Kashinath Vishnu Shirude v. The Collector Dhue And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
66. CIVIL APPLICATION NO.11300 OF 2023 IN FIRST APPEAL STAMP NO.22629 OF 2023 FIRST APPEAL STAMP NO.22629 OF 2023 Kesharbai Mansing Girase, Age : 87 years, Occ : Agriculture, R/o. Divi, Tal. Shindkheda, Dist:Dhule.
..APPELLANT Dhule Medium Irrigation Project Department No.1, Dhule.
Mr.A.B.Kale, Advocate for the applicant-appellant. Mr.K.N.Lokhande, AGP for the respondent-State Mrs.Manjusha S. Jagtap-Ware, Advocate for the respondent no.3.
...
67. CIVIL APPLICATION NO.11301 OF 2023 IN FIRST APPEAL STAMP NO.22848 OF 2023 FIRST APPEAL STAMP NO.22848 OF 2023 Pundlik Suka Chaudhari [died] Through LRs
Ashok Pundlik Chaudhari Age: 43 years, Occ : Agriculture Suresh Pundlik Chaudhari Age: 40 years, Occ : Agriculture Rekhabai Pundlik Chaudhari Age: 38 years, Occ : Agriculture / Household 4] Sunitabai Prakash Chaudhari Age: 34 years, occ : Agriculture / Household. 5] Anitabai Shankar Chaudhari, Age: 32 years, Occ : Agriculture / Household 6] Khatabai Pundlik Chaudhari Age: 69 years, Occ: Agriculture / Household All R/o : Divi, Tal. Shindkheda, Dist:Dhule.
.. APPELLANTS [Original Claimants] The Special Land Acquisition Officer, Medium Irrigation Project, Dhule Tal. & Dist: Dhule Dhule Medium Irrigation, Project No.1, For the Divi Village - Wadi Shewadi, Medium Project, Divi, Tal : Shindkheda, Sinchan Bhavan, Sakri Road, Dhule Collector Office, Dhule Tal.& Dist: Dhule.
.. RESPONDENTS
Mr.A.B.Kale, Advocate for the appellant.
Ms.R.P.Gaur, AGP for the respondent-State Mrs.Manjusha S. Jagtap-Ware, Advocate for the respondent no.2.
68. CIVIL APPLICATION NO.11302 OF 2023 IN FIRST APPEAL STAMP NO.23052 OF 2023 FIRST APPEAL STAMP NO. 23052 OF 2023 Suka Kalu Girase (died) Through LRs Komalsing Suka Girase Age: 67 years, Occ : Agriculture Rajendra Suka Girase Age: 65 years, Occ : Agriculture Ganpat Suka Girase Age: 60 years, Occ : Agriculture 4] Indubai Ranjitsing Girase Age: 63 years, Occ : Household 5] Nankorbai Suka Girase Age: 85 years, Occ : Nil All R/o : Divi, Tal : Shindkheda, APPELLANTS [Original Claimants]
Dhule Medium Irrigation Project Department No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.N.T.Bhagat, AGP for the respondent-State Mrs.Manjusha S. Jagtap-Ware, Advocate for the respondent no.3.
69. CIVIL APPLICATION NO.11303 OF 2023 IN FIRST APPEAL STAMP NO.23045 OF 2023 FIRST APPEAL STAMP NO. 23045 OF 2023 Pandharinath Vishnu Wani (Shirude) Age: 79 year, Occ : Agriculture APPELLANTS Dhule Medium Irrigation Division No.1, Dhule.
.. RESPONDENTS Mr.A.B.Kale, Advocate for the applicant - appellant. Mr.B.V.Virdhe, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
70. CIVIL APPLICATION NO.11304 OF 2023 IN FIRST APPEAL STAMP NO.22942 OF 2023 FIRST APPEAL STAMP NO. 22942 OF 2023 Pandit Aadhar Mistari (died) Through LRs Ramesh Pandit Sutar Age: 62 years, Occ : Agriculture Ranjeet @ Ranju Pandit Sutar Age: 58 years, Occ : Agriculture Ravindra Pandit Sutar Age: 60 years, Occ : Agriculture / Household All R/o : Divi, Tal : Shindkheda, 4] Mangla Pitamber Sutar Age: 64 years, Occ : Agriculture / Household R/o. Kandewali, Mumbai 5] Sangita @ Asha Rajendra Wagh Age: 56 years, Occ : Agriculture / Household R/o. Vadgaon, Tal : Haweli 6] Yamunabai Pandit Sutar Age: 83 years, Occ : Agriculture / Household APPELLANTS [Original Claimants] The Special Land Acquisition Officer, Medium Irrigation Project, Dhule
Tal. & Dist: Dhule Dhule Medium Irrigation, Project No.1, For the Divi Village - Wadi Shewadi, Medium Project, Divi, Tal : Shindkheda, Sinchan Bhavan, Sakri Road, Dhule Collector Office, Dhule Tal.& Dist: Dhule.
.. RESPONDENTS Mr.A.B.Kale, Advocate for the appellant.
Mr.K.B.Jadhavar, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
71. CIVIL APPLICATION NO.11305 OF 2023 IN FIRST APPEAL STAMP NO.22636 OF 2023 FIRST APPEAL STAMP NO. 22636 OF 2023 Hiraman Dewaji Chaudhari Age: 79 years, Occ : Agriculture The Special Land Acquisition Officer, Medium Irrigation Project, Dhule Tal. & Dist: Dhule Dhule Medium Irrigation, Project No.1, For the Divi Village - Wadi Shewadi, Medium Project, Divi, Tal : Shindkheda,
Sinchan Bhavan, Sakri Road, Dhule Collector Office, Dhule Tal.& Dist: Dhule.
.. RESPONDENTS Mr.A.B.Kale, Advocate for the appellant.
Mr.K.N.Lokhande, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
90. FIRST APPEAL STAMP NO. 18483 OF 2023 Sitabai Himmat Malache (Bhil) Age: 65 years, Occ : Household Dhule Medium Irrigation Division No.1, Dhule.
Mr.B.K.Pawar, Advocate holding for Mr.A.B.Kale, Advocate for the appellant.
Mr.K.B.Jadhavar, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
91. FIRST APPEAL STAMP NO. 18480 OF 2023 Aasaram Deoram Bhil (died) Through LR Sojabai Aasaram Bhil Age: 55 years, Occ : Household Dhule Medium Irrigation Division No.1, Dhule.
Mr.B.K.Pawar, Advocate holding for Mr.A.B.Kale, Advocate for the appellant.
Mr.K.N.Lokhande, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
92. FIRST APPEAL STAMP NO. 18482 OF 2023 Sanjay Shama Bhil Age: 35 year, Occ : Agriculture
Dhule Medium Irrigation Division No.1, Dhule.
Mr.B.K.Pawar, Advocate holding for Mr.A.B.Kale, Advocate for the appellant.
Ms.R.P.Gaur, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
93. FIRST APPEAL STAMP NO. 18422 OF 2023 Bharatsing Narayansing Girase Age: 56 years, Occ : Agriculture Dhule Medium Irrigation Division No.1, Dhule.
Mr.B.K.Pawar, Advocate holding for Mr.A.B.Kale, Advocate for the appellant.
Mr.N.T.Bhagat, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
94. FIRST APPEAL STAMP NO. 18424 OF 2023 Sadashiv Natha Bhil (died) Through LR Banabai Sadashiv Thakare (Bhil) Age: 55 year, Occ : Agriculture Dhule Medium Irrigation Division No.1, Dhule.
Mr.B.K.Pawar, Advocate holding for Mr.A.B.Kale, Advocate for the appellant.
Mr.B.V.Virdhe, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
95. FIRST APPEAL STAMP NO. 18477 OF 2023 Dalpat Paulat Girase Age: 67 year, Occ : Agriculture
Dhule Medium Irrigation Division No.1, Dhule.
Mr.B.K.Pawar, Advocate holding for Mr.A.B.Kale, Advocate for the appellant.
Mr.K.B.Jadhavar, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
96. FIRST APPEAL STAMP NO. 18474 OF 2023 Ananda Kautik Pawar, Age: 53 year, Occ : Agriculture
Dhule Medium Irrigation Division No.1, Dhule.
Mr.B.K.Pawar, Advocate holding for Mr.A.B.Kale, Advocate for the appellant.
Mr.K.N.Lokhande, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
97. FIRST APPEAL STAMP NO.18433 OF 2023 Sukdeo Tanaku Malche (Bhil) Age: 50 years, Occ : Agriculture Dhule Medium Irrigation Division No.1, Dhule.
Mr.B.K.Pawar, Advocate holding for Mr.A.B.Kale, Advocate for the appellant.
Ms.R.P.Gaur, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
98. FIRST APPEAL STAMP NO. 18419 OF 2023
Daga Nago Girase Age: 65 years, Occ : Agriculture Dhule Medium Irrigation Division No.1, Dhule.
Mr.B.K.Pawar, Advocate holding for Mr.A.B.Kale, Advocate for the appellant.
Mr.N.T.Bhagat, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
99. FIRST APPEAL STAMP NO. 18476 OF 2023 Bandu Fakira Bhil (Died) Through LR Lilabai Bandu Bhil (Malche), Age: 70 years, Occ : Household
Dhule Medium Irrigation Division No.1, Dhule.
Mr.B.K.Pawar, Advocate holding for Mr.A.B.Kale, Advocate for the appellant.
Mr.B.V.Virdhe, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3.
106. CIVIL APPLICATION NO.11382 OF 2023 IN FIRST APPEAL STAMP NO. 5816 OF 2023 FIRST APPEAL STAMP NO. 5816 OF 2023 Gulchand Shivram Bhil (Malche), Age: 54 years, Occ : Agriculture, Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the applicant - appellant. Mr.B.V.Virdhe, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
107. CIVIL APPLICATION NO.11383 OF 2023 IN FIRST APPEAL STAMP NO. 5819 OF 2023 FIRST APPEAL STAMP NO. 5819 OF 2023 Vijay Mahadu Pawar Age: 49 years, Occ : Agriculture, Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the applicant-appellant. Mr.K.B.Jadhavar, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
108. CIVIL APPLICATION NO.11384 OF 2023 IN FIRST APPEAL STAMP NO. 5822 OF 2023
FIRST APPEAL STAMP NO. 5822 OF 2023 Malya Lalya Bhil (died) Through LRs Fulabai Malya Malche, Age: Major, Occ : Agriculture, Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.K.N.Lokhande, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
109. CIVIL APPLICATION NO.11385 OF 2023 IN FIRST APPEAL STAMP NO. 5805 OF 2023 FIRST APPEAL STAMP NO. 5805 OF 2023 Bhura Shivram Chavhan (Bhil), Age: 54 year, Occ : Agriculture,
Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Ms.R.P.Gaur, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
110. CIVIL APPLICATION NO.11386 OF 2023 IN FIRST APPEAL STAMP NO. 5813 OF 2023 FIRST APPEAL STAMP NO. 5813 OF 2023 Nhanbhau Goju Bhil (Malche), Age: 56 years, Occ : Agriculture, Dhule Medium Irrigation Division
No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.N.T.Bhagat, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
111. CIVIL APPLICATION NO.11387 OF 2023 IN FIRST APPEAL STAMP NO. 8841 OF 2023 FIRST APPEAL STAMP NO. 8841 OF 2023 Kamalbai Chindha Girase, Age: 66 years, Occ : Agriculture, Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.B.V.Virdhe, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
112. CIVIL APPLICATION NO.11388 OF 2023 IN FIRST APPEAL STAMP NO. 5803 OF 2023 FIRST APPEAL STAMP NO. 5803 OF 2023 Kashinath Vishnu Shirude, Age: 77 year, Occ : Agriculture, Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.K.B.Jadhavar, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
113. CIVIL APPLICATION NO.11389 OF 2023 IN FIRST APPEAL STAMP NO. 5826 OF 2023 WITH FIRST APPEAL STAMP NO. 5826 OF 2023 Sanjay Suka Pawar Age: 52 year, Occ : Agriculture,
Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.K.N.Lokhande, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
114. CIVIL APPLICATION NO.11392 OF 2023 IN FIRST APPEAL STAMP NO. 8785 OF 2023 FIRST APPEAL STAMP NO. 8785 OF 2023 Chindha Guman Girase, Age: 66 years, Occ : Agriculture,
Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the applicant - appellant. Ms.R.P.Gaur, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
116. CIVIL APPLICATION NO.11404 OF 2023 IN FIRST APPEAL STAMP NO. 8782 OF 2023 FIRST APPEAL STAMP NO. 8782 OF 2023 Motilal Gulchand Bhil (Chavhan) Age: 42 years, Occ : Agriculture, Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.B.V.Virdhe, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
117. CIVIL APPLICATION NO.11405 OF 2023 IN FIRST APPEAL STAMP NO. 8839 OF 2023 FIRST APPEAL STAMP NO. 8839 OF 2023 Bhiva Shivram Chavhan (Bhil), Age: 58 year, Occ : Agriculture, Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the applicant - appellant. Mr.K.B.Jadhavar, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
118. CIVIL APPLICATION NO.11406 OF 2023 IN FIRST APPEAL STAMP NO. 8840 OF 2023 WITH FIRST APPEAL STAMP NO. 8840 OF 2023 Bapu Ratan More (Bhil) Age: 66 years, Occ : Agriculture,
Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.K.N.Lokhande, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
119. CIVIL APPLICATION NO.11407 OF 2023 IN FIRST APPEAL STAMP NO. 8783 OF 2023 FIRST APPEAL STAMP NO. 8783 OF 2023 Jaipal Chindha Girase Age: 47 year, Occ : Agriculture,
Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Ms.R.P.Gaur, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
120. CIVIL APPLICATION NO.11408 OF 2023 IN FIRST APPEAL STAMP NO. 8843 OF 2023 FIRST APPEAL STAMP NO. 8843 OF 2023 Chindha Guman Girase Age: 66 years, Occ : Agriculture, Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.N.T.Bhagat, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
121. CIVIL APPLICATION NO.11409 OF 2023 IN FIRST APPEAL STAMP NO. 5807 OF 2023 FIRST APPEAL STAMP NO. 5807 OF 2023 Diwan Bandu @ Sukhram Malche (Bhil) Age: 57 years, Occ : Agriculture, Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.B.V.Virdhe, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
122. CIVIL APPLICATION NO.11410 OF 2023 IN FIRST APPEAL STAMP NO. 5810 OF 2023 WITH FIRST APPEAL STAMP NO. 5810 OF 2023 Haribhau Keshav Shirude (Wani), Age: 64 years, Occ : Agriculture,
Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.K.B.Jadhavar, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
123. CIVIL APPLICATION NO.11411 OF 2023 IN FIRST APPEAL STAMP NO. 5800 OF 2023 FIRST APPEAL STAMP NO. 5800 OF 2023 Pratapsing Bhilesing Girase, Age: 58 years, Occ : Agriculture,
Dhule Medium Irrigation Division No.1, Dhule.
Mr.A.B.Kale, Advocate for the appellant.
Mr.K.N.Lokhande, AGP for the respondent-State Mrs.Manjusha S.Jagtap-Ware, Advocate for the respondent no.3.
CORAM : ARUN R. PEDNEKER, J.
DATE : 11.09.2023 P.C. :
A] ORDER IN CIVIL APPLICATIONS FOR DELAY The present Civil Applications are filed to condone the delay in filing the First Appeals. The delay in these matters has not exceeded 330 days.
For the reasons stated in the Civil Applications, the same are allowed. Delay is condoned. Civil Application are disposed of accordingly.
B] ORDER IN CIVIL APPLICATIONS FOR RESTORATION OF FIRST APPEALS :
The present Civil Applications are filed to restore the First Appeals by condoning the delay in filing the present Civil Applications.
For the reasons stated in the Civil Applications, the same are allowed. Delay is condoned in filing the Civil Applications. The First Appeals are restored to its original position. Civil Applications are disposed of accordingly. C] ORDER IN FIRST APPEALS Heard the learned counsel for the appellants. The appellants - original claimants have challenged the respective impugned awards passed by the Reference Court in these First Appeals.
The learned counsel for the appellants submits that in the identical matters arising out of the same acquisition proceedings, this Court, by order dated 17th July, 2023 in First Appeal No.1135 of 2023 along with connected matters has passed the following orders, which reads thus : 1.
Heard rival submissions.
2.
All these appeals are filed by the respective appellants - claimants challenging the respective impugned judgments and awards passed by the learned Civil Judge Senior Division, Dhule in their respective Land Acquisition References.
3.
It is brought to the notice by the
learned Counsel - Mr.A.B.Kale for the appellants - claimants that the other connected matters arising out of the same acquisition were already settled in Lok Adalat dated 8th February, 2020 by way of compromise between the appellants - claimants therein and the respondent - acquiring body. It was decided at the relevant time that, acquiring body had accepted to pay compensation amounts in respect of house properties mentioned therein to the extent 85% of the valuation reports filed before the learned Reference Court within a period of one year from the date of compromise. Further, it was also agreed by the appellants - claimants therein to accept the interest under Section 20 of the Land Acquisition Act from the date of award instead of date of notification.
4.
It is significant to note that, in view of the said compromise or settlement in the aforesaid Lok Adalat dated 8th February, 2020, this Court vide order dated 27th April, 2023 also disposed off bunch of appeals namely First Appeal No.3738 of 2019 and others arising out of same acquisition, on the same conditions.
5.
The respective learned Counsel for the respondent - acquiring body in all these appeals also accepted the aforesaid fact of compromise and prayed for disposing the appeals on the same terms and conditions.
6.
In view of the same, following order is passed:
ORDER
(i) All these appeals are partly allowed and the respondent - acquiring body shall pay compensation amount to all these appellants - claimants in respect of their house properties mentioned therein at the rate of 85% of the valuation report submitted by these appellants before the learned Reference Court.
(ii) The respondent - acquiring body shall pay the interest under Section 28 of the Land Acquisition Act from the date of award.
(iii) The respondent - acquiring body shall deposit the amount of enhanced compensation as aforesaid, within a period of one year from the date of this order directly in Reference Court and on such deposit, all these appellants - claimants are permitted to withdraw their respective amounts of compensation alongwith the interest.
(iv) In case the payment is delayed by the respondent - acquiring body even after period of one year then it shall carry the statutory interest till its realization.
(v) The concerned appellants - claimants are directed to pay the deficit Court fees, if any, at the time of modification of awards.
(vi) The awards be modified accordingly
and the pending Civil Applications, if any, also stand disposed of.
The learned counsel appearing for the respondents have not disputed the fact that the present appeals are identical to the First Appeal No.1135 of 2023 and connected matters.
4] In view of the same, I pass the following order :
ORDER
i] All these appeals are partly allowed and the respondent - acquiring body shall pay compensation amount to all these appellants - claimants in respect of their house properties mentioned therein at the rate of 85% of the valuation report submitted by these appellants before the learned Reference Court.
ii] The respondent - acquiring body shall pay the interest under Section 28 of the Land Acquisition Act from the date of award.
iii] The respondent - acquiring body shall deposit the amount of enhanced compensation as aforesaid, within a period of one year from the date of this order directly in Reference Court and on such deposit, all these appellants -
claimants are permitted to withdraw their respective amounts of compensation alongwith the interest. iv] In case the payment is delayed by the respondent - acquiring body even after period of one year then it shall carry the statutory interest till its realization. v] The concerned appellants - claimants are directed to pay the deficit Court fees, if any, at the time of modification of awards.
vi] The awards be modified accordingly and the pending Civil Applications, if any, also stand disposed of. [ARUN R. PEDNEKER] JUDGE DDC