The State Of Mah v. Ananda Kadu Gawali
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD FIRST APPEAL NO.1402 OF 2005 Jalgaon U.T.P.H. 1.
Ananda Kadu Gawali, Age - Major, Occu. Agriculture, FIRST APPEAL NO.1403 OF 2005 Shri Jyotmal Totaram Tawar,
FIRST APPEAL NO.1404 OF 2005 Vasant Eknath Sonar, FIRST APPEAL NO.1405 OF 2005 Shri Pralhad Parshuram Wanjari, Age - Major, Occu. Agriculture, FIRST APPEAL NO.1406 OF 2005 Jalgaon U.T.P.H, 1.
Harchand Parshuram Wanjari FIRST APPEAL NO.1408 OF 2005 Jalgaon U.T.P.H. 1.
Shri Kailas Thawarsing Tawar Age - Major, Occu. Agriculture, FIRST APPEAL NO.1410 OF 2005
Shri Vilas Devidas Kale, FIRST APPEAL NO.1411 OF 2005 Smt. Kokilabai Trimbak Wagh, FIRST APPEAL NO.1412 OF 2005 Shri Bhangi Mango Pawar Age - Major, Occu. Agriculture,
FIRST APPEAL NO.1413 OF 2005 Bebibai Mango Koli Age - 62 years, Occu. Agriculturist, Sitaram Mango Koli Age -40 years, Occu. Agriculturist, 3.
Atmaram Mango Koli, Age - 29 years, Occu. Agriculturist, 4.
Shantaram Mango Koli, Age - 25 years, Occu. Agriculturist, 5.
Tulshiram Mango Koli, Age - 21 years, Occu. Agriculturist, 6.
Lilabai w/o. Mango Koli, Age - 42 years, Occu. Agricuturist, 7.
Alkabai w/o Atmaram Sapkale, Age - 37 years, Occu. Agriculturist, 8.
Chandrakalabai w/o Pramod Tayde, Age - 23 years, Occu. Agriculturist, (Appeal is dismissed as against Respondent Nos. 3 and 7 as per Registrar's Court Order dated 09.06.2009) All R/o Khadgaon, Tq. Jamner, ..RESPONDENTS (Ori. Claimants)
FIRST APPEAL NO.1414 OF 2005 Jalgaon U.T.P.H.-1.
Shri Jaising Totaram Tawar, ...
Mr. N.T.Bhagat, AGP for Appellants;
Mr. V.D. Gunale, Advocate for Respondents.
...
CORAM : P.R.BORA, J.
DATE : 23rd May, 2016.
JUDGMENT :
1) When the present group of appeals was taken up for hearing, Shri V.D.Gunale the learned Counsel appearing for the original claimants in all these appeals submitted that, some of the appeals filed against the Judgment and Award passed in the Land Acquisition References, arising out of the same land acquisition
proceedings have been dismissed by this Court vide the Judgment passed on 6th & 7th January, 2016 in First Appeal No.1370/2005 with connected appeals. Learned Counsel submitted that, the lands which were the subject matter of the aforesaid appeals were of village Khadgaon and were acquired for Waghur Irrigation Project. Learned Counsel submitted that, the lands which are the subject matter of the present group of appeals are also from village Khadgaon and were acquired for the same Waghur Irrigation Project. Learned Counsel submitted that, in the concerned Land Acquisition References, the land reference Court had awarded the compensation at the rate of Rs.1.8 lakh per hectare for jirayat land.
Learned Counsel submitted that, in the common Judgment and Award, which is impugned in the present appeals, the Reference Court has awarded the compensation at the same rate of Rs.1.8 lakh for Jirayat land. Learned Counsel submitted that, since First Appeal No.1370/2005 with connected appeals arising out of the same land acquisition proceedings have been dismissed by this Court, the present appeals also deserve to be dismissed for the same reasons assigned in the aforesaid Judgment of this Court.
2) Shri N.T.Bhagat, the learned AGP appearing for the appellants in all the appeals in the present group has not disputed the facts so stated as above by Shri Gunale, the learned Counsel appearing for the original claimants. 3) Shri Gunale has placed on record the copy of the common Judgment delivered by this Court on 6th & 7th January, 2016 in First Appeal No.1370/2005 with connected appeals. On perusal of the said Judgment, it is revealed that, the lands which were the subject matter in the said appeals were acquired for Waghur Irrigation Project and were from village Khadgaon. It is further revealed that, in the said appeals, the reference Court had awarded compensation at the rate of Rs.1.8 lakh per hectare for jirayat land. In the common Judgment and Award impuged in the present appeals also the subject lands were acquired for Wagur Irrigation Project and the said lands are of village Khadgaon. It is further revealed that, in the common Judgment and Award impugned in the present appeals, the Reference Court had awarded the compensation for jirayat land at the same rate of
Rs.1.8 lakh per Hectare.
4) In view of the facts as above, the appeals in the present group also deserve to be dismissed for the reasons assigned by this Court in the judgment delivered in First Appeal No.1370/2005 with connected appeals on 6th & 7th January, 2016 and accordingly the present appeals are dismissed. No order as to costs.
Sd/- (P.R.BORA) JUDGE SPR