The Executive Engineer, Beed Minor Irrigation Div. v. Annasaheb Ramrao Gholve, Died Thr. L.Rs. Vrundavanibai And ORS

1 fa 1016.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1016 OF 2015 Sadashiv Tukaram Gholwe and others FIRST APPEAL STAMP NO. 7206 OF 2014 Nawnath Maruti Kedar and others FIRST APPEAL STAMP NO. 7240 OF 2014 Chandar Manik Kedar and others FIRST APPEAL STAMP NO. 7209 OF 2014 Ramkrishna Pandharinath Kedar and others FIRST APPEAL STAMP NO. 7266 OF 2014 Ginyandeo Sonaji Dhakne and others

2 fa 1016.15 FIRST APPEAL STAMP NO. 7212 OF 2014 Bhimrao Sopan Kedar and others FIRST APPEAL STAMP NO. 7228 OF 2014 Mathurabai Bhimrao Kedar and others FIRST APPEAL STAMP NO. 7263 OF 2014 Kalyan Manik Kedar and others FIRST APPEAL STAMP NO. 7231 OF 2014 Hanumant Jalindarrao Gholwe and others FIRST APPEAL STAMP NO. 7256 OF 2014 Ashrubai Narayan Gholwe and others FIRST APPEAL STAMP NO. 7260 OF 2014

3 fa 1016.15 Mathurabai Bhimrao Kedar and others FIRST APPEAL STAMP NO. 7225 OF 2014 Ramdas Tukaram Gholwe and others FIRST APPEAL STAMP NO. 7237 OF 2014 Venkati Bhimrao Kedar and others FIRST APPEAL STAMP NO. 7244 OF 2014 Sampat Baburao Kedar and others FIRST APPEAL STAMP NO. 7221 OF 2014 Shriniwas Abhiman Gholwe and others FIRST APPEAL STAMP NO. 7234 OF 2014 Babasaheb Vithal Kedar and others

4 fa 1016.15 FIRST APPEAL STAMP NO. 7216 OF 2014 Ramhari Namdeo Doiphode and others FIRST APPEAL NO. 1916 OF 2014 Gangadhar Ramchandra Gholve and another FIRST APPEAL NO. 1910 OF 2014 Sumant Raosaheb Gholve and others FIRST APPEAL NO. 1913 OF 2014 Shamrao Ginyandeo Thombre and others.. Respondents FIRST APPEAL NO. 1914 OF 2014 Gorakh Janardhan Gholve and others FIRST APPEAL NO. 1915 OF 2014

5 fa 1016.15 Manik Haribhau Kedar and others FIRST APPEAL NO. 1917 OF 2014 Hanumant Vishnu Gholve and others FIRST APPEAL NO. 1918 OF 2014 Sudhakar Laxman Gholve and others FIRST APPEAL NO. 1919 OF 2014 Balasaheb Ramrao Gholve and others FIRST APPEAL NO. 1920 OF 2014 Sanjay Mahadeo Gholve and others FIRST APPEAL NO. 1921 OF 2014 Shankar Sandipan Gholve and others

6 fa 1016.15 FIRST APPEAL NO. 1922 OF 2014 Bankat Pandurang Ghole and others FIRST APPEAL NO. 1923 OF 2014 Vishwanath Pandurang Thombre and another FIRST APPEAL NO. 1924 OF 2014 Fulchand Janardhan Gholve and others .. Respondents FIRST APPEAL NO. 1925 OF 2014 Ramkisan Ginyandeo Thombre and others FIRST APPEAL NO. 1927 OF 2014 Vishnu Nivrutti Kedar and another

7 fa 1016.15 FIRST APPEAL NO. 1928 OF 2014 Bhimrao Deorao Gholve and others FIRST APPEAL NO. 1929 OF 2014 Shivaji Laxman Thombre and others FIRST APPEAL NO. 1930 OF 2014 Dinkar Sandipan Gholve and others FIRST APPEAL NO. 1931 OF 2014 Vinayak Bhagwanrao Gholve and others .. Respondents FIRST APPEAL NO. 1932 OF 2014 Shriram Ganpati Gholve and others FIRST APPEAL NO. 1933 OF 2014

8 fa 1016.15 Manik Machhindra Gholve and others FIRST APPEAL NO. 1934 OF 2014 Shravan Haribhau Kedar and others FIRST APPEAL NO. 1935 OF 2014 Achut Deorao Gholve and others FIRST APPEAL NO. 1936 OF 2014 Ramhari Ranoba Gholve and others FIRST APPEAL NO. 1937 OF 2014 Pralhad Namdeo Thombre and others FIRST APPEAL NO. 1938 OF 2014 Narayan Eknath Gholve and another

9 fa 1016.15 FIRST APPEAL NO. 1939 OF 2014 Gorakh Pandurang Thombre and others .. Respondents FIRST APPEAL NO. 1940 OF 2014 Annasaheb Ramrao Gholve Died through L.Rs. Vrundavanibai Annasaheb Ghovle and others FIRST APPEAL NO. 1941 OF 2014 Hanumant Shivaji Ghovle and others FIRST APPEAL STAMP NO. 3490 OF 2013 Ashruba Sopan Ghovle and others FIRST APPEAL STAMP NO. 3497 OF 2013 Sopan Sukdeo Gaikwad and others

10 fa 1016.15 FIRST APPEAL STAMP NO. 3501 OF 2013 Dattatraya Kundalik Ghovle and others FIRST APPEAL STAMP NO. 3507 OF 2013 Vilas Annasaheb Ghovle and another FIRST APPEAL STAMP NO. 3515 OF 2013 Vithal Bhairu Gaikwad and others FIRST APPEAL STAMP NO. 3518 OF 2013 Prakash Balasaheb Ghovle and another .. Respondents FIRST APPEAL STAMP NO. 3522 OF 2013 Vikas Annasaheb Ghovle and another FIRST APPEAL STAMP NO. 3487 OF 2013

11 fa 1016.15 Ramrao Dharmaraj Ghovle and another .. Respondents FIRST APPEAL STAMP NO. 3494 OF 2013 Shantabai Kondiba Ghovle and others FIRST APPEAL STAMP NO. 3511 OF 2013 Sandipan Kondiba Ghovle and others Shri Ruturaj C. Patil, Advocate for Appellants/State in all matters.

Shri R. C. Patil, Shri R. A. Deshmukh, Shri V. P. Latange, Advocate for respective respondents/claimants. Shri D. R. Korde and Shri D. V. Tele, A.G.P. for Respondent/State in respective appeals.

CORAM : S. V. GANGAPURWALA, J.

DATE : 15TH SEPTEMBER, 2015.

PER COURT :- .

In all these matters the acquiring body has assailed the award passed by the Reference Court under Section 18 of the Land Acquisition Act (for short "L. A. Act"). 2.

Mr. Patil, the learned counsel for the appellant strenuously contends that, the Special Land Acquisition Officer (for the sake of brevity "S. L. A. O.") had awarded compensation at the rate of

12 fa 1016.15 Rs. 1,015/- and Rs. 920/- per R. The Reference Court enhanced it to Rs. 3,000/- per R. According to the learned counsel the sale deeds relied upon cannot be said to be exemplar sale transactions. According to the learned counsel the S. L. A. O. while passing award has rightly considered all the relevant aspects of the matter. The certified copies of the sale deeds Exh. 32 to Exh. 39 could not have been relied upon while computing the compensation amount. The learned counsel further submits that, the Reference Court has awarded interest U/Sec. 34 and 28 of the L. A. Act from the date of possession. The possession has been taken on 19.07.2003. The notification U/Sec. 4 of the L. A. Act is issued on 09.12.2004. As the possession has been taken prior to the notification U/Sec. 4 of the of the L. A. Act, the interest U/Sec. 34 and 28 of the of the L. A. Act, could not have been awarded from the date of possession.

2.

The learned counsel further submits that, interest U/Sec. 34 of the L. A. Act has been awarded on the enhanced amount of compensation. The same is also illegal. The same has to be on the amount as determined by the Collector.

3.

The learned counsel for the respondents/claimants in the respective appeals submits that, in fact the sale transactions on record were showing the valuation of the property at the rate of Rs. 5,000/- to Rs. 6,000/- per R. However, the Court has not awarded the said compensation amount. There was in fact no impediment for the Court to award compensation at the rate of

13 fa 1016.15 Rs. 6,000/- per R. Only on the ground that, said sale deeds are of small areas of lands, the same are discarded. The learned counsel for claimants did not dispute the date of the possession being delivered i. e. 19.07.2003 and the date of notification U/Sec. 4 of the L. A. Act is 09.12.2004. However, submit that, interest has been rightly awarded.

4.

I have considered the submissions canvassed by the learned counsel for the respective parties.

5.

The Court has accepted the valuation of the lands as referred to in the sale deeds. If the sale deeds relied by the claimants are perused then, the sell consideration ranges from Rs. 5,000/- to Rs. 6,000/- per R. The Court considering the fact that, area of the said sale deeds is less than 1 Acre has not relied upon the same. However, has reduced it by more than 40%. The said amount appears to be reasonable. The main emphasis of Mr. Patil, the learned counsel for the appellant is about the illegality committed by the Reference Court while awarding interest U/Sec. 34 and 28 of the L. A. Act, and more particularly Clause 5 to 8 of the operative part of the order in each reference. The interest cannot be awarded from the date of possession, if possession is taken prior to the notification U/Sec. 4 of the L. A. Act. In light of that, the interest U/Sec. 34 and 28 of the L. A. Act can only be awarded from the date of notification U/Sec. 4 of the L. A. Act.

14 fa 1016.15 6.

In the light of that, the operative parts from Clauses 5 to 8 of the impugned judgment and award are quashed and set aside. Instead the same is ordered as under.

7.

The claimants are entitled for interest U/Sec. 34 of the L. A. Act at the rate of 9% per annum for one year from 09.12.2004 and thereafter after lapse of one year at the rate of 15% per annum till the realization of the amount. The claimants are entitled for interest U/Sec. 28 of the L. A. Act on the enhanced amount of compensation at the rate of 9% per annum from 09.12.2004 for a period of one year. After lapse of one year i. e. from 09.12.2005 at the rate of Rs. 15% per annum on the enhanced amount of compensation till realization. Rest of the award passed by the Reference Court is upheld and maintained. Rest of the statutory benefit would follow. The first appeals accordingly stand partly allowed, however, with no orders as to costs.

[ S. V. GANGAPURWALA, J. ] bsb/Sept. 15