Ahilyabai Jayram Chaudhari Died Thr Lrs Shriram And ORS v. The Special Land Acquisition Officer, Jalgaon And Another

2025:BHC-AUG:33147 1 FA1321.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

FIRST APPEAL NO. 1321 OF 2017 1.

Ahilyabai Jayram Patil/Chaudhari (Died), Through her Heirs:

1a.

Shriram Jayram Patil/Chaudhari Age: 56 years, Occu. - Agriculture 1b.

Sambhaji Jayram Patil/Chaudhari Age: 54 years, Occu. Agriculture, 1c.

Shantaram Jayram Patil/Chaudhari, Age: 50 years, Occu. Agriculture, All R/o. Chinchkheda, Tq. Jamner, Dist. Jalgaon.

...Appellants

Versus

1.

The Special Land Acquisition Officer, Upper Tapi Project Hatnoor-2, Jalgaon.

2.

The Executive Engineer, Waghur Project Division, Jalgaon.

...Respondents

[Ori. Respondent] ........

Mr. H. P. Kshirsagar - Advocate for the Appellants Mr. B. A. Shinde - AGP for Respondent / State Mr. V. V. Tarde - Advocate for Respondent No. 2 ........

CORAM : NEERAJ P. DHOTE, J.

RESERVED ON : 11TH NOVEMBER, 2025 PRONOUNCED ON : 02ND DECEMBER, 2025 Final Order : - 1.

This is the Appeal under Section 54 of the Land Acquisition Act, 1894, [for short 'L.A. Act'] by the Original Claimant for enhanced compensation for acquisition of her land out of Gut No. 170/1,

2 FA1321.2017.odt ad measuring 3 Hector 59 Are situated at village Chinchkheda, Tq. Jamner, Dist. Jalgaon, for the Upper Tapi Hatnoor Project, Waghur. 2.

It is submitted by the learned Advocate for the Appellant that, this Court in connected Appeals, by order dated 13th February, 2024, granted the rate of Rs. 4,00,000/- per Hectare to the Bagayat land to the similarly placed Claimants, whose lands were acquired for the same Project in the same acquisition proceedings. It is submitted that the land of the Appellant was Bagayat, as Well was shown in the 7/12 extract and the Banana trees were also shown. Therefore, the Appellant be granted the said rate as granted to the other Claimants in the above referred Appeals.

3.

The learned Advocate for the Acquiring Body do not dispute the said decision of this Court deciding the rate of Rs. 4,00,000/- per Hectare for the irrigated land for acquisition for the said Project. He submits that, the evidence on record show that the Appellant's land was Jirayat, and therefore, the rate of Bagayat land cannot be granted to the Appellant. He submits that, the enhanced rate for Jirayat land i.e. half rate of the Bagayat land, be granted to the Appellant. 4.

The evidence led by the Appellant show that there is clear admission in the Cross-examination that the Appellant's acquired land

3 FA1321.2017.odt was Jirayat land and in the 7/12 extract, there is reference of the crops such as, Hybrid Jowar, Cotton and Groundnut. The learned Reference Court has considered the Appellant's land as Jirayat and granted the compensation. The above referred decision dated 13th February, 2024 passed by this Court in group of Appeals is based on the decision dated 2nd November, 2023 of this Court in group of Appeals, which, admittedly, are from the said acquisition. Paragraph No. 6 from the decision dated 2nd November, 2023 in First Appeal Nos. 1115 of 2021 and several connected Appeals, reads as under : - "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."

5.

As the learned Advocate for the Acquiring Body do not dispute the aforesaid aspect, this Appeal is disposed off in terms of the said order by granting the rate of Rs. 2,00,000/- per Hectare for the Jirayat land of the Appellant and 80% of the amount of the valuation report in respect of the trees, if any. Hence, I pass the following order: - "ORDER [i] The Judgment and Award of the learned Reference Court i.e. Joint Civil Judge Senior Division, Jalgaon, in LAR

4 FA1321.2017.odt No.916 of 2005, is modified to the extent that the Appellant would be entitled for the compensation of Rs. 2,00,000/- [Rupees Two Lakh] per Hectare for the Jirayat land and 80% of the amount of the valuation report in respect of the trees.

[ii] In view of the above, the amount of compensation with interest and the statutory benefits be worked out by the Executing Court by taking into consideration the order passed, if any, while condoning the delay in respect of computing the interest and the statutory benefits. [iii] The Award stands modified accordingly.

[iv] The Appellant shall pay the Court fees on the enhanced compensation, if any.

[v] All the pending Civil Applications, if any, stand disposed off. [vi] The First Appeal stands disposed off accordingly. [vii] R&P be sent back to the learned Reference Court. [NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 02/12/2025 14:47:58