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Bombay High CourtFA/613/2023disposed off

Shantabai Bhikari Patil (Died) Thr Lrs Pandharinath (Died) Thr Lrs Kamalbai And ORS v. The S.L.A.O. (I) U.T.P.H. Jalgaon And ANR

2023-11-02Hon'Ble Shri Justice Arun R. Pedneker13 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 FIRST APPEAL NO.1115 OF 2021 LILABAI DATTU PATIL (DIED) THR LRS MADHUKAR & OTHERS S.L.A.O (2) U.T.P.H JALGAON & ANOTHER Advocate for Appellants : Mr.A.B.Kale Advocate for Respondent no.2 : Mr.Darshan Pokharkar 927 FIRST APPEAL NO.3708 OF 2022 MANKARNABAI MADHUKAR SHEVALKAR THE STATE OF MAHARASHTRA & ANOTHER Advocate for Appellant : Mr.A.B.Kale Advocate for Respondent no.2 : Mr.V.V.Tarde 928 FIRST APPEAL NO.3930 OF 2022 KALABAI PRALHAD CHAUDHARI THE STATE OF MAHARASHTRA & ANOTHER Advocate for Appellant : Mr.A.B.Kale Advocate for Respondent no.2 : Mr.D.D.Pokharkar 931 FIRST APPEAL NO.4279 OF 2022 BHAGWAT KADU BAWASKAR

THE STATE OF MAHARASHTRA & ANOTHER Advocate for Appellant : Mr.A.B.Kale Advocate for Respondent no.2 : Mr.V.V.Tarde 932 FIRST APPEAL NO.612 OF 2023 RAMESH TAPIRAM CHAUDHARI & OTHERS COLLECTOR, JALGAON & OTHERS Advocate for Appellants : Mr.A.B.Kale Advocate for Respondent no.2 : Adv.Manjusha S.JagtapWare 933 FIRST APPEAL NO.616 OF 2023 WITH FIRST APPEAL NO.614/2023 WITH FIRST APPEAL NO.617/2023 WITH FIRST APPEAL NO.615/2023 WITH FIRST APPEAL NO.613/2023 MANDABAI SAMPAT DAMBRE (DIED) THR LRS SUKDEO AND ORS THE S.L.A.O. (1) U.T.P.H JALGAON AND ANR Advocate for Appellants : Mr.A.B.Kale AGP for Respondent-State : Ms.R.P.Gaur Advocate for Respondent no.2 in all FAs : Adv.S.D.Shelke 935 FIRST APPEAL NO.1855 OF 2023 WITH FIRST APPEAL NO.1853/2023 WITH FIRST APPEAL NO.1854/2023

RAVINDRA ATMARAM PATIL SPECIAL LAND ACQUISITION OFFICER, JALGAON U.T.P.H-1 Advocate for Appellant : Mr.A.B.Kale Advocate for Respondent no.2 in all FAs : Mr.D.D.Pokharkar 941 FIRST APPEAL NO.4147 OF 2023 WITH FIRST APPEAL NO.4152/2023 WITH FIRST APPEAL NO.4151/2023 WITH FIRST APPEAL NO.4150/2023 WITH FIRST APPEAL NO.4149/2023 WITH FIRST APPEAL NO.4154/2023 WITH FIRST APPEAL NO.4155/2023 WITH FIRST APPEAL NO.4156/2023 WITH FIRST APPEAL NO.4153/2023 WITH FIRST APPEAL NO.4157/2023 WITH FIRST APPEAL NO.4148/2023 PANDURANG SHANKAR PATIL SPECIAL LAND ACQUISITION OFFICER 1 UTPH JALGAON & ANOTHER Advocate for Appellants : Mr.A.B.Kale Advocate for Respondent no.2 : Mr.D.D.Pokharkar 942 CIVIL APPLICATION NO.7471 OF 2023 IN FAST/12758/2023 PARSHURAM RAJARAM PATIL THE SPECIAL ACQUISITION OFFICER UPPER TAPI IRRIGATIONPROJECT HATNOOR 2 JALGAON & ANOTHER

Advocate for Applicant : Mr.A.B.Kale AGP for Respondent-State : Ms.R.P.Gaur Advocate for Respondent no.2 : Mr.V.V.Tarde 957 CIVIL APPLICATION NO.6970 OF 2021 IN FAST/16462/2021 WITH FIRST APPEAL STAMP NO.16462 OF 2021 KAILAS BABURAO KUMBHAR THE S.L.A.O (1) UTPH JALGAON AND ANR Advocate for Applicant-appellant : Mr.A.B.Kale Advocate for Respondent no.2 : Mr.V.V.Tarde 958 CIVIL APPLICATION NO.6972 OF 2021 IN FAST/16467/2021 WITH FIRST APPEAL STAMP NO.16467 OF 2021 NARAYAN MADHAV CHAMBHAR THE S.L.A.O (1) UTPH JALGAON AND ANR Advocate for Applicant : Mr.A.B.Kale AGP for Respondent-State : Mr.K.N.Lokhande Advocate for Respondent no.2 : Mr.V.V.Tarde 959 CIVIL APPLICATION NO.6977 OF 2021 IN FAST/14905/2021 WITH FIRST APPEAL STAMP NO.14905 OF 2021

RAISING RAOJI NAIK (DIED) THR LRS PRAKASH AND ORS STATE OF MAHARASHTRA THR COLLECTOR, JALGAON AND ORS Advocate for Respondent no.3 : Mr.V.V.Tarde 960 CIVIL APPLICATION NO.6983 OF 2021 IN FAST/14915/2021 WITH FIRST APPEAL STAMP NO.14915 OF 2021 RAJARAM ZHIPARU CHAUDHARI (DIED) THR LRS LILABAI (DIED) THR LRS ANIL AND ORS THE STATE OF MAHARASHTRA AND ORS AGP for Respondent-State : Ms.R.P.Gaur Advocate for Respondent no.2 : Mr.R.A.Tambe 963 CIVIL APPLICATION NO.6988 OF 2021 IN FAST/14997/2021 WITH FIRST APPEAL STAMP NO.14997 OF 2021 WITH CA/6989/2021 IN FAST/15259/2021 WITH FIRST APPEAL STAMP NO.15259 OF 2021 PRADHAN MAHARU WANJARI THE S.L.A.O UTPH JALGAON AND ANR Advocate for Applicant : Mr.A.B.Kale AGP for Respondent-State : Ms.R.P.Gaur Advocate for Respondent no.2 : Mr.V.V.Tarde

964 CIVIL APPLICATION NO.6990 OF 2021 IN FAST/14978/2021 WITH FIRST APPEAL STAMP NO.14978 OF 2021 WITH CA/6991/2021 IN FAST/15210/2021 WITH FIRST APPEAL STAMP NO.15210 OF 2021 SHANTABAI TULSHIRAM PATIL (DIED) THR LRS LAXMAN AND ORS THE S.L.A.O., UTPH - 1 JALGAON AND ANR Advocate for Respondent no.2 : Mr.V.V.Tarde 966 CIVIL APPLICATION NO.7015 OF 2021 IN FAST/10158/2021 WITH FAST/10158/2021 WITH CA/7016/2021 IN FAST/10369/2021 WITH FAST/10369/2021 WITH CA/7011/2021 IN FAST/10371/2021 WITH FAST/10371/2021 WITH CA/7017/2021 IN FAST/10373/2021 WITH FAST/10373/2021 WITH CA/7014/2021 IN FAST/10375/2021 WITH FAST/10375/2021 WITH CA/7013/2021 IN FAST/10377/2021 WITH FAST/10377/2021 WITH CA/7010/2021 IN FAST/10380/2021 WITH FAST/10380/2021 WITH CA/7012/2021 IN FAST/10382/2021 WITH FAST/10382/2021 UTTAMCHAND KEWALCHAND JAIN

THE STATE OF MAHARASHTRA AND ANR AGP for Respondent-State : Ms.R.P.Gaur Advocate for Respondent no.3 in 7016/2021, 7014/2021, 7013/2021, 7010/2021, 7012/2021, 6992/2021 and 6993/2021 : Adv.Manjusha S.Jagtap - Ware Advocate for respondent no.3 in CA No.7015/2021 : Mr.V.V.Tarde 968 CIVIL APPLICATION NO.7027 OF 2021 IN FAST/13392/2021 WITH FAST/13392/2021 WITH CA/7029/2021 IN FAST/13643/2021 WITH FAST/13643/2021 WITH CA/7028/2021 IN FAST/13649/2021 WITH FAST/13649/2021 GAYABAI SHANKAR KALE (DIED) THR LRS GUNTABAI THE STATE OF MAHARASHTRA AND ANR Advocate for Applicant : Mr.A.B.Kale Advocate for Respondent no.2 : Mr.D.D.Pokharkar 970 CIVIL APPLICATION NO.7032 OF 2021 IN FAST/11786/2021 WITH FAST/11786/2021 WITH CA/7033/2021 IN FAST/11960/2021 WITH FAST/11960/2021 ABJABAI KEVALCHAND JAIN (DIED) THR LRS KESARIMAL AND ORS THE COLLECTOR, JALGAON

Advocate for Respondent no.3 : Mr.V.V.Tarde 971 CIVIL APPLICATION NO.7130 OF 2021 IN FAST/13897/2021 WITH FAST/13897/2021 WITH CA/7132/2021 IN FAST/13943/2021 WITH FAST/13943/2021 WITH CA/7131/2021 IN FAST/13945/2021 WITH FAST/13945/2021 RAGHUNATH VITHOBA MAHAJAN (DIED) THR LRS KASTURABAI AND ORS THE S.L.A.O. (1) UTPH, JALGAON AND ANR Advocate for Respondent no.2 : Mr.V.V.Tarde 972 CIVIL APPLICATION NO.7134 OF 2021 IN FAST/11488/2021 WITH FAST/11488/2021 WITH CA/7136/2021 IN FAST/11644/2021 WITH FAST/11644/2021 WITH CA/7135/2021 IN FAST/11648/2021 WITH FAST/11648/2021 ISHWAR PRALHAD CHAUDHARY THE STATE OF MAHARASHTRA AND ANR Advocate for Applicant : Mr.A.B.Kale AGP for Respondent-State : Ms.R.P.Gaur Advocate for Respondent no.3 : Mr.V.V.Tarde

CIVIL APPLICATION NO. 7186 OF 2021 IN FAST/11536/2021 WITH FAST/11536/2021 WITH CA/7189/2021 IN FAST/11654/2021 WITH FAST/11654/2021 WITH CA/7190/2021 IN FAST/11660/2021 WITH FAST/11660/2021 KADU RAMU TEMKAR THE COLLECTOR, JALGAON Advocate for Applicant : Mr.A.B.Kale Advocate for Respondent no.3 : Mr.V.V.Tarde 974 CIVIL APPLICATION NO.7192 OF 2021 IN FAST/12827/2021 WITH FAST/12827/2021 WITH CA/7197/2021 IN FAST/13344/2021 WITH FAST/13344/2021 WITH CA/7193/2021 IN FAST/13347/2021 WITH FAST/13347/2021 PRAKASH KADU BAVISKAR (DIED) THR LRS SHANTABAI AND ORS THE STATE OF MAHARASHTRA AND ANR Advocate for Respondent no.2 : Mr.D.D.Pokharkar 982 CIVIL APPLICATION NO.3344 OF 2023 IN FAST/927/2023 WITH FAST/927/2023

FAKIRA TRAMBAK CHAUDHARI DIED THR LRS PADMABAI FAKIRACHAUDHARI AND ORS THE SPECIAL LAND ACQUISITION OFFICER-1 UPPER TAPI PROJECT HATNOOR, JALGAON AND ANR Respondent no.2 served.

984 CIVIL APPLICATION NO.9064 OF 2023 IN FAST/15545/2023 WITH FAST/15545/2023 EKNATH RAVAJI GAWANDE THE SPECIAL LAND ACQUISITION OFFICER-1 UPPER TAPI PROJECT HATNOOR JALGAON AND ANR AGP for Respondent-State : Ms.R.P.Gaur Advocate for Respondent no.2 : Mr.D.D.Pokharkar 986 CIVIL APPLICATION NO.9067 OF 2023 IN FAST/15541/2023 WITH FAST/15541/2023 WITH CA/9068/2023 IN FAST/15543/2023 WITH FAST/15543/2023 PANDURANG SUPADU CHINCHOLE DIED THR LRS RAVINDRA PANDURANG PATIL ( CHINCHOLE) AND ORS THE SPECIAL LAND ACQUISITION OFFICER-1 UPPER TAPI PROJECT HATNOOR JALGAON AND ANR

Advocate for Respondent no.2 : Mr.D.D.Pokharkar 988 CIVIL APPLICATION NO.10142 OF 2023 IN FAST/21026/2023 WITH FIRST APPEAL STAMP NO.21026 OF 2023 SITARAM SUPADU CHINCHOLE DIED THR LRS JIJABAI SITARAM CHINCHOLE & OTHERS THE SPECIAL LAND ACQUISITION OFFICER UTPH 1 JALGAON & ANOTHER Advocate for Respondent no.2 : Adv.Manjusha S. Jagtap - Ware CORAM : ARUN R. PEDNEKER, J.

DATE : 02.11.2023 P.C. :

1] Heard the learned counsel appearing for the parties.

2] Civil Application Nos.7471/2023, 9064/2023, 9067/2023, 9068/2023 and Civil Application No.10142/2023 are filed to condone delay in filing First Appeals. The learned counsel for the applicants submits that the claimants shall not claim any interest and statutory benefits for the delayed period.

3] For the reasons stated in the Civil Applications, the same are allowed subject to condition that the

applicants - claimants shall not claim interest and statutory benefits for the delayed period. Delay of 4804, 6490 and 6559 days is condoned. Civil Applications are disposed of accordingly. Appeals be registered.

4] Heard the learned counsel for the parties in the First Appeals.

5] The learned counsel for the appellants - original claimants. These matters can be disposed of in terms of the order dated 20.10.2023 passed in First Appeal No.3331 of 2023 and order dated 19.10.2023 passed in First Appeal No.5165 of 2017 along with connected matters. The learned counsel for the appellants has placed on record chart of all appeals and same is taken on record and marked as 'X-1' for identification purpose. 6] The learned counsel for the respondent - acquiring body has placed on record a letter dated 01.11.2023 issued by the Executive Engineer, Waghur Dharan Vibhag, Jalgaon whereby instructions are received that the amount of compensation be accepted at Rs.2,00,000/- for jirayat land, Rs.4,00,000/- for bagayat land and as far as trees are concerned, 80% of the valuation is accepted. The said letter is taken on record and same is marked as 'X-1' for identification purpose.

7] In terms of the order dated 20.10.2023 passed in First Appeal No.3331 of 2023 and order dated 19.10.2023 passed in First Appeal No.5165 of 2017 along with connected matters and also in view of the communication dated 01.11.2023, which is in conformity with the order dated 19.10.2023 passed in First Appeal No.5165 of 2017 and the submissions of the learned counsel appearing for the acquiring body, the following order is passed :

ORDER

i] The award of the Reference Court is modified to the extent of Bagayat land and the appellants are granted compensation of Rs.4 lacs per hectare to the Bagayat land and as far as trees are concerned, the claimants are entitled to receive compensation to the extent of 80% of the amount of the valuation report.

ii] Remaining compensation and interest would be worked out accordingly by the Executing Court. Other statutory benefits would also be worked out by the Executing Court.

iii] Award be modified accordingly. First Appeals are disposed of. All pending Civil Applications, if any, stand disposed of.

[ARUN R. PEDNEKER] JUDGE DDC