, Selu. The appellant had received the amount of compensation on 23rd March, 2000 under protest to the extent of Rs.1,58,267/- and Rs. 3,02,340 respectively. The award is not reasoned and not based on clear principles.

The amount of compensation awarded to the appellant is very meagre and insufficient. Hence the appellant had filed claim petition before the Reference Court for enhancement of amount of Rs.71,600/-, including Rs.2,000/- for one Bor tree and Rs.1,83,400/-, including Rs.50,000/- for well, Rs.5,000/- for one mango tree and Rs.10,000/- for five Bor trees respectively.

3.

The respondent nos.1 and 2 filed their written statement and denied the claim of the

appellant.

4.

Considering the evidence on record, the learned Reference Court has passed the judgment and award directing the respondents to pay the appellant/claimant in L.A.R. No.39/2005 the enhanced amount of compensation of Rs.1,18,400/- with interest @ 12% p.a. as a special component from the date of publication of notification under Section 4(1) of the L.A. Act i.e. 14th July, 1995 till the date of possession i.e. 31st August, 1995, along with 30% solatium on the difference of market value under section 23(2) of the L.A. Act. The respondents were also directed to pay interest on the above total amount @ 9% p.a. for the first year from the date of possession i.e. 31st August, 1996 to 30th August, 1996 and thereafter @ 15% p.a. till realization of entire amount under Section 28 of the L.A. Act. This first appeal is filed seeking enhancement of compensation.

5.

The learned counsel for the appellant submits that there were group of matters in connected with this matter. Those matters are settled before the Lok Adalat. The amount awarded in connected matters is 4th times to the amount awarded by the SLAO. Hence this appeal be decided as per the order passed in Lok Adalat.

6.

The learned counsel for respondent no.3 submits that this Court can pass the order as per the amount awarded in the matters settled in Lok Adalat i.e. 4th times of the amount awarded by the SLAO.

7.

Considering the submissions of both the learned counsel, I have perused the order passed in group of first appeals in Lok Adalat (Coram : V.L. Achliya, J) dated 28th July, 2020. By the said order, the group of matters are settled before Lok Adalat as per compromise arrived at between the appellant and respondents. As per the compromise memo, the amount is given 4th times more than the amount awarded by the SLAO.

Therefore, I pass the same order as this appeal is connected with the appeals settled before Lok Adalat. Hence, I pass the following order :-

ORDER

(i) The appeal is allowed.

(ii) The respondents shall pay the appellant the amount of Rs.2,032/- per R to acquired land as per the matters settled before the Lok Adalat. (iii) The respondents shall make calculation of total area of appellants land and shall deposit the said amount within 8 weeks before this Court.

(iv) The appeal is disposed of.

(S.G.DIGE, J.) SGA