Ganesh Lakhichand Behra v. The Special Land Acquisition Officer Upper Tapi Project Hatnur-1 And Another

2025:BHC-AUG:10041 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1841 OF 2024 Thagabai Rangnath Chaudhari And Others ....Appellants The Collector Jalgaon And Others .....Respondents Ms. Sakshi Kale h/f Mr. A.B. Kale, Advocate for Appellants Mr. V.V. Tarde, Advocate for respondent No. 3 FIRST APPEAL NO. 4805 OF 2017 Subhash Narayan Mahajan Died Through Lrs Sushilabai S. Mahajan And Others .....Appellants The Special Land Acquisition Officer Hatnur And Another Ms. Sakshi Kale h/f. Mr. A.B. Kale, Advocate for Appellants Mr. D.D. Pokharkar, Advocate for respondent No. 2 FIRST APPEAL NO. 363 OF 2011 Indubai Baburao Mahajan Died Through Lrs Karuna Deepak Desmukh The State Of Maharashtra And Another ....Respondents

{2} FIRST APPEAL NO. 360 OF 2011 Dwarkabai Tukaram Patil Died through Lrs Dnyaneshwar T. Patil & Others .....Appellants The State Of Maharashtra And Another FIRST APPEAL STAMP NO. 6934 OF 2024 Ramlal Dagadu Patil ...Appellant The Special Land Acquisition Officer, Upper Tapi Project, Hatnur-1, Jalgaon & Another

...Respondents

Mr. S.R. Patil, Advocate for respondent No. 2 FIRST APPEAL STAMP NO. 9844 OF 2024 Devram Dagadu Patil Died Thr Lrs Kasabai Devram Patil And Others ...Appellants The Special Land Acquisition Officer, Upper Tapi Project, Hatnur-1, Jalgaon & Another

...Respondents

Ms. Sakshi Kale h/f. Mr. A.B. Kale, Advocate for appellants FIRST APPEAL STAMP NO. 6069 OF 2023 Nana Sakaram Patil

{3} The Special Land Acquisition Officer-2 Upper Tapi Project Hatnoor Jalgaon And Another Ms. Sakshi Kale h/f. Mr. A.B. Kale, Advocate for appellants Mr. D.D. Pokharkar, Advocate for respondent No. 3 FIRST APPEAL STAMP NO. 14919 OF 2021 Amrut Raghunath Chaudhari The SLAO UTPH Jalgaon And Another Ms. Sakshi Kale h/f. Mr. A.B. Kale, Advocate for appellants Mr. R.A. Tambe, Advocate for respondent No. 2 FIRST APPEAL STAMP NO. 3509 OF 2014 Laxmibai Shivdas Patil ...Appellant The Special Land Acquisition Officer Hatnur & Another

...Respondents

Mr. D.D. Pokharkar, Advocate for respondent No. 2 FIRST APPEAL NO. 362 OF 2011 Dnyaneshwar Tukaram Patil The State Of Maharashtra And Another

...Respondent

{4} Ms. Sakshi Kale h/f. Mr. A.B. Kale, Advocate f or the appellant FIRST APPEAL NO. 361 OF 2011 Ashok Govinda Mahajan The State Of Maharashtra And Another Ms. Sakshi Kale h/f. Mr. A.B. Kale, Advocate for Appellant FIRST APPEAL NO. 364 OF 2011 Totaram Krushna Mahajan The State Of Maharashtra And Another Ms. Sakshi Kale h/f. Mr. A.B. Kale, Advocate for Appellant FIRST APPEAL NO. 910 OF 2011 Arun Rajaram Mahajan The State Of Maharashtra And Another Ms. Sakshi Kale h/f. Mr. A.B. Kale, Advocate for Appellant FIRST APPEAL NO. 912 OF 2011 Deepak Ashok Patil

{5} The State Of Maharashtra And Another Ms. Sakshi Kale h/f. Mr. A.B. Kale, Advocate for Appellant FIRST APPEAL NO. 913 OF 2011 Sitaram Dagdu Mahajan And Others .....Appellants The State Of Maharashtra And Others Ms. Sakshi Kale h/f. Mr. A.B. Kale, Advocate for Appellant FIRST APPEAL NO. 3602 OF 2019 Shriram Ganpat Patil (died) Thr Bebabai (died) Thr Lrs Rajendra And Others .....Appellants The Special Land Acquisition Officer, U.T.P.H, Jalgaon And Another Ms. Sakshi Kale h/f. Mr. A.B. Kale, Advocate for Appellant Mr. V.V. Tarde, Advocate for respondent No. 2 FIRST APPEAL STAMP NO. 22296 OF 2018 Shankar Onkar Mahajan (died) Thr Lrs Ramdas Shankar Mahajan .....Applicant The Special Land Acquisition Officer, U.T.P.H-1, Jalgaon And Another

{6} Mr. V.V. Tarde, Advocate for respondent No. 2 FIRST APPEAL NO. 2412 OF 2017 Narayan Hari Bavaskar (died) Thr Lrs Shantabai (died) Thr Lrs Anandibai Vithal Patil And Others .....Appellants The Special Land Acquisition Officer, U.T.P.H.-2, Jalgaon And Another ....Respondents Mr. V.V. Tarde, Advocate for respondent No. 2 FIRST APPEAL NO. 1849 OF 2023 Bhagwan Narayan Dhekale Special Land Acquisition Officer UTPH-2, Jalgaon And Another Mr. R.A. Tambe, Advocate for respondent No. 2 FIRST APPEAL NO. 1840 OF 2024 Dhanabai Sitaram Bavaskar (died) Thr Lrs Santosh Sitaram Bavaskar And Others ....Appellants The Collector, Jalgaon And Another

...Respondents

{7} Mr. R.A. Tambe, Advocate for respondent No. 2 FIRST APPEAL NO. 2018 OF 2024 Ananda Dhanu Dube (died) Thr Lrs Raju Ananda Dube And Others ...Appellants The State Of Maharashtra And Another Mr. R.A. Tambe, Advocate for respondent No. 2 FIRST APPEAL NO. 1838 OF 2024 Mangalabai Chaggan Patil The Special Acquisition Officer Upper Tapi Irrigation Project Hatnoor 2 Jalgaon And Another Ms. Snehal Kulkarni, Advocate for respondent No. 2 FIRST APPEAL NO. 1859 OF 2024 Shamrao Zendu Dhangar Special Land Acquisition Officer, Upper Tapi Project Hatnur-1 Jalgaon And Others

{8} Mr. R.A. Tambe, Advocate for respondent No. 2 FIRST APPEAL NO. 3448 OF 2022 Laxman Ravji Chinchole State Of Maharashtra And Others Mr. A.D. Pawar, Advocate for respondent No. 2 FIRST APPEAL NO. 1568 OF 2011 Shriram Narayan Patil The State Of Maharashtra And Others FIRST APPEAL NO. 2730 OF 2019 Anjanabai Devchand Patil The Special Land Acquisition Officer 2 Upper Tapi Project Hatnur And Another Mr. D.D. Pokharkar, Advocate for respondent No. 2 FIRST APPEAL NO. 2793 OF 2019 Atmaram Shravan Chaudhari

{9} The Special Land Acquisition Officer Upper Tapi Project Hatnur-1, Jalgaon, & Another Mr. D.D. Pokharkar, Advocate for respondent No. 2 FIRST APPEAL NO. 2728 OF 2019 Vimalbai Atmaram Patil The Special Land Acquisition Officer 2 Upper Tapi Project Hatnur And Another Mr. V.V. Tarde, Advocate for respondent No. 2 FIRST APPEAL NO. 467 OF 2016 Tarachand Lakhichand Behra The Special Land Acquisition Officer Upper Tapi Project Hatnur-1 And Another Mr. V.V. Tarde, Advocate for respondent No. 2 FIRST APPEAL NO. 468 OF 2016 Ganesh Lakhichand Behra The Special Land Acquisition Officer Upper

{10} Tapi Project Hatnur-1 And Another Mr. V.V. Tarde, Advocate for respondent No. 2 FIRST APPEAL NO. 466 OF 2016 Pushpa Ganesh Behra The Special Land Acquisition Officer Upper Tapi Project Hatnur-1 And Another Mr. V.V. Tarde, Advocate for respondent No. 2 FIRST APPEAL NO. 3605 OF 2019 Ushabai Pundlik Patil The Special Land Acquisition Officer, U.T.P.H, Jalgaon And Another Mr. V.V. Tarde, Advocate for respondent No. 2 FIRST APPEAL NO. 3601 OF 2019 Ramesh Namdeo Patil The Special Land Acquisition Officer, U.T.P.H. Jalgaon And Another

{11} Mr. V.V. Tarde, Advocate for respondent No. 2 FIRST APPEAL NO. 4803 OF 2017 Kashinath Deochand Mahajan Died Through Lrs Anil Kashinath Mahajan The Collector Jalgaon & Others Mr. D.D. Pokharkar, Advocate for respondent No. 3 FIRST APPEAL NO. 4920 OF 2017 Sanjay Kashiram Patil The Special Land Acquisition Officer-2, UTPH, Jalgaon And Another Ms. Manjusha Jagtap, Advocate for respondent No. 2 FIRST APPEAL NO. 2353 OF 2017 Sayabai Divakar Patil The Special Land Acquisition Officer, Upper Tapi Project Hatnur No.2 Jalgaon And Another.....Respondents

{12} Mr. V.V. Tarde, Advocate for respondent No. 2 FIRST APPEAL NO. 2017 OF 2024 Shantaram Tulsiram Patil (Wagh) (died) Through Lrs Vatsalabi & Others .....Appellants The State of Maharashtra & Others Mr. A.D. Pawar, Advocate for respondent No. 2 Mr. V.V. Tarde, Advocate for respondent No. 3 FIRST APPEAL NO. 2306 OF 2017 Bhaskar Ramkrushna Patil The Special Land Acquisition Officer, U.T.P.H.-2, Jalgaon And Another Mr. D. D. Pokharkar, Advocate for respondent No. 2 .......

CORAM : NITIN B. SURYAWANSHI AND MANJUSHA DESHPANDE, JJ.

DATE :

03rd APRIL, 2025 ORDER :

1.

Admittedly, these first appeals are covered by the order dated 02.11.2023 passed by learned Single Judge of this

{13} Court (Coram: Arun R. Pednekar, J.) in First Appeal No. 1115 of 2021 and connected matters, which arose from the same acquisition proceedings.

2.

Learned Single Judge has awarded compensation of Rs. 4,00,000/- per Hectare to the Bagayat land and as far as trees are concerned claimants are held entitle to receive compensation to the extent of 80% of the amount of valuation. 3.

Learned advocate for the Corporation states that rate of Rs. 2,00,000/- per Hectare is fixed by the Corporation for Jirayat lands. The same can be paid to the claimants whose lands are Jirayat lands.

4.

Learned advocate for appellants has placed on record a chart showing entitlement of appellants as per above calculation, same is marked 'X' for identification. 5.

Since the appellants in the present first appeals are similarly situated like that of appellants in First Appeal No. 1115 of 2021 and connected matters, on the ground of parity, said decision is applicable to the case of appellants. 6.

In the result, following order:

{14}

ORDER

i) The award of the Reference Court is modified to the extent that appellants/claimants are granted compensation of Rs. 4,00,000/- per Hectare to the Bagayat land and Rs. 2,00,000/- per Hectare to the Jirayat land. 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) It is made clear that claimants will not be entitled for the interest of delayed period.

iv) Award be modified accordingly. First Appeals are disposed of. All pending Civil Applications, if any, stand disposed of. (MANJUSHA DESHPANDE, J.) (NITIN B. SURYAWANSHI, J.)