Pundlik Dhanji Chaudhari (Died) Thr Lrs Ushabai And ORS v. The Collector, Jalgaon And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD FIRST APPEAL STAMP NO.13664 OF 2017 Sau. Vimalbai Madhav Shirsath The Collector, Jalgaon & others Shri C.V. Dharurkar, A.G.P. for State FIRST APPEAL STAMP NO.13592 OF 2017 Pandit Vithoba Patil The State of Maharashtra & others Shri B.V. Virde, A.G.P. for State FIRST APPEAL STAMP NO.13662 OF 2017 Prabhavati Sambhaji Patil The State of Maharashtra & others
Shri A.M. Phule, A.G.P. for State FIRST APPEAL STAMP NO.13654 OF 2017 Dinkar Madhukar Patil, Died L.Rs.
Ratnabai Dinkar Patil & others The State of Maharashtra & others Shri G.O. Wattamwar, A.G.P. for State FIRST APPEAL STAMP NO.13660 OF 2017 Sakubai Rajaram Manore The State of Maharashtra & others Shri R.B. Bagul, A.G.P. for State FIRST APPEAL STAMP NO.13631 OF 2017 Pralhad Bhika Patil The Collector, Jalgaon & others
Shri S.S. Dande, A.G.P. for State FIRST APPEAL STAMP NO.13608 OF 2017 Trambak Motiram Patil The Special Land Acquisition Officer & anr.
Shri S.P. Sonpawle, A.G.P. for State FIRST APPEAL STAMP NO.13646 OF 2017 Ramesh Ramdas Koli & ors.
The Collector, Jalgaon & others Shri C.V. Dharurkar, A.G.P. for State FIRST APPEAL STAMP NO.13634 OF 2017 Bhikari Ziparu Patil
The State of Maharashtra & ors.
Shri B.V. Virde, A.G.P. for State FIRST APPEAL STAMP NO.13658 OF 2017 Ashok Motiram Patil The State of Maharashtra & others Shri A.M. Phule, A.G.P. for State FIRST APPEAL STAMP NO.13642 OF 2017 Geetabai Shamrao Patil, Died L.Rs.
Ananda Shamrao Patil & others The State of Maharashtra & others Shri G.O. Wattamwar, A.G.P. for State FIRST APPEAL STAMP NO.13648 OF 2017 Shivaji Narayan Baviskar & ors.
The Collector, Jalgaon & others Shri R.B. Bagul, A.G.P. for State FIRST APPEAL STAMP NO.13650 OF 2017 Mango Dhanu Nhavi, Died L.R.
Vasant Mango Nhavi, Died L.R.
Ravindra Vasant Nhavi The Special Land Acquisition Officer & anr.
Shri S.S. Dande, A.G.P. for State FIRST APPEAL STAMP NO.13692 OF 2017 Atmaram Vedu Johare, Died L.Rs.
Ahilyabai Atmaram Johare, Died Mukunda Atmaram Johare & others The Collector, Jalgaon & others Shri S.P. Sonpawle, A.G.P. for State
FIRST APPEAL STAMP NO.13696 OF 2017 Bhagwan Natthu Chaudhari & anr.
The State of Maharashtra & others Shri C.V. Dharurkar, A.G.P. for State FIRST APPEAL STAMP NO.13698 OF 2017 Baburao Kacharu Patil & anr.
The State of Maharashtra & others Shri B.V. Virde, A.G.P. for State FIRST APPEAL STAMP NO.13694 OF 2017 Janardan Daulat Patil, Died L.Rs.
Sulochanabai Janardan Patil & ors.
The Collector, Jalgaon & others Shri A.M. Phule, A.G.P. for State
FIRST APPEAL STAMP NO.13688 OF 2017 Raosaheb Bapu Patil The State of Maharashtra & others Shri G.O. Wattamwar, A.G.P. for State FIRST APPEAL STAMP NO.13685 OF 2017 Arjun Damu Patil The State of Maharashtra & others Shri R.B. Bagul, A.G.P. for State FIRST APPEAL STAMP NO.13652 OF 2017 Subhapatti Dudh Utpadak Society The District Collector, Jalgaon & others
Shri S.S. Dande, A.G.P. for State FIRST APPEAL STAMP NO.13730 OF 2017 Bhagwat Raghunath Patil The Special Land Acquisition Officer & anr.
Shri S.P. Sonpawle, A.G.P. for State FIRST APPEAL STAMP NO.13724 OF 2017 Prabhakar Chago Patil, Died L.Rs.
Vimalbai Prabhakar Patil & others The Special Land Acquisition Officer (2) & ors.... Shri C.V. Dharurkar, A.G.P. for State FIRST APPEAL STAMP NO.13704 OF 2017 Savitribai Pandhari Patil
The State of Maharashtra & others Shri B.V. Virde, A.G.P. for State FIRST APPEAL STAMP NO.13701 OF 2017 Shivlal Mansaram Patil & others The Special Land Acquisition Officer & anr.
Shri A.M. Phule, A.G.P. for State FIRST APPEAL STAMP NO.13709 OF 2017 Kasabai Rajaram Patil, Died L.Rs.
Ashabai Rupchand Patil & ors.
The Special Land Acquisition Officer & anr.
Shri G.O. Wattamwar, A.G.P. for State FIRST APPEAL STAMP NO.13741 OF 2017 Prabhakar Rajaram Chaudhari & anr.
The Collector, Jalgaon & others Shri R.B. Bagul, A.G.P. for State FIRST APPEAL STAMP NO.13747 OF 2017 Ramesh Keshav Bavaskar The Special Land Acquisition Officer & anr.
Shri S.S. Dande, A.G.P. for State FIRST APPEAL STAMP NO.13736 OF 2017 Pandurang Madhav Sonar The State of Maharashtra & others Shri S.P. Sonpawle, A.G.P. for State FIRST APPEAL STAMP NO.13644 OF 2017 Narayan Ramkrishna Patil
The Collector, Jalgaon & others Shri C.V. Dharurkar, A.G.P. for State FIRST APPEAL STAMP NO.13770 OF 2017 Damu Dhanji Patil, Died L.Rs.
Ramdas Damu Patil & anr.
The Collector, Jalgaon & others Shri C.V. Dharurkar, A.G.P. for State FIRST APPEAL STAMP NO.13772 OF 2017 Kokilabai Lotan Chaudhari & ors.
The State of Maharashtra & others Shri B.V. Virde, A.G.P. for State FIRST APPEAL STAMP NO.13602 OF 2017
Dattu Nathu Kulle, Died L.Rs.
Ushabai Dattu Kulle & ors.
The State of Maharashtra & others Shri C.V. Dharurkar, A.G.P. for State FIRST APPEAL STAMP NO.13777 OF 2017 Raghunath Narayan Patil The Special Land Acquisition Officer & anr.
Shri A.M. Phule, A.G.P. for State FIRST APPEAL STAMP NO.13492 OF 2017 Navnath Raghunath Patil & anr.
The Special Land Acquisition Officer & anr.
Shri A.M. Phule, A.G.P. for State
FIRST APPEAL STAMP NO.13827 OF 2017 Ambadas Kashinath Mule & ors.
The State of Maharashtra & ors.
Shri S.S. Dande, A.G.P. for State FIRST APPEAL STAMP NO.13681 OF 2017 Sanjay Hiraman Patil The State of Maharashtra & ors.
Shri S.S. Dande, A.G.P. for State FIRST APPEAL STAMP NO.13732 OF 2017 Gangaram Narayan Koli, Died L.Rs.
Anjanabai Gangaram Koli & ors.
The State of Maharashtra & ors.
Shri S.S. Dande, A.G.P. for State
FIRST APPEAL STAMP NO.13788 OF 2017 Bhika Hari Patil (Pawar) The State of Maharashtra & ors.
Shri S.P. Sonpawle, A.G.P. for State FIRST APPEAL STAMP NO.13782 OF 2017 Eknath Vidtoba Kolhe The State of Maharashtra & ors.
Shri S.P. Sonpawle, A.G.P. for State FIRST APPEAL STAMP NO.13786 OF 2017 Tukaram Ramdhan Patil (GPA) & anr.
The State of Maharashtra & ors.
Shri S.P. Sonpawle, A.G.P. for State
FIRST APPEAL STAMP NO.13585 OF 2017 Bhika Hari Patil The State of Maharashtra & ors.
Shri S.P. Sonpawle, A.G.P. for State FIRST APPEAL STAMP NO.13629 OF 2017 Ratan Ramdhan Patil The State of Maharashtra & ors.
Shri S.P. Sonpawle, A.G.P. for State FIRST APPEAL STAMP NO.13834 OF 2017 Ramdas Namdev Lohar, Died L.R.
Shivaji Ramdas Lohar The State of Maharashtra & ors.
Shri C.V. Dharurkar, A.G.P. for State FIRST APPEAL STAMP NO.13814 OF 2017 Natthu Damu Sonar & ors.
The Collector, Jalgaon & ors.
Shri B.V. Virde, A.G.P. for State FIRST APPEAL STAMP NO.13811 OF 2017 Tapiram Tukaram Patil, Died L.Rs.
Kalabai Tapiram Chaudhari, Died L.Rs.
1.
Ananda Tapiram Patil, Died 1A) Nirmalabai Ananda Chaudhari & ors.
The District Collector, Jalgaon & ors.
Shri B.V. Virde, A.G.P. for State FIRST APPEAL STAMP NO.13750 OF 2017 Rajendra Pandurang Patil
The District Collector, Jalgaon & ors.
Shri A.M. Phule, A.G.P. for State FIRST APPEAL STAMP NO.13720 OF 2017 Devram Dhanu Chaudhari, Died L.Rs.
Indravatibai Devram Patil & ors.
The Collector, Jalgaon & ors.
Shri A.M. Phule, A.G.P. for State FIRST APPEAL STAMP NO.13806 OF 2017 Ravindra Pandurang Patil The State of Maharashtra & ors.
Shri A.M. Phule, A.G.P. for State FIRST APPEAL STAMP NO.13850 OF 2017 Bhagwat Totaram Nhavi (G.P.A.) & anr.
The State of Maharashtra & ors.
Shri S.S. Dande, A.G.P. for State FIRST APPEAL STAMP NO.13848 OF 2017 Aniruddha Raghavrao Patil The Special Land Acquisition Officer (2) & anr.... Shri S.S. Dande, A.G.P. for State FIRST APPEAL STAMP NO.13803 OF 2017 Dhanraj Pandurang Patil The Special Land Acquisition Officer & anr.
Shri S.P. Sonpawle, A.G.P. for State FIRST APPEAL STAMP NO.13640 OF 2017
Sanjay Waman Patil The Special Land Acquisition Officer & anr.
Shri S.P. Sonpawle, A.G.P. for State FIRST APPEAL STAMP NO.13656 OF 2017 Surastabai Raghavrao Patil The Collector, Jalgaon & ors.
Shri C.V. Dharurkar, A.G.P. for State FIRST APPEAL STAMP NO.13757 OF 2017 Shivaji Parshuram Patil & anr.
The Collector, Jalgaon & ors.
Shri C.V. Dharurkar, A.G.P. for State
FIRST APPEAL STAMP NO.13760 OF 2017 Anil Pandhari Patil & ors.
The Collector, Jalgaon & ors.
Shri C.V. Dharurkar, A.G.P. for State FIRST APPEAL STAMP NO.13764 OF 2017 Arun Ramdas Patil, Died L.Rs.
Vandanbai Arun Patil & ors.
The State of Maharashtra & ors.
Shri C.V. Dharurkar, A.G.P. for State FIRST APPEAL STAMP NO.13762 OF 2017 Pundlik Dhanji Chaudhari, Died L.Rs.
Ushabai Pundlik Patil & ors.
The Collector, Jalgaon & ors.
Shri C.V. Dharurkar, A.G.P. for State
FIRST APPEAL STAMP NO.13838 OF 2017 Vitthal Raghunath Patil The State of Maharashtra & ors.
Shri B.V. Virde, A.G.P. for State FIRST APPEAL STAMP NO.13852 OF 2017 Shriram Natthu Chaudhari The Collector, Jalgaon & ors.
Shri A.M. Phule, A.G.P. for State FIRST APPEAL STAMP NO.13840 OF 2017 Baliram Madhav Sonar, Died L.Rs.
Bharat Baliram Randhir (Sonar) & ors.
The Collector, Jalgaon & ors.
Shri S.S. Dande, A.G.P. for State
FIRST APPEAL STAMP NO.13844 OF 2017 Bhagwat Keshav Patil The Collector, Jalgaon & ors.
Shri S.S. Dande, A.G.P. for State
CORAM:
V.K. JADHAV , J.
DATED:
19th April, 2017.
ORAL ORDER :
1.
All these appeals deal with acquisition of the house properties of the claimants on account of submergence of area under Waghur Dam.
2.
A group of First Appeals bearing First Appeal No.3060 of 2013 with connected First Appeals came to be disposed of this Court (Coram : S.V. Gangapurwala, J.) vide judgment and order dated 19/12/2013, thereby upholding the valuation made by the Reference Court in respect of the land at Rs.600/- per R, however, had granted enhancement of compensation in respect of the structures, wherein the Valuer's report was considered by this Court and had deducted 10% from the said Valuer's report. In para 7, 8 and 9, it was observed as under :
"7.
The Court has appreciated the evidence on record and had come to the conclusion that he accepts the valuation report. But then no reason is given for deducting the amount in some of the matters upto 60% to 75% and in majority of matters 25%.
8.
There may be some error. To work out the said margin of error, some deduction would be permissible from the amount as suggested by the Valuer. Considering the fact that. the properties acquired are lands and small houses the margin of error would also be less.
9.
In the light of the above, it would be appropriate to deduct 10% from the valuation as shown by the expert.
3.
In a group of First Appeals bearing First Appeal No.2745/2015 with connected First Appeals, this Court (Coram : S.V. Gangapurwala, J.), vide judgment and order dated 21/10/2015, disposed of the said Appeals arising out of the same project and the judgment and award passed by the Reference Court in the light of the observations made earlier as referred in para No.2 of this order, bearing First Appeal No.3060/2013 with connected First Appeals. 4.
In light of the above, I pass the following order : (i) The claimants in all these appeals would be entitled for the compensation of the acquired land at the rate of Rs.600/- per square meter for open piece of land as given by the
Reference Court and for house properties acquired as per the chart given below along with the statutory benefits as awarded by the Reference Court.
10% deducSr.
No.
Name of the parties First Appeal/ St.No.
L.A.R. No.
tion (Rs.) Sau. Vimalbai Madhav Shirsath 13664/2017 390/2009 Pandit Vithoba Patil 13592/2017 371/2005 Prabhavati Sambhaji Patil 13662/2017 559/2005 Dinkar Madhukar Patil, Died L.Rs.
Ratnabai Dinkar Patil & others 13654/2017 454/2005 Sakubai Rajaram Manore 13660/2017 249/2005 900/- Pralhad Bhika Patil 13631/2017 919/2007 Trambak Motiram Patil 13608/2017 679/2005 Ramesh Ramdas Koli & ors.
13646/2017 378/2009 Bhikari Ziparu Patil 13634/2017 718/2005 Ashok Motiram Patil 13658/2017 738/2006 Geetabai Shamrao Patil, Died L.Rs.
Ananda Shamrao Patil & others 13642/2017 443/2005 Shivaji Narayan Baviskar & ors.
13648/2017 247/2005 Mango Dhanu Nhavi, Died L.R.
Vasant Mango Nhavi, Died L.R.
Ravindra Vasant Nhavi 13650/2017 519/2006 Atmaram Vedu Johare, Died L.Rs.
Ahilyabai Atmaram Johare, Died Mukunda Atmaram Johare & ors.
13692/2017 366/2009 Bhagwan Natthu Chaudhari 13696/2017 649/2005 Baburao Kacharu Patil 13698/2017 707/2005 Janardan Daulat Patil, Died L.Rs.
Sulochanabai Janardan Patil & ors.
13694/2017 592/2005 Raosaheb Bapu Patil 13688/2017 682/2005 4950 + Arjun Damu Patil 13685/2017 582/2005
Subhapatti Dudh Utpadak Society 13652/2017 2398/2005 Bhagwat Raghunath Patil 13730/2017 528/2005 Prabhakar Chago Patil, Died L.Rs.
Vimalbai Prabhakar Patil & others 13724/2017 664/2005 Savitribai Pandhari Patil 13704/2017 741/2005 Shivlal Mansaram Patil & others 13701/2017 555/2005 Kasabai Rajaram Patil, Died L.Rs.
Ashabai Rupchand Patil & ors.
13709/2017 680/2005 Prabhakar Rajaram Chaudhari & anr.
13741/2017 509/2005 Ramesh Keshav Bavaskar 13747/2017 530/2005 (Open plot) Pandurang Madhav Sonar 13736/2017 2405/2005 3510 + Narayan Ramkrishna Patil 13644/2017 352/2009 Damu Dhanji Patil, Died L.rs.
Ramdas Damu Patil & anr.
13770/2017 355/2009 Kokilabai Lotan Chaudhari & ors.
13772/2017 2299/2005 Dattu Nathu Kulle, Died L.Rs.
Ushabai Dattu Kulle & ors.
13602/2017 705/2005 Raghunath Narayan Patil 13777/2017 631/2005 Navnath Raghunath Patil & anr.
13492/2017 630/2005 Ambadas Kashinath Mule & ors.
13827/2017 2301/2005 7290 + Sanjay Hiraman Patil 13681/2017 726/2005 Gangaram Narayan Koli, Died L.Rs.
Anjanabai Gangaram Koli & ors.
13732/2017 734/2005 Bhika Hari Patil (Pawar) 13788/2017 702/2005 Eknath Vidtoba Kolhe 13782/2017 725/2005 Tukaram Ramdhan Patil (GPA) & anr.
13786/2017 790/2005 Bhika Hari Patil 13585/2017 701/2005 4950 + Ratan Ramdhan Patil 13629/2017 432/2005 Ramdas Namdev Lohar, Died L.R.
Shivaji Ramdas Lohar 13834/2017 433/2005
Natthu Damu Sonar & ors.
13814/2017 798/2005 Taparam Tukaram Patil, Died L.Rs.
Kalabai Tapiram Chaudhari, Died L.Rs.
1.
Ananda Tapiram Patil, Died 1A) Nirmalabai Ananda Chaudhari & ors.
13811/2017 792/2005 Rajendra Pandurang Patil 13750/2017 2399/2005 Devram Dhanu Chaudhari, Died L.Rs.
Indravatibai Devram Patil & ors.
13720/2017 657/2005 Ravindra Pandurang Patil 13806/2017 552/2005 Bhagwat Totaram Nhavi (G.P.A.) & anr.
13850/2017 252/2005 Aniruddha Raghavrao Patil 13848/2017 661/2005 Dhanraj Pandurang Patil 13803/2017 538/2006 Sanjay Waman Patil 13640/2017 535/2006 Surastabai Raghavrao Patil 13656/2017 1132/2006 Shivaji Parshuram Patil & anr.
13757/2017 1137/2006 Anil Pandhari Patil 13760/2017 1136/2006 Arun Ramdas Patil, Died L.Rs.
Vandanbai Arun Patil & ors.
13764/2017 1139/2006 Pundlik Dhanji Chaudhari, Died L.Rs.
Ushabai Pundlik Patil & ors.
13762/2017 1135/2006 3510 + Vitthal Raghunath Patil 13838/2017 450/2005 Shriram Natthu Chaudhari 13852/2017 369/2009 Baliram Madhav Sonar, Died L.Rs.
Bharat Baliram Randhir (Sonar) & ors.
13840/2017 284/2006 Bhagwat Keshav Patil 13844/2017 537/2005 2880 + (ii) The respondents shall pay the compensation amount to the claimants as per the above chart in respect of the house properties and at a rate of Rs.600/- per square meter for
open land along with all statutory benefits as held by the Reference Court.
(iii) In respect of enhanced compensation amount, the claimants would not be entitled for the interest on the enhanced compensation amount for the delayed period as per the undertaking given by them.
(iv) First Appeals stand partly allowed, however, with no order as to costs.
( V.K. JADHAV ) JUDGE fmp/fa13664.17