Chandrashekhar Javarilal Raka v. The Collector, Jalgaon And ORS
2024:BHC-AUG:24962 {1} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD FIRST APPEAL NO.729 OF 2017 Ramrao Onkar Patil APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.735 OF 2017 Narayan Ramdayal Lathi APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.765 OF 2017 Fakira Shamrao Chaudhari & Others APPELLANTS
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.805 OF 2017 Chandrashekhar Javarilal Raka APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.904 OF 2017 Paras Javerilal Raka APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.583 OF 2017 Ramesh Indarchand Jain and Others APPELLANTS
{2}
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.632 OF 2017 Mainabai Rajaram Patil APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.634 OF 2017 Sunanda Sanjay Patil APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.584 OF 2017 Ratanlal Shivnath Jain APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.582 OF 2017 Rajendra Dalsing Patil APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.728 OF 2017 Lilabai Kevalchand Jain APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.766 OF 2017
{3} Samadhan Fakira Chaudhari APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.767 OF 2017 Narendra Fakira Choudhari APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.1905 OF 2015 Bhimrao Damu Patil APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.1906 OF 2015 Babita Sanjiv Dawala and Others APPELLANTS
VERSUS
The Collector, Jalgaon and Others RESPONDENTS AND FIRST APPEAL NO.633 OF 2017 Anil Ramrao Patil APPELLANT
VERSUS
The Collector, Jalgaon and Others RESPONDENTS .......
Mr. Ajeet B. Kale, Advocate for the appellants Mr. D. J. Patil, Mr. R. B. Dhaware and Mr. R. D. Raut, AGPs for respondent - State Mr. V, V. Tarde, Mrs. Manjusha S. Jagtap - Ware, Mr. Shivraj K. Kadu, Advocates for acquiring body .......
{4} [CORAM : NITIN B. SURYAWANSHI, J.] DATE : 15 th OCTOBER, 2024 ORDER :
1.
These first appeals are filed by the claimants seeking enhancement of compensation. Lands of the claimants are acquired for M. I. Tank, Moygaon / Londhari, Taluka Jamner, District - Jalgaon . Notification under section 4 of the Land Acquisition Act was published on 29th August, 2005 and Award was declared by the Special Land Acquisition Officer on 20th October, 2008. Being aggrieved by the inadequate compensation, awarded by the Special Land Acquisition Officer, the claimants filed following references :
S.
N.
Name First Appeal No.
LAR No Area acquired Ramrao Onkar Patil 7 R Narayan Ramdayal Lathi 52R Fakira Shamrao Chaudhari & Others 4 H 10 R, 2 R PK Chandrashekhar Javarilal Raka 805 of 2017 1 H 53 R Paras Javarilal Raka 92 R & 80 R Ramesh Indarchand Jain 3 H 53 R and 2 H 91 R and 11 R PK Mainabai Rajaram Patil 1 Hectare Sunanda Sanjay Patil 1 H 3 R
{5} Ratanlal Shivnath Jain 74 R Rajendra Dalsing Patil 83 R and 71 R PK Lilabai Kevalchand Jain 4 H 53 R & 27 R PK Samadhan Fakira Chaudhari 1 H 50 R Narendra Fakira Choudhari 1 H 50 R Bhimrao Damu Patil 4 H 10 R & 2 R PK Babita Sanjiv Dawala & Others 1906 of 2015 95 R & 5 R PK Anil Ramrao Patil 1 H and 6 R PK 2.
Reference Court partly allowed the references and enhanced the compensation. However, the claimants being dissatisfied with the enhancement awarded by the Reference Court, have filed present first appeals.
3.
Heard learned advocate for the appellants - claimants, learned advocates for the acquiring body and learned AGPs for the State. Perused the documents placed on record. 4.
Admittedly, similarly situated claimants, whose lands were acquired for the same project, in the same acquisition process, filed LAR Nos. 892 of 2013, 893 of 2013, 894 of 2013, 895 of 2013, 896 of 2013, 897 of 2013, 898 of 2013, 899 of 2013, 900 of 2013, 901 of 2013 and 902 of 2013, which are partly allowed by the Reference Court, vide Judgment and Award dated 23rd
{6} April, 2018, thereby awarding compensation @ Rs.12,00,000/- per Hectare for irrigated lands, Rs.6,00,000/- per Hectare for Jirayat land and Rs. 3,00,000/- per Hectare for Pot Kharab land. 5.
Learned advocates, representing respective acquiring bodies, have agreed to the rates awarded by the Reference Court in LAR No. 892 of 2013 and connected matters. Chart of present First Appeals, signed by learned advocates representing the respective parties, is placed on record and the same is marked "X' for the purpose of identification.
6.
In view of the aforesaid admitted position on record and since the appellants - claimants are similarly situated like that of claimants in LAR No. 892 of 2013 and connected matters, on the ground of parity also, they are entitled for similar compensation. Hence, the following order:
ORDER
A.
First Appeals are partly allowed with proportionate costs. B.
Appellants - Claimants be paid following compensation : I.
For irrigated land, @ Rs.12,00,000/- per Hectare. II.
For Jirayat land @ Rs.6,00,000/- per Hectare III.
For Pot Kharab @ Rs.3,00,000/- per Hectare IV.
Value of fruit bearing trees @ 80% of the valuation
{7} report submitted in the Reference Court.
C.
The above compensation be paid along with statutory benefits.
D.
Rest of the Award is maintained.
[NITIN B. SURYAWANSHI] JUDGE drp/fa729-17.doc