Datta Eknath Manwatkar v. The Special Land Acquisition Officer, M.I.W. Jalna And ORS

2025:BHC-AUG:21785 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 4285 OF 2022 Datta Eknath Manwatkar, } Age : 34 years, Occu. : Agri., } R/o. Raniwahegaon, Tq. Partur, } Dist. Jalna.

} ... Appellant (Orig. Complainant)

Versus

1.

The Special Land Acquisition, } Officer, M.I.W., Jalna.

} The State of Maharashtra, } Through the Collector, Jalna.

} 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 ......

Mr.Deepak M. Kakade, Advocate for Appellant.

Mr. N. D. Batule, AGP for Respondent Nos.1 and 2. Mr. A. N. Gaddime, Advocate for Respondent No.3. ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 30 JULY 2025 PRONOUNCED ON : 12 AUGUST 2025 ORDER :

1.

Heard finally with the consent of both the sides at admission stage.

-2Present appeal is directed against the impugned judgment and award passed by the reference Court in reference proceedings. Heard Mr. Deepak M. Kakade, learned counsel for the appellant. Mr. N. D. Batule, learned AGP for respondent nos. 1 and 2. Mr. A. N. Gaddime, learned counsel for respondent no.3. 4.

Mr. Kakade, learned counsel for the appellant seeks leave to place on record the copy of order passed by this Court in First Appeal no.2767/2018 with connected matters, copy of judgment passed by the reference Court in L.A.R. no.718/2010, copy of judgment delivered in L.A.R. no.59/2002, copy of judgment delivered in L.A.R. No.937/2010 and the copy of judgment delivered in L.A.R. no. 59/2002 by the reference Court and the copy of order passed by this Court in civil application no. 7609/2015 in First Appeal (stamp) no. 17242/2014. 5.

Leave granted. The copies as referred above are taken on record and marked 'X' collectively for identification. 6.

It is submitted by Mr. Kakade, learned counsel for the appellant that First Appeal no. 2767/2018 arising out of same project, same group and notification is settled between the parties before the Lok Adalat held on 14.12.2019. He also invited my attention to the order passed by this Court (Coram : P.R. Bora, J.) in Civil Application No.7609/2015

-3in First Appeal (stamp) no. 17242/2014 dated 11.02.2019. He submitted that the acquiring body / appellant has withdrawn the appeal by accepting the rate of compensation, which are as under: (i) Rs. 2,500/- per R for dry land.

(ii) Rs. 3,750/- per R for semi Bagayat land.

(iii) Rs. 5,000/- per R for Bagayat land.

(iv) Rs. 1,250/- for pot kharab land.

7.

Mr. Kakade submitted that following First Appeals preferred by the acquiring body are withdrawn.

Sr.

No.

Name of Parties LAR No.

First appeal filed by acquiring body Status of first appeal Rate confirmed per R 1.

Dattatray Umaji Bidve Vs.

State of Maharashtra and others 718/2010 FA-2767/2018 Withdrawn by acquiring body Rs.2500/- per R Satyanarayan Umaji Bidve Vs. State of Maharashtra and others 937/2010 FA-2768/2018 Withdrawn by acquiring body Rs.2500/- per R Vaijinath Rangnath Manwatkar Vs. State of Maharashtra and others 59/2002 FA-17242/2014 Withdrawn by acquiring body Rs.2500/- per R 8.

Mr. Kakade submitted that this appeal can be disposed of in view of the above factual scenario and the rate of compensation accepted by the acquiring body.

-49.

Mr. A. N. Gaddime, learned counsel for the acquiring body fairly conceded this position and submitted that this appeal is arising out of same notification and group. Mr. Batule, learned AGP for respondent nos. 1 and 2 / State also fairly conceded the same. It is rightly pointed out by the learned counsel for the acquiring body that the reference Court has committed an error in awarding the interest under sections 28 and 34 of the Land Acquisition Act, 1894. It is pointed out that the reference Court ought to have awarded interest from the date of award in view of full bench judgment of this Court in case of The State of Maharashtra Vs. Kailash Shiva Rangari, 2016 (4) ALL MR 513.

10.

Having regard to the rate of compensation, which have been accepted by the acquiring body in above referred matters, this appeal can be disposed of on that basis. There is no need to discuss other grounds raised in the appeal.

O R D E R

(i) The appeal is partly allowed as under:

(a) The award passed in L.A.R. No. 54/2002 be modified as per the rate of compensation accepted by the acquiring body and discussed in para No.6 above. (b) The claimant shall be entitled to get the interest under Section 28 and 34 of the Land Acquisition Act, 1894 from the date of the award.

-5- (c) The claimant shall be entitled to get 12% interest per annum as a special component from the date of notification under Section 4(1) of the Act till the date of passing of award i.e. 06.10.2009 under Section 23(1A) of the Act.

(d) The claimant shall be entitled to get 30% solatium on the difference of market value under Section 23(2) of the Act.

(ii) The awards be modified accordingly.

(iii) No order as to costs.

(iv) R &P be sent back to the reference Court.

(v) The appeal is accordingly disposed of.

(ABHAY S. WAGHWASE, J.) Tandale