Rambhau Nathoba Magar v. The Executive Engineer L.D.P. Selu And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL (ST) NO. 32186 OF 2014 Uttamrao Dadarao Devade, CIVIL APPLICATION NO.6910 OF 2015 FIRST APPEAL (ST) NO. 32186 OF 2014 Uttam Dadarao Devade, Age: 70 years, Occ: Agri., FIRST APPEAL (ST) NO. 32179 OF 2014

-2Vithal Sakharam Chothe, CIVIL APPLICATION NO.6911 OF 2015 FIRST APPEAL (ST) NO. 32179 OF 2014 Vitthal Sakharam Chothe, Age: 55 years, Occ: Agri., FIRST APPEAL (ST) NO. 32156 OF 2014 Shankar Bapurao Bagal,

-3CIVIL APPLICATION NO.6912 OF 2015 FIRST APPEAL (ST) NO. 32156 OF 2014 Shankar Bapurao Bagal, Age: 65 years, Occ: Agri., FIRST APPEAL (ST) NO. 32189 OF 2014 Rambhau @ Ramrao Ravsaheb Devade.

-4CIVIL APPLICATION NO.6913 OF 2015 FIRST APPEAL (ST) NO. 32189 OF 2014 Rambhau @ Ramrao Raosaheb Devade.

Age: 40 years, Occ: Agri., FIRST APPEAL (ST) NO. 33472 OF 2014 Sakharam Santram Bagal,

-5CIVIL APPLICATION NO.6914 OF 2015 FIRST APPEAL (ST) NO. 33472 OF 2014 Sakharam Santaram Bagal, Age: 60 years, Occ: Agri., FIRST APPEAL (ST) NO. 34222 OF 2014 Ashok Manikrao Bagal, CIVIL APPLICATION NO.6915 OF 2015 FIRST APPEAL (ST) NO. 34222 OF 2014

-6Ashok Manikrao Bagal, FIRST APPEAL (ST) NO. 32172 OF 2014 Gayabai Damodhar Magar, CIVIL APPLICATION NO.6916 OF 2015 FIRST APPEAL (ST) NO. 32172 OF 2014 Gayabai Damodhar Magar, Age: 65 years, Occ: Agri.,

-7FIRST APPEAL (ST) NO. 33462 OF 2014 Bhanudas Ravan Magar, CIVIL APPLICATION NO.6917 OF 2015 FIRST APPEAL (ST) NO. 33462 OF 2014 Bhanudas Ravan Magar, Age: 65 years, Occ: Agri.,

-8FIRST APPEAL (ST) NO. 33513 OF 2014 Rambhau Nathoba Magar, CIVIL APPLICATION NO.6918 OF 2015 FIRST APPEAL (ST) NO. 33513 OF 2014 Rambhau Nathoba Magar, Age: 68 years, Occ: Agri.,

-9FIRST APPEAL (ST) NO. 32426 OF 2014 Haribhau Dadarao Bagal, CIVIL APPLICATION NO.6919 OF 2015 FIRST APPEAL (ST) NO. 32426 OF 2014 Haribhau Dadarao Bagal, Age: 55 years, Occ: Agri.,

-10FIRST APPEAL (ST) NO. 33516 OF 2014 Shivnanda Uttamrao Bagal, CIVIL APPLICATION NO.6920 OF 2015 FIRST APPEAL (ST) NO. 33516 OF 2014 Shivnanda Uttamrao Bagal, Age: 62 years, Occ: Agri., FIRST APPEAL (ST) NO. 33449 OF 2014

-11Babasaheb Abasaheb Bagal, CIVIL APPLICATION NO.6921 OF 2015 FIRST APPEAL (ST) NO. 33449 OF 2014 Babasaheb Abasaheb Bagal, Age: 40 years, Occ: Agri., FIRST APPEAL (ST) NO. 32423 OF 2014 Laxman Nagoba Magar,

-12CIVIL APPLICATION NO.6922 OF 2015 FIRST APPEAL (ST) NO. 32423 OF 2014 Laxman Nathoba Magar, Age: 66 years, Occ: Agri., FIRST APPEAL (ST) NO. 32153 OF 2014 Abasaheb Sahebrao Bagal,

-13CIVIL APPLICATION NO.6924 OF 2015 FIRST APPEAL (ST) NO. 32153 OF 2014 Abasaheb Sahebrao Bagal, Age: 70 years, Occ: Agri., FIRST APPEAL (ST) NO. 32183 OF 2014 Subhash Jijabhau Devade,

-14FIRST APPEAL (ST) NO. 32432 OF 2014 Sopan Kisan Chothe, Uttam Kisan Chothe, Bhagwan Kisan Chothe, Asaram Kisan Chothe, 4.

5.

FIRST APPEAL (ST) NO. 32175 OF 2014 Kisan Nivrutti Chothe,

-15Sopan Kisan Chothe, 4.

FIRST APPEAL (ST) NO. 33478 OF 2014 Sheshrao Nathoba Magar, FIRST APPEAL (ST) NO. 32159 OF 2014 Babasaheb Sahebrao Bagal,

-16CIVIL APPLICATION NO.6923 OF 2015 FIRST APPEAL (ST) NO. 32159 OF 2014 Babasaheb Sahebrao Bagal, Age: 50 years, Occ: Agri., .....

Mr. V.R. Sonwalkar, Advocate for appellant Mr. S.N. Patne, Advocate h/f Mr. V.R. Sonwalkar, Advocate for respondent No. 1 in C.A. No.6923 of 2015 Mrs. Asha Rakh, Advocate for respondents-claimants Mr. P.P. More, A.G.P. for respondent/State .....

CORAM : N.W. SAMBRE, J.

DATE : 21st JULY, 2015 ORAL ORDER :

All these appeals are by the Acquiring Body questioning the award delivered by 3rd joint Civil Judge, Senior Division, Jalna in

-17Land Acquisition References preferred under Section 18 of the Land Acquisition Act enhancing the compensation to Rs.2000/- per Are for dry crop land against Rs. 518-544/- per Are awarded by Land Acquisition Officer.

Learned Counsel for the appellant acquiring body, while questioning the judgment delivered by the Reference Court, would urge following grounds;

That the enhancement is at exorbitant rate, as is not based on the sufficient evidence, as according to him, the sale deed vide Instance No. 2055/1995 pertaining to village Revalgaon, in which 13 Are land was sold for Rs. 26,000/- on 14/06/1995 is from some different village, in which the land was acquired. As such, according to him, there was no relevance of the sale deed with the land under acquisition. Apart from this, he would urge that the field work as was done by the Land Acquisition Officer while passing the award is completely ignored by the Reference Court.

Learned Counsel for the respondents-land owners supports the award, as according to him, the award is based on sale instance which was very much appreciated by the Reference Court, in view of the provisions of Section 51A of the Land Acquisition Act.

-18He would urge that the sale deed cited supra dated 14/06/1995 was already taken into account in other References under Section 18 of the Land Acquisition Act and as such, the Reference Court was right in granting enhancement compensation @ Rs.2000/- per Are. 4.

With the assistance of learned Counsel for appellant and respondents, I have perused the observations made by the Reference Court, particularly in relation to the sale instances. 5.

It is required to be noted here that the land in question was acquired for the purpose of irrigation project. 6.

The Land Acquisition Officer has awarded compensation @Rs.679/- per Are against which the claimants have preferred Reference under Section 18 of the Land Acquisition Act demanding enhancement from Rs.3,00,000/- to Rs. 5,00,000/- per Hector. In support of their contentions, the claimants have placed on record various sale deeds. The price of the land as is reflected in the concerned sale deed which is required to be considered in the light of notification under Section 4 of the Land Acquisition Act was issued on 18/12/1997 and award under Section 11 of the Land Acquisition Act was delivered on 19/11/2001. The Reference Court then proceeded to analyze each of the sale instances, which were before it and

-19amongst that considered one dated 14/06/1995 bearing Serial No. 2055/1995 in the light of location map vide Exhibit-26. The Reference Court noted that village Mangrul from which the land was acquired and village Revalgaon from which the sale instance was quoted are adjacent and divided by only river. Having regard to the said fact, which was duly established by the claimants and not controverted by the appellant herein by examining any witnesses, in my opinion, the Reference Court was right in believing the said sale instance. Apart from above, the sale instance was already taken into account by the Reference Court while dealing with the issue of determination of market value in L.A.R. No. 1158/2010 decided on 12/12/2011.

7.

As such, the enhancement as is awarded by the Reference Court, in my opinion, is based on sale instance as is rightly appreciated in the light of provisions of Section 51A of the Land Acquisition Act. As such, the appeals fail, same stands dismissed.

8.

In view of dismissal of first appeals, pending civil applications for stay are disposed of.

9.

In view of dismissal of the first appeals, the applicants

-20are permitted to withdraw the amount.

10.

The applicants will be at liberty to file execution for the balance amount, if any.

11.

Civil Applications for withdrawal of the amount are allowed.

12.

In Civil Application No. 5923 of 2015, as the prayer for withdrawal of the amount is objected, it will be appropriate, in my opinion, to remit the amount deposited in the present case before the Executing Court, who shall deal with the claim for withdrawal of the amount, in accordance with law.

[ N.W. SAMBRE, J. ] Tupe/21.07.15