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Bombay High CourtFA/3031/2017partly allowed and partly dismissed

Vithabai Narhari Gunjal Thr Her Power Of Attorney Holder Nanasaheb Narhari Gunjal v. The State Of Maharashtra And ORS

2024-10-16Hon'Ble Shri Justice N. B. Suryawanshi68 pages

2024:BHC-AUG:25180 1 1072-17-FA+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.1072 OF 2017 Madhuker Sambhaji Sonawane Age: 57 Occu: Agri R/o Kakadi, Tal-Kopargaon Dist- Ahemednagar (Ori. Plaintiff) Through Collector, Ahamadnagar.

The Special Land Acquisition Officer @ Sub-Divisional Officer, Sangamner At present Sub Divisional Officer, Shirdi Tal-Rahata, Dist. Ahamadnagar.

The Additional Collector, 8th Floor, World Trade Center, Cuffparel, Mumbai-5.

(Ori. Defendant) Ms. Akshara Madake, Advocate h/f Mr. Abhijit B. Kale, Advocate for Appellant Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.883 OF 2019 Kishor Sajjanrao Gaikwad Age: 62 years, Occupation : Agriculture Resident of: Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Ori. Claimant)

2 1072-17-FA+.odt Officer and Sub-Divisional Officer, (Ori. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.810 OF 2017 Shashikant Vinayak Sonawane Age: 32 Occ: Agri R/o Kakadi, Tal-Kopargaon Dist- Ahemednager (Ori. Plaintiff) Through Collector, Ahamadnagar.

The Special Land Acquisition Officer @ Sub-Divisional Officer, Sangamner At present Sub Divisional Officer, Shirdi Tal-Rahata, Dist. Ahamadnagar.

The Additional Collector, 8th Floor, World Trade Center, Cuffparel, Mumbai-5.

(Ori. Defendant) Ms. Akshara Madake, Advocate h/f Mr. Abhijit B. Kale, Advocate for Appellant Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.3032 OF 2017 Sau Aruna Parashram Gunjal

3 1072-17-FA+.odt Age: 36 years, Occupation: Agricultural R/o. Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Ori. Claimant) The Special Land Acquisition Officer and Sub-Divisional Officer, (Ori. Defendant) Mr. M. S. Kulkarni, Advocate for Appellant Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.3033 OF 2017 Yogesh Bhausaheb Gunjal Through his guardian ad litem Sunita Bhausaheb Gunjal Age Major, Occ- Agriculture Govind Sajan Pachore Age- Major, Occ- Agriculture Sambhaji Anand Ghare Age- Major, Occ- Agriculture 4.

Manda Madhukar Abhale Age- Major, Occ- Agriculture All R/o Kakadi, Post Kelwad, Tal. Kopargaon, Dist Ahmednagar Applicants No.1 to 4

4 1072-17-FA+.odt Through Power of Attorney Holder Bhausaheb Dada Gunjal Age: Major, Occupation: Agriculture Resident of: At Kakadi, Post Kelwad, Tal. Kopargaon, Dist Ahmednagar ... Appellants (Ori. Claimants) The Special Land Acquisition Officer and Sub-Divisional Officer, (Ori. Respondents) Mr. M. S. Kulkarni, Advocate for Appellant Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.3034 OF 2017 Shri Sanjay Rajaram Gunjal Age: Major, Occupation: Agriculture Resident of: Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Ori. Claimant) The Special Land Acquisition Officer and Sub-Divisional Officer,

5 1072-17-FA+.odt (Ori. Defendants) Mr. M. S. Kulkarni, Advocate for Appellant Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.3035 OF 2017 Shri Changdeo Waman Gunjal Age: 85 years, Occupation: Agriculture R/o. Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Ori. Claimant) The Special Land Acquisition Officer and Sub-Divisional Officer, (Ori. Defendants) Mr. M. S. Kulkarni, Advocate for Appellant Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.3036 OF 2017 Shankar Bhikaji Gunjal Age: years, Occupation: Agriculture Sarangdhar Bhikaji Gunjal

6 1072-17-FA+.odt Age: years, Occupation: Agriculture Baban Bhikaji Gunjal Age: years, Occupation: Agriculture R/o. Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar ... Appellants (Ori. Claimant) Through the Collector Office, Ahmednagar, District Ahmadnagar @ Sub Divisional Officer, Sangamner District Ahmednagar.

8th Floor, World Trade Center, Cuffe Parel, Mumbai-5 (Ori. Defendants) Mr. M. S. Kulkarni, Advocate for Appellant Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.3037 OF 2017 Balasaheb Balaji Gunjal Age: 42 years, Occupation: Agriculture Sanjay Balaji Gunjal Age: 39 years, Occupation: Agriculture Rajendra Balaji Gunjal Age: 35 years, Occupation: Agriculture Applicant Ni.1 is the Power of Attorney Holder of Applicant No.2 and 3 All R/o Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar ... Appellants

7 1072-17-FA+.odt (Ori. Claimant) Collector Office, Ahmednagar The Special Land Acquisition Officer and Sub-Divisional Officer, (Ori. Defendants) Mr. M. S. Kulkarni, Advocate for Appellant Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.3038 OF 2017 Arun Sahebrao Gunjal Age: 30 years, Occupation: Agriculture Through his Power of Attorney Holder Sahebrao Rambhau Gunjal Age: 56 years, Occupation: Agriculture Resident of: Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar ... Appellants (Ori. Claimant) Collector Office, Ahmednagar The Special Land Acquisition Officer and Sub-Divisional Officer,

8 1072-17-FA+.odt (Ori. Defendants) Mr. M. S. Kulkarni, Advocate for Appellant Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.3040 OF 2017 Shri Bhausaheb Shrirang Gunjal Age: 36 years, Occupation: Agricultural Resident of: Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Ori. Claimant) Collector Office, Ahmednagar The Special Land Acquisition Officer and Sub-Divisional Officer, (Ori. Defendants) Mr. M. S. Kulkarni, Advocate for Appellant Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.1068 OF 2017 Alka Manohar Sonawane Age: 48 Occu: Agri Bhanudas Kachru Sonawane Age: 55 Occu : Agri

9 1072-17-FA+.odt Ambadas Kachru Sonawane Age: 53 Occu: Agri 4.

Pandurang Kachru Sonawane Age: 45 Occu: Agri All R/o Kakadi, Tal- Kopargaon Dist. Ahemednager ... Appellants (Ori. Plaintiffs) Through Collector, Ahamadnagar.

The Special Land Acquisition Officer @ Sub-Divisional Officer, Sangamner At present Sub Divisional Officer, Shirdi Tal-Rahata, Dist. Ahamadnagar.

The Additional Collector, 8th Floor, World Trade Center, Cuffparel, Mumbai-5.

(Ori. Defendant) Ms. Akshara Madake, Advocate h/f Mr. Abhijit B. Kale, Advocate for Appellant Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.1070 OF 2017 Manohar Sambhaji Sonawane Age: 57 Occ: Agri R/o Kakadi, Tal-Kopargaon Dist- Ahemednager (Ori. Plaintiff) Through Collector, Ahamadnagar.

The Special Land Acquisition Officer @ Sub-Divisional Officer, Sangamner At present Sub Divisional Officer, Shirdi Tal-Rahata, Dist. Ahamadnagar.

10 1072-17-FA+.odt The Additional Collector, 8th Floor, World Trade Center, Cuffparel, Mumbai-5.

(Ori. Defendant) Ms. Akshara Madake, Advocate h/f Mr. Abhijit B. Kale, Advocate for Appellant Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.1071 OF 2017 Dinkar Sambhaji Sonawane Age: 59 Occ: Agri R/o Kakadi, Tal-Kopargaon Dist- Ahemednager (Ori. Plaintiff) Through Collector, Ahamadnagar.

The Special Land Acquisition Officer @ Sub-Divisional Officer, Sangamner At present Sub Divisional Officer, Shirdi Tal-Rahata, Dist. Ahamadnagar.

The Additional Collector, 8th Floor, World Trade Center, Cuffparel, Mumbai-5.

(Ori. Defendant) Ms. Akshara Madake, Advocate h/f Mr. Abhijit B. Kale, Advocate for Appellant Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.1077 OF 2017 (NOT ON BOARD) Shekhar Govind Bhalerao Age: 70 Occ: Agri R/o Kakadi, Tal-Kopargaon

11 1072-17-FA+.odt Dist- Ahemednager (Ori. Plaintiff) Through Collector, Ahamadnagar.

The Special Land Acquisition Officer @ Sub-Divisional Officer, Sangamner At present Sub Divisional Officer, Shirdi Tal-Rahata, Dist. Ahamadnagar.

The Additional Collector, 8th Floor, World Trade Center, Cuffparel, Mumbai-5.

(Ori. Defendant) Ms. Akshara Madake, Advocate h/f Mr. Abhijit B. Kale, Advocate for Appellant Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.1695 OF 2019 (NOT ON BOARD) Laxman Sukdeo Kandekar Age: Major, Occupation : Agriculture Resident of: Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Ori. Claimant) Officer and Sub-Divisional Officer,

12 1072-17-FA+.odt (Ori. Defendant) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.1693 OF 2019 (NOT ON BOARD) Walmik Sukdeo Kandekar Age: Major, Occupation : Agriculture Resident of: Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Ori. Claimant) Officer and Sub-Divisional Officer, (Ori. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO.855 OF 2019 Arun Sahebrao Gunjal Age: 47 Occupation : Agriculture Through her power of Attorney Holder Sahebrao Rambhau Gunjal Age: 55 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar ... Appellants (Org. Claimant)

13 1072-17-FA+.odt Collector Office, Ahamadnagar.

(Org. Defendant) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 856 OF 2019 Kondaji Parvat Kandekar Age: 58 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant) (Org. Defendant) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State

14 1072-17-FA+.odt FIRST APPEAL NO. 857 OF 2019 Shri Parasharam Bajirao Gunjal Age: 46 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant) (Org. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 858 OF 2019 Shri Bhaskar Sudarnath Gunjal Age: 46 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant)

15 1072-17-FA+.odt (Org. Defendant) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 864 OF 2019 Subhash Sarangdhar Gunjal Age: 32 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant) (Org. Defendant) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 865 OF 2019 (NOT ON BOARD) Shobha Nanasaheb Game Age: 40 years, Occupation : Agriculture Through her power of Attorney Holder Sudhakar Yadav Gunjal Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar

16 1072-17-FA+.odt (Ori. Claimant) (Ori. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 866 OF 2019 (NOT ON BOARD) Parighabai Goraksnath Gunjal Age: 55 years, Occupation : Agriculture Through his Power of Attorney Holder Sunil Gorakshnath Gunjal Age: 40 years, Occupation: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Ori. Claimant)

17 1072-17-FA+.odt (Org. Defendant) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 867 OF 2019 Vikram Bajirao Gunjal Age: 56 years, Occupation : Agriculture Through her power of Attorney Holder Chandrabhan Mohan Gunjal Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant) (Org. Defendant) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 868 OF 2019 Dadasaheb Chandrabhan Gunjal Age: 40 years, Occupation : Agriculture Through her power of Attorney Holder Chandrabhan Mohan Gunjal Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant)

18 1072-17-FA+.odt (Ori. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 869 OF 2019 Kamalabai Narhar Gunjal Age: Major, Occupation : Agriculture Through his power of Attorney Holder Nanasaheb Narhari Gunjal Age : 45 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant) (Org. Defendant)

19 1072-17-FA+.odt Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 871 OF 2019

1. Shri Kailas Chaburao Gadekar Age: 38 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar Shri Chaburao Gangadhar Gadekar Since deceased hence Through his Legal Representatives 2-A Vimalbai W/o Chaburao Gadekar Age: 70 Occupation : Household, Resident of : Pimpri Lokri, Taluka Rahata, District Ahmednagar 2-B Kailas Chaburao Gadekar Age: 47 years, Occupation: Agriculture, Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar 2-C Vilas Chaburao Gadekar Age: 45 years, Occupation: Agriculture 2-D Ashok Chaburao Gadekar Age: 40 years, Occupation: Agriculture Both Resident of : Pimpri Lokri, Taluka Rahata, District Ahmednagar 2-E Lata Ashok Pund Age: 49 years, Occupation: Household Resident of : Mali Chinchora, Taluka Newasa, District Ahmednagar 2-F Sangita Sunil Khairna Age: 48 years, Occupation : Household Resident of: Padhegaon, Taluka Shrirampur, District Ahmednagar ... Appellants (Org. Claimant)

20 1072-17-FA+.odt (Org. Defendant) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 872 OF 2019 Raosaheb Karbhari Gadekar Age: 46 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar Gorakshnath Karbhari Gadekar Age : 41 years, Occupation: Agriculture Resident of: At Kakadi, Post Kelwad Taluka Kopargaon, District Ahmednagar Bhausaheb Karbhari Gadekar Age: 39 years, Occupation: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar ... Appellants (Org. Claimant)

21 1072-17-FA+.odt (Ori. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 873 OF 2019 Bhausaheb Eknath Gunjal Age: 31 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant) (Ori. Defendant) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 874 OF 2019 Satyabhamabai Shrirang Gunjal Age: 84 years, Occupation : Agriculture Through Power of Attorney Applicant No.2 Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar

22 1072-17-FA+.odt Babasaheb Shrirang Gunnjal Age: 44 years, Occupation: Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar ... Appellants (Org. Claimant) (Ori. Defendant) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 875 OF 2019 Digambar Vishwanath Gunjal Age: 35 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant)

23 1072-17-FA+.odt (Ori. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 876 OF 2019 Balasaheb Bansi Gunjal Age: 48 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant) (Ori. Defendant) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 877 OF 2019 Siddharth Nanasahb Gunjal Through his guardian ad litem, Nanasaheb Narhari Gunjal Age: Major, Occupation : Agriculture Both Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant)

24 1072-17-FA+.odt (Ori. Defendant) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 878 OF 2019 Babasaheb Yadav Gunjal Age: 47 years, Occupation : Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar (Org. Claimant) (Ori. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State

25 1072-17-FA+.odt FIRST APPEAL NO. 879 OF 2019 Appasaheb Ganpat Gadekar Age: 63 years, Occupation : Agriculture Kisan Ganpat Gadekar Age: 60 years, Occupation : Agriculture Vishnu Ganpat Gadekar, Age : 57 years, Occupation : Agriculture 4.

Balasaheb Ganpat Gadekar Age: 48 years, Occupation : Agriculture 5.

Dnyandeo Ganpat Gadekar, Age: 46 years, Occupation : Agriculture All Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar ... Appellants (Org. Claimant) (Ori. Defendant) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 880 OF 2019 Pratik Macchindra Gunjal Age: 22 , Occupation : Agriculture Through Special Power of Attorney Appellant No.2

26 1072-17-FA+.odt Avinash Macchindra Gunjal Age: 25, Occupation : Agriculture (The Claimants have now attained majority) Both Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmadnagar ... Appellants (Org. Claimant) (Ori. Defendant) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 881 OF 2019 Balasaheb Vishwanath Gunjal Age: 40 years, Occupation : Agriculture Through his power of Attorney Holder Digambar Vishwanath Gunjal Age: 35 years, Occupation: Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Org. Claimant)

27 1072-17-FA+.odt (Ori. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 882 OF 2019 Dattatraya Bansi Gunjal Age: 46 years Occu: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 884 OF 2019 Jyoti Kishor Gaikwad Age: 54 years, Occu: Agriculture

28 1072-17-FA+.odt Through her power of Attorney Holder Kishor Sajanrao Gaikwad Age: 55 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 885 OF 2019 Hemant Rambhau Sonawane Age: 59 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant)

29 1072-17-FA+.odt (Ori. Respondents) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 886 OF 2019 Gorakshnath Karbhari Gunjal Age: 75 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 887 OF 2019 Gayabai Sahebrao Gunjal Age: 49 years, Occ: Agriculture Through her power of Attorney Holder Sahebrao Rambhau Gunjal Gunjal Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

30 1072-17-FA+.odt (Ori. Claimant) (Ori. Respondents) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 888 OF 2019 Macchindra Narhari Gunjal Age: Major years, Occ: Agriculture Through his power of Attorney Holder Nanasaheb Narhai Gunjal Age: 45 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents)

31 1072-17-FA+.odt Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 889 OF 2019 Sanjay Vithhal Gunjal Age: 38 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 890 OF 2019 Santosh Nana Gunjal Age: 31 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant)

32 1072-17-FA+.odt (Ori. Respondents) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 891 OF 2019 Indrabhan Hari Gunjal Age: 59 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 892 OF 2019

33 1072-17-FA+.odt Hirabai Indrabhan Gunjal Age: 55 years, Occ: Agriculture Through her power of Attorney Holder Indrabhan Hari Gunjal Age: 59 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 893 OF 2019 Dattu Sundarnath Gunjal Age: 48 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant)

34 1072-17-FA+.odt (Ori. Respondents) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 894 OF 2019 Nanasaheb Narhari Gunjal Age: 45 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 895 OF 2019 Sandip Chandrabhan Gunjal Age: 33 years, Occ: Agriculture Through her power of Attorney Holder

35 1072-17-FA+.odt Chandrabhan Mohan Gunjal Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 896 OF 2019 Yaminabai Mohan Gunjal Age: 90 years, Occ: Agriculture Through her power of Attorney Holder Chandrabhan Mohan Gunjal Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant)

36 1072-17-FA+.odt (Ori. Respondents) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 897 OF 2019 Shri Sudhakar Yadav Gunjal Age: 42 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 898 OF 2019 Sachin Shivram Gunjal Age: 33 years, Occ: Agriculture Through her power of Attorney Holder Chandrabhan Mohan Gunjal Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant)

37 1072-17-FA+.odt (Ori. Respondents) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 899 OF 2019 Mahesh Shivram Gunjal Age: 21 years, Occ: Agriculture Through her power of Attorney Holder Chandrabhan Mohan Gunjal Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents)

38 1072-17-FA+.odt Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 900 OF 2019 Savita Balasaheb Gunjal Age: 32 years, Occ: Agriculture Through his power of Attorney Holder Sunil Gorakshnath Gunjal Age: 44 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 901 OF 2019 Meenakshi Bhagwat Game Age: 38 years, Occ: Agriculture Through her power of Attorney Holder Indrabhan Hari Gunjal Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant)

39 1072-17-FA+.odt (Ori. Respondents) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 902 OF 2019 Sunil Gorakshnath Gunjal Age: 40 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State

40 1072-17-FA+.odt FIRST APPEAL NO. 903 OF 2019 Padambai Yadav Gunjal Age: 67 years, Occ: Agriculture Through her power of Attorney Holder Sudhakar Yadav Gunjal Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 904 OF 2019 Shri Anil Gorakshnath Gunjal Through his Power of Attorney Holder Sunil Gorakshnath Gunjal Age: 40 years, Occ: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant)

41 1072-17-FA+.odt (Ori. Respondents) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2633 OF 2017 Shri Navnath Raosaheb Gunjal Age: 32 years, Occ: Agriculture R/o. Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2634 OF 2017 Shri Sunil Raosaheb Gunjal Age: 35 years, Occ: Agriculture R/o. Kakadi, Post Kelwad,

42 1072-17-FA+.odt Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2635 OF 2017 Shri Shivram Mohan Gunjal Age: 56 years, Occ: Agriculture R/o. Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents)

43 1072-17-FA+.odt Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2636 OF 2017 Shri Arun Raosaheb Gunjal Age: 33 years, Occ: Agriculture R/o. Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2858 OF 2017 Bhausaheb Dada Gunjal Age-Major, Occ: Agriculture Pankaj Subhash Jondhale Age- Major, Occ- Agriculture No. 1 is Power of Attorney of No. 2, Both R/o. Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant)

44 1072-17-FA+.odt (Ori. Respondents) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2859 OF 2017 Sharda Eknath Kunjir Age- 29 years, Occ- Agriculture Through Her Power of Attorney Holder Indrabhan Hari Gunjal Age- 55 years, Occ- Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State

45 1072-17-FA+.odt FIRST APPEAL NO. 2860 OF 2017 Vasudha Subhash Game Age- 29 years, Occ- Agriculture Through Her Power of Attorney Holder Indrabhan Hari Gunjal Age- 55 years, Occ- Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2861 OF 2017 Sharad Indrabhan Gunjal Age- 26 years, Occ- Agriculture Through Her Power of Attorney Holder Indrabhan Hari Gunjal Age- 55 years, Occ- Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant)

46 1072-17-FA+.odt (Ori. Respondents) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2862 OF 2017 Shri Dattu Sundarnath Gunjal Age- 50 years, Occ- Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State

47 1072-17-FA+.odt FIRST APPEAL NO. 2863 OF 2017 Sunita Bhausaheb Gunjal Age- 35 years, Occ- Agriculture Through Her Power of Attorney Holder Bhausaheb Dada Gunjal Age- major, Occ- Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District- Ahmednagar.

(Ori. Claimant) (Ori. Respondents) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2864 OF 2017 Ashok Tulsiram Karade Age - 51 years, Occu-Agriculture Dattu Shahadu Gunjal Age- 52 years, Occ- Agriculture Navnath Deoram Dighe Age- 40 years, Occ- Agriculture 4.

Shakuntala Damodhar Game Age- 36 years, Occ- Agriculture 5.

Sangita Rajendra Game Age-37 years, Occ- Agriculture

48 1072-17-FA+.odt Appellant No.3 is the Power of Attorney Holder of Appellant Nos.1, 2, 4 and 5 All R/o Kakadi, Post Kelwad, Tal. Kopargaon, Dist. Ahmednagar ... Appellants (Org. Claimant) (Org. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2865 OF 2017 Gayabai Vitthal Gunjal Age : 63 years, Occupation: Agriculture Through Her Power of Attorney Holder Sanjay Vitthal Gunjal Age: 60 years, Occupation: Agriculture R/o: Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Org. Claimant)

49 1072-17-FA+.odt (Org. Defendant) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2866 OF 2017 Shri Ganpat Sarangdhar Gunjal Age : 31 years, Occupation: Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Org. Claimant) @ Sub-Divisional Officer, (Org. Defendant) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2867 OF 2017 Shri Baban Bhikaji Gunjal Age : 31 years, Occupation: Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Org. Claimant)

50 1072-17-FA+.odt @ Sub-Divisional Officer, (Org. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 2868 OF 2017 Shri Dadasaheb Chandrabhan Gunjal Age : 36 years, Occupation: Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar Sangita Macchindra Gunjal Age: 40 years, Occupation: Agriculture Resident of: At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar Manisha Nanasaheb Gunjal Age: 35 years, Occupation : Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar ... Appellants (Org. Claimant)

51 1072-17-FA+.odt (Org. Defendant) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 3029 OF 2017 Shri Prabhakar Bhaupatil Gunjal Age : Major, Occupation: Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Org. Claimant) (Org. Defendant) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 3030 OF 2017 Shri Sanjay Balaji Gunjal Age : 40 years, Occupation: Agriculture Through His Power of Attorney Holder Babasaheb Balaji Gunjal Age: 42 years, Occupation : Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Org. Claimant)

52 1072-17-FA+.odt (Org. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 3031 OF 2017 Vithabai Narhari Gunjal Age : 65 years, Occupation: Agriculture Through His Power of Attorney Holder Nanasaheb Narhari Gunjal Age: 42 years, Occupation : Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Org. Claimant) (Org. Defendant) Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State

53 1072-17-FA+.odt FIRST APPEAL NO. 3041 OF 2017 Jagannath Rambhaji Gunjal Age- Major, Occ- Agriculture Deepabai Jagannath Gunjal Age- Major, Occ- Agriculture Appellant No.1 is the Power of Attorney Holder of Appellant No.2 Both R/o Kakadi, Post Kelwad Taluka Kopargaon, District Ahmednagar ... Appellants (Org. Claimant) (Org. Defendant) Mr. D.J. Patil, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 3046 OF 2017 Dhrupadabai Rambhau Gunjal Age : 70 years, Occupation: Agriculture Through Her Power of Attorney Holder Sahebrao Rambhau Gunjal Age: 56 years, Occupation : Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar (Org. Claimant)

54 1072-17-FA+.odt (Org. Defendant) Mr. Rajdeep Raut, AGP for Respondent Nos.1 & 2/State FIRST APPEAL NO. 3039 OF 2017 Shri Parashram Rajaram Gunjal Age: 53 years, Occupation : Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar Shri Ashok Rajaram Gunjal Age: 48 years, Occupation : Agriculture Resident of : At Kakadi, Post Kelwad, Taluka Kopargaon, District Ahmednagar ... Appellants (Org. Claimants) (Org. Defendant)

55 1072-17-FA+.odt Mr. R.B. Dhaware, AGP for Respondent Nos.1 & 2/State CORAM : NITIN B. SURYAWANSHI, J.

RESERVED ON : 19th SEPTEMBER, 2024 PRONOUNCED ON : 16th OCTOBER, 2024 JUDGMENT :

Heard.

Admit. Taken up for final hearing with the consent of the parties.

Being aggrieved by the judgment and awards passed by learned Civil Judge, Senior Division, Kopargaon, claimants have preferred these first appeals for enhancement of compensation. For ready reference, judgment and awards in Land Acquisition References challenged in respective first appeals are set out in following chart:

Sr. No.

First Appeal No.

L.A.R. No.

Decided on 1/09/2014 1/09/2014 1/09/2014 1/09/2014 30/06/2016 28/08/2014 19/08/2014 26/08/2014 27/08/2014 21/08/2014 20/08/2014

56 1072-17-FA+.odt 28/08/2014 28/08/2014 28/08/2014 28/8/2014 25/08/2014 26/08/2014 22/08/2014 01/09/2014 22/08/2014 24/09/2014 28/08/2014 27/08/2014 25/08/2014 24/09/2014 18/08/2014 21/08/2014 21/08/2014 21/08/2014 21/08/2014 24/09/2014 20/08/2014 14/08/2014 21/08/2014 27/08/2014 22/09/2014 01/09/2014 01/09/2014 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016

57 1072-17-FA+.odt 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 21/08/2014 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 30/06/2016 1/09/2014 21/08/2014 30/06/2016

58 1072-17-FA+.odt 30/06/2016 21/08/2014 4.

These first appeals are filed by claimants whose agricultural lands situated at village Kakadi, Kopargaon, Dist. Ahmednagar, out of Gut Nos.202/2, 203/2, 185, 180, 182, 183, 181, 173, 163, 146, 145, 83, 114 and 96, were acquired for construction of Shirdi Airport, by notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'L.A. Act'), published in the Government Gazette on 20/03/2009. Special Land Acquisition Officer, Sangamner, awarded compensation @ Rs.1,67,092/- per Hectare for Jirayat land and @ 2,50,638/- per Hectare for seasonally irrigated land. In consent award compensation is awarded @ Rs.3,00,000 per acre for Jirayat land and Rs.4,50,000/- per acre for seasonally irrigated land. In First Appeal Nos.1072/2017, 883/2019, 884/2019, 885/2019 claimants are held entitled for enhanced compensation of Rs.3,75,000/- per Hectare for seasonally irrigated land along with statutory benefits. For ready reference, chart of acquired lands as per award is as follows:- Sr. No.

First Appeal No.

L.A.R. No.

Gut No.

Type of Land Jirayat (Class-1) Jirayat (Class-1) Jirayat (Class-1) Jirayat (Class-1) 144/2 Jirayat (Class-2) 140/1 Jirayat (Class-2)

59 1072-17-FA+.odt 109/2 Jirayat (Class-3) & Seasonally Irrigated (Class-3) Jirayat (Class-1) 147/2 Jirayat (Class-1) Jirayat (Class-2) Jirayat (Class-1) & Seasonally Irrigated (Class-1) Jirayat (Class-2) & Seasonally Irrigated (Class-2) Jirayat (Class-2) & Seasonally Irrigated (Class-2) Jirayat (Class-2) & Seasonally Irrigated (Class-2) Jirayat (Class-2) & Seasonally Irrigated (Class-2) 95/2 Jirayat (Class-1) Jirayat (Class-1) 144/5 Jirayat (Class-2) Jirayat (Class-2) & Seasonally Irrigated (Class-2) 144/5 Jirayat (Class-2) 95/1P Jirayat (Class-1) Jirayat (Class-2) 140/2 Jirayat (Class-1) 143/2 Jirayat (Class-1) 144/5P Jirayat (Class-1) & Seasonally Irrigated (Class-1) 143/1 Jirayat (Class-1) & Seasonally Irrigated (Class-1) Jirayat (Class-2)

60 1072-17-FA+.odt 144/3 Jirayat (Class-2) Jirayat (Class-2) Jirayat (Class-2) 92/2P Jirayat (Class-1) & Seasonally Irrigated (Class-1) 161/1 Jirayat (Class-2) Jirayat (Class-2)& Seasonally Irrigated (Class-2) Jirayat (Class-2) Jirayat (Class-1) Jirayat (Class-1) Jirayat (Class-1) Jirayat (Class-1) Jirayat (Class-2) Jirayat (Class-1) Jirayat (Class-2) & Seasonally Irrigated (Class-2) 145P Jirayat (Class-1) Jirayat (Class-2) 163P Jirayat (Class-2) & Seasonally Irrigated (Class-2) 140/1 Jirayat ( Class-2) 140/1 Jirayat (Class-2) 151/1 Jirayat (Class-1) 140/1 Jirayat (Class-2) 140/1 Jirayat (Class-2) Jirayat (Class-2) Jirayat (Class-1) Jirayat (Class-2) Jirayat (Class-1) Seasonally Irrigated (Class-1) 144/2 Jirayat (Class-2)

61 1072-17-FA+.odt 150P Jirayat (Class-2) 150P Jirayat (Class-2) 148P Jirayat (Class-2) 144/3 Jirayat (Class-2) 151/1 Jirayat (Class-1) 151/1 Jirayat (Class-1) 144/1 Jirayat (Class-2) Jirayat (Class-3) Jirayat (Class-2) 144/2 Jirayat (Class-2) Jirayat (Class-2) 140/1 Jirayat (Class-2) Jirayat (Class-2) & Seasonally Irrigated (Class-2) 109/2 Jirayat (Class-3) & Seasonally Irrigated (Class-3) 140/1 Jirayat (Class-2) 127P Jirayat (Class-1) & Seasonally Irrigated (Class-1) Jirayat (Class-1) 109/1 Jirayat (Class-3) & Seasonally Irrigated (Class-3) 151/1P Jirayat (Class-1) 109/1 Jirayat (Class-3) & Seasonally Irrigated (Class-3) Jirayat (Class-1) & Seasonally Irrigated (Class-1) Jirayat (Class-3) Jirayat (Class-1) 215/2 Jirayat (Class-2) Jirayat (Class-1)

62 1072-17-FA+.odt Jirayat (Class-2) 215/2 Jirayat (Class-2) Claimants filed references for enhancement of compensation. Reference Court has enhanced the compensation @ Rs.7,50,000/- per Hectare for Jirayat land, @ Rs.11,25,000/- per Hectare for seasonally irrigated land and @ Rs.3,75,000/- per Hectare for Pot-Kharab area therein. Claimants have filed these first appeals for enhancement of compensation.

5.

Heard learned advocates for appellants, learned AGP for State and learned advocate for respondent No.3. 6.

Learned advocates for appellants/claimants submitted that four sale deeds were produced by claimants in support of their claims. However, reference Court has only considered sale deed Exhibit-31. It is argued that reference Court ought to have relied upon the sale instance at Exhibit-32 as it was just one day prior to the sale instance at Exhibit-31. Since the sale instance at Exhibit-32 is of highest value it needs to be considered in view of Mehrawal Khewaji Trust (Regd.) Faridkot and Others Vs. State of Punjab and Others, [AIR 2012 SC 2721]. Reference Court has erred in deducting 25% from the market value on the ground that there was road in the land of sale instance at Exhibit-31. Though village map is produced on record reference Court has erroneously held that the same was not produced. Reference Court has also

63 1072-17-FA+.odt failed to award interest under Section 34 of the Land Acquisition Act. By relying on the proviso under Section 34 of the said Act, learned advocate Mr. M. S. Kulkarni submits that claimants are entitled for said interest.

7.

Claimants whose lands are acquired out of Gut No.185 submit that there was common well in Gut No.185 and all claimants whose lands are acquired out of said Gut number are given common compensation. In view of common well situated in Gut No.185, the acquired lands are required to be treated as seasonally irrigated lands. However, reference Court has erred in treating these lands as Jirayat lands. Presence of common well is totally ignored by the reference Court. Hence, it is submitted that these claimants are entitled for compensation of seasonally irrigated lands. In view of this submission, reliance is placed on Chindha Fakira Patil (Dead) Through LRs. Vs. Special Land Acquisition Officer, Jalgaon, [2012(2) Mh.L.J. 530] and The Akkalkot Municipal Council, Solapur Vs. Shri Vasantrao Tulsiram Kharade and Others, [2009 LAC 565 (Bom)].

8.

Learned advocate for respondent No.3 acquiring body strenuously opposed the appeals and supported the impugned judgment and awards passed by reference Court. He submits that since in the sale instance at Exhibit-32 there was right to fetch well water, more consideration amount was paid. Hence, the same is rightly not relied upon by the reference Court. He further submits

64 1072-17-FA+.odt that on 06/01/2010 possession of the acquired lands was taken and the claimants have accepted the compensation, therefore, they are not entitled for any interest under Section 34. 9.

Learned AGP adopted arguments of the acquiring body and supported the impugned judgment and award. 10.

Heard learned advocate for appellants, learned AGP for State and learned advocate for respondent No.3 at length. Perused the record.

11.

Record indicates that as per the joint measurement report there is one well in Gut No.185 and 0.04 R area out of said Gut number is seasonally irrigated. Hence, the Special Land Acquisition Officer has treated the acquired land from Gut No.185 as Jirayat land and has awarded separate compensation for the well. It is a matter of record that total 6 Hectare 5 R land is acquired from Gut No.185. Merely because there is one well situated in the same and common compensation is awarded for the said well, the acquired land from Gut No.185 cannot be treated as seasonally irrigated land. There is no merit in the submission of claimants that acquired land out of Gut No.185 needs to be treated as seasonally irrigated land in view of common well situated in the said Gut number. Special Land Acquisition Officer and the reference Court are justified in treating the said land as Jirayat land and no fault can be found with the same.

12.

There is no dispute about quality of lands set out in the

65 1072-17-FA+.odt chart mentioned in paragraph No.4, since the same is claimed to be prepared on the basis of evidence affidavit of Special Land Acquisition Officer cum Sub-Divisional Officer, Sangamner, namely Sandip Vishnu Nichit.

13.

For enhancement of compensation claimants have relied on following sale instances of the lands sold from Kakadi village:- (a) Sale deed at Exhibit-28 is dated 07/02/2007 executed by Navnath Dighe in favour of Shakuntala Game, by which 21 R seasonally irrigated land out of Gut No.140/2 of village Kakadi was sold for consideration of Rs.2,50,000/-. Thus, per Hectare rate of said land comes to Rs.11,90,477/-.

(b) By sale deed at Exhibit-29, on 12/02/2008 Sitaram Shinde and Vitthal Shinde sold 36 R irrigated land out of Gut No.286 of village Kakadi to Narayan Thorat for consideration of Rs.6,00,000/-. Per Hectare rate, thus, comes to Rs.16,66,667/-.

(c) By sale deed at Exhibit-30, on 07/02/2007 Navnath Dighe sold 21 R seasonally irrigated land out of Gut No.140/2 of village Kakadi to Sangita Game, for consideration of Rs.2,50,000/-. Thus, per Hectare rate comes to Rs.11,90,477/- (d) By sale deed at Exhibit-31, on 22/08/2008 Navnath Pawar sold 40 R Jirayat land out of Gut No.289 of village Kakadi to Union Bank Karmachari Sena, Mumbai, for consideration of Rs.4,00,000/-. Thus, per Hectare rate comes to Rs.10,00,000/-.

66 1072-17-FA+.odt (e) By sale deed at Exhibit-32, on 21/08/2008 Walmik Kandekar sold 20 R land out of Gut No.215/2 along with right to use water in the well in the land bearing Gut No.215/1 of village Kakadi to Dnyaneshwar Kandekar for consideration of Rs.6,00,000/-. Per Hectare rate thus, comes to Rs.30,00,000/-.

14.

The sale instance at Exhibit-31 is dated 22/08/2008 by which 40 R Jirayat land out of Gut No.289 of village Kakadi was sold for consideration of Rs.4,00,000/- (i.e. Rs.10,00,000/- per Hectare), whereas as per sale instance at Exhibit-32, on 21/08/2008, 20 R land out of Gut No.215/2 along with right to use water in the well was sold for consideration of Rs.6,00,000/- (i.e. Rs.30,00,000/- per Hectare). Without assigning any reason reference Court has failed to consider sale instance at Exhibit-32, though it was only one day prior to the sale instance at Exhibit-31. In terms of Mehrawal Khewaji Trust (Regd.) Faridkot (supra), highest sale instance needs to considered. Therefore, reference Court ought to have considered sale instance at Exhibit-32.

Since sale instance at Exhibit-32 is of seasonally irrigated land under which 20 R land is sold for consideration of Rs.6,00,000/- i.e. Rs.30,00,000/- per Hectare, the same needs to be taken as comparable sale instance. Considering the the fact that sale instance at Exhibit-32 is of smaller area and larger portion of claimants' lands are acquired, it would be appropriate to make 50% deduction. The market value, therefore, would come to

67 1072-17-FA+.odt Rs.15,00,000/- per Hectare for seasonally irrigated land and Rs.10,00,000/- per Hectare for Jirayat land. No case is made out by claimants to modify the rate awarded by the reference Court in respect of Pot-Kharab land.

15.

As per the award, since possession of the acquired lands is taken on 06/01/2010 and compensation is accepted by the claimants on the same day, claimants are not entitled for interest under Section 34.

16.

In the result, following order:

ORDER

(I) All first appeals are partly allowed with proportionate costs. (II) In First Appeal Nos.1072 of 2017, 883 of 2019, 884 of 2019, 885 of 2019, 855 of 2019, 2868 of 2017, 3035 of 2017, 3032 of 2017, 3031 of 2017, 3039 of 2017, 3030 of 2017, 3038 of 2017, 3046 of 2017, 3029 of 2017, 2863 of 2017, 2864 of 2017, 3033 of 2017, 2861 of 2017, 2862 of 2017, 2859 of 2017, 2860 of 2017, 3036 of 2017, 2866 of 2017, 1068 of 2017, 810 of 2017, 1070 of 2017, 1071 of 2017, 900 of 2019, 904 of 2019, 902 of 2019, 903 of 2019, 895 of 2019, 899 of 2019, 897 of 2019, 896 of 2019, 898 of 2019, 869 of 2019, 872 of 2019, 871 of 2019, 893 of 2019, 888 of 2019, 894 of 2019, 889 of 2019, 890 of 2019, 891 of 2019, 892 of 2019, 886 of 2019, 857 of 2019, 856 of 2019, 858 of 2019, 868 of 2019, 867 of 2019, 876 of 2019, 879 of 2019, 878 of 2019,

68 1072-17-FA+.odt 882 of 2019, 1077 of 2017, 1693 of 2019, 866 of 2019, 865 of 2019 and 1695 of 2019, awards passed by the reference Court are partly modified by awarding enhanced compensation at Rs.2,50,000/- per Hectare for Jirayat land, along with statutory benefits. Rest of the award is maintained. (III) In First Appeal Nos.2865 of 2017, 3041 of 2017, 3034 of 2017, 2867 of 2017, 2633 of 2017, 2634 of 2017, 2635 of 2017, 2636 of 2017, 2858 of 2017, 3037 of 2017, 3040 of 2017, 864 of 2019, 873 of 2019, 874 of 2019, 875 of 2019, 877 of 2019, 880 of 2019, 881 of 2019, 887 of 2019, 901 of 2019, awards passed by the reference Court are partly modified by awarding enhanced compensation at Rs.3,75,000/- per Hectare, for seasonally irrigated land and Rs.2,50,000/- per Hectare for Jirayat land, along with statutory benefits. Rest of the award is maintained.

(IV) Claimants to pay deficit court fees, as per rules. 17.

At this stage, learned advocate for respondent No.3 acquiring body seeks stay to this judgment for approaching the Apex Court. The judgment shall remain stayed for a period of eight weeks from today.

(NITIN B. SURYAWANSHI, J.)