Nabibai Sham Patil v. The Special Land Acq. Officer And ORS

48-FA-1193-2011 and ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.1193 OF 2011 Nabibai w/o. Sham Patil Special Land Acquisition Officer, Minor Irrigation Project, Dhule -- appellant-claimant Mr.A.M.Phule, AGP for respondent nos.1, 3, 4 - State -- FIRST APPEAL NO.1729 OF 2008 State of Maharashtra and ors.

..Appellants Farukh Sk. Masum Khatik and ors.

Mr.A.M.Phule, APP for appellants Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for respondent nos.1 to 3 CROSS OBJECTION ST. NO.10150 OF 2008 IN FIRST APPEAL NO.1729 OF 2008 Farukh s/o. Sheikh Masum Khatik and anr.

..Appellants Special Land Acquisition Officer, Minor Irrigation Project, Dhule

Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate for Mr.A.M.Phule, AGP for respondents FIRST APPEAL NO.1728 OF 2008 The State of Maharashtra and ors ..Appellants Fatmabee w/o. Mohammad ..Respondent Mr.A.M.Phule, AGP for appellants Mr.C.C.Deshpande, Advocate h/f. Mr.C.R.Deshpande, Advocate respondent CROSS OBJECTION STAMP NO.10152 OF 2008 IN FIRST APPEAL NO.1728 OF 2008 Fatimabee w/o. Mohammad since deceased, through L.Rs.

Shaikh Siddique s/o.

Shaikh Mohhmad Khatik and ors.

..Appellants Special Land Acquisition Officer, Minor Irrigation Project, Dhule appellants Mr.A.M.Phule, AGP for respondents FIRST APPEAL NO.1216 OF 2011 Narayan s/o. Gopal Patil

Special Land Acquisition Officer, Minor Irrigation Project, Dhule appellant Mr.A.M.Phule, AGP for respondent nos.1, 3 and 4 FIRST APPEAL NO.1215 OF 2011 Chindha Badhu Patil, through GPA - Ashok Chindha Patil Special Land Acquisition Officer, Minor Irrigation Project, Dhule appellant Mr.A.M.Phule, AGP for respondent nos.1, 3, 4, FIRST APPEAL NO.1194 OF 2011 Vitthal s/o. Dagadu Patil The Special Land Acq. Officer appellant Mr.A.M.Phule, AGP for respondent nos.1, 3 and 4

FIRST APPEAL NO.1195 OF 2011 Shamu Puna Patil, since deceased - through L.Rs.

Mangesh s/o. Sham Patil and ors.

..Appellants The Special Land Acquisition Officer, Minor Irrigation Project, Dhule and ors.

appellants Mr.A.M.Phule, AGP for respondent nos.1, 3 and 4 FIRST APPEAL NO.1082 OF 2007 The State of Maharashtra ..Appellants Rakhabai w/o. Kishor Patil ..Respondent Mr.A.M.Phule, AGP for appellants respondent - CROSS OBJECTION NO.19064 OF 2007 IN FIRST APPEAL NO.1082 OF 2007 Rekhabai w/o. Kishor Patil Special Land Acquisition Officer, M.I.P. Dhule, and ors.

- appellant - Mr.A.M.Phule, AGP for respondents

CORAM : R.G. AVACHAT, J.

DATE : AUGUST 27, 2021 ORAL JUDGMENT :- Heard Mr.Chaitanya Deshpande, learned counsel, holding for Mr.C.R.Deshpande, learned counsel for the claimants and Mr.A.M.Phule, learned AGP for State.

2.

This is a group of eight Appeals along with CrossObjections therein. Five of them, have been preferred by the original claimants for enhancement of compensation and rest have been filed by the State challenging the judgment and award passed by the Reference Court.

3.

Mr.Deshpande, learned counsel for the claimants, submits that these appeals arise out of the award/s passed in Land Acquisition Proceedings arising out of one and the same Section 4 notification dated 09.11.1995. In all these appeals, the Land Acquisition Officer had awarded compensation ranging between Rs.53,000/- and Rs.56,000/- per hectare in respect of Jirayat lands; and Rs.84,000/- and Rs.1,12,000/- per hectare for Bagayat lands. Learned counsel tenders a copy of order dated 25.01.2018 passed in First Appeal No.643 of 2003 (Bhikkan s/o. Puna Patil Vs. Special

Land Acquisition Officer, M.I.P., Dhule and ors) and companion appeals, whereby this Court has partly allowed the appeals and enhanced the compensation amount to Rs. Two Lakhs per hectare. He submits that present appeals can be disposed of as per the order dated 25.01.2018.

4.

Mr.Phule, learned AGP, opposes the appeals filed by the claimants.

5.

The lands involved in these appeals have been acquired for Minor Irrigation Tank Project, Susari, Tq. Shahada, Dist.Nandurbar. Since these appeals arise out of the award/s passed in Land Acquisition Proceedings arising out of one and the same Section 4 notification dated 09.11.1995, similar treatment needs to be given to these appeals, as has been given in First Appeal No.643 of 2003 and connected appeals decided vide order dated 25.01.2018. The judgment and order passed in First Appeal No.643 of 2003 and connected matters, has attained finality. 6.

Hence, the following order :- (i) First Appeal Nos.1193 of 2011, 1216 of 2011, 1215 of 2011, 1194 of 2011 and 1195 of 2011 preferred by the claimants for enhancement of compensation are partly allowed, granting them

compensation at the rate of Rupees Two Lakhs per hectare. (ii) First Appeal Nos.1729 of 2008, 1728 of 2008 and 1082 of 2007 filed by the State are dismissed.

(iii) Cross-Objection (Stamp) No.19064 of 2007 in First Appeal No.1082 of 2007 preferred by the claimants, is partly allowed granting them compensation at the rate of Rupees Two Lakhs per hectare.

(iv) Cross Objection (Stamp) No.10150 of 2008 in First Appeal No.1729 of 2008 and Cross Objection (Stamp) No.10152 of 2008 in First Appeal No.1728 of 2008 preferred by the claimants shall stand dismissed.

(v) The appellants/claimants in the appeals and the Cross Objections, which have been partly allowed by this Court, are entitled to receive additional compensation as also all the statutory benefits and interest proportionate to such additional compensation. The respondents are directed to work out and pay the appellants, additional compensation/statutory benefits/interest within three months from today.

[R.G. AVACHAT, J.] KBP