The Executive Engineer, Minor Irrigation, Ambajogai v. Bhanudas Sona Bangar And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 3071 OF 2018 WITH CIVIL APPLICATION NO. 4845 OF 2017 1.

Shankar Vithoba Deshmukh (Died- through L.Rs.) 1-A] Lata Mahadev Nimbalkar and others FIRST APPEAL NO. 3070 OF 2018 WITH CIVIL APPLICATION NO.4866 OF 2017 Shivaji Kashinath Raut and others FIRST APPEAL NO. 3072 OF 2018 WITH CIVIL APPLICATION NO. 4858 OF 2017 Mahadeo Bhagwan Bangar and others FIRST APPEAL NO. 3073 OF 2018 WITH CIVIL APPLICATION NO. 4852 OF 2017 Trivenibai Mahadeo Dhas [Died] through L.Rs and others

2 FA-3071-2018+group.doc FIRST APPEAL NO. 3074 OF 2018 WITH CIVIL APPLICATION NO. 4856 OF 2017 Vaibhav Vikas Gaikwad and others FIRST APPEAL NO. 3075 OF 2018 WITH CIVIL APPLICATION NO. 4864 OF 2017 Trimbak Tukaram Gholwe and others FIRST APPEAL NO. 3076 OF 2018 WITH CIVIL APPLICATION NO. 4843 OF 2017 Sadashiv Tukaram Gholwe and others FIRST APPEAL NO. 3077 OF 2018 WITH CIVIL APPLICATION NO.4854 OF 2017 Bhanudas Sona Bangar

3 FA-3071-2018+group.doc FIRST APPEAL NO. 3078 OF 2018 WITH CIVIL APPLICATION NO. 4876 OF 2017 Chintaman Bapurao Dhas and others FIRST APPEAL NO. 3079 OF 2018 WITH CIVIL APPLICATION NO. 4841 OF 2017 Shantabai Ramchandra Gholwe and others FIRST APPEAL NO. 3080 OF 2018 WITH CIVIL APPLICATION NO. 4870 OF 2017 Kalyan Gorakh Kedar and others FIRST APPEAL NO. 3081 OF 2018 WITH CIVIL APPLICATION NO. 4878 OF 2017 Yekant Dagdu Dhas and others

4 FA-3071-2018+group.doc FIRST APPEAL NO. 3082 OF 2018 WITH CIVIL APPLICATION NO. 4862 OF 2017 Babu Tukaram Gholve and others FIRST APPEAL NO. 3083 OF 2018 WITH CIVIL APPLICATION NO. 4872 OF 2017 Bhimrao Venkati Gholwe and others FIRST APPEAL NO. 3084 OF 2018 WITH CIVIL APPLICATION NO. 4868 OF 2017 Vachalabai Madhukar Gholwe and others FIRST APPEAL NO. 3085 OF 2018 WITH CIVIL APPLICATION NO. 4860 OF 2017 Eknath Satwa Dhas [Died] Through his L.Rs.

Kashinath Eknath Dhas and others

5 FA-3071-2018+group.doc FIRST APPEAL NO. 3086 OF 2018 WITH CIVIL APPLICATION NO. 4880 OF 2017 Ramdas Tukaram Gholve and others FIRST APPEAL STAMP NO. 26979 OF 2016 WITH CIVIL APPLICATION NO. 4874 OF 2017 Uttam Dnyanoba @ Dnyandeo Gaikwad & Ors ....

Mr. R. D. Biradar, Advocate for appellant Mr. V. M. Chate, Advocate for respondents claimants Mr. B. V. Virdhe, AGP for the State ....

CORAM : R. G. AVACHAT, J.

DATED : 19th JULY, 2021 PER COURT :- .

The acquiring body has taken exception to the award passed by the Reference Court under Section 18 of the Land Acquisition Act, 1894.

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Shri Biradar, learned Advocate for the appellant - acquiring body would submit that the enhancement of the compensation granted by the Reference Court is manifold. The sale-deeds Exh.20 to 26 relied upon by the Reference Court for enhancement of the compensation, were executed only with a view to have enhanced compensation. The learned Advocate would also submit that the interest has been awarded in breach of law laid down by the Full Bench judgment of this Court in the case of State of Maharashtra vs. Kailash Shiva Rangari - AIR 2016 BOMBAY 141. The learned Advocate, therefore, urged for setting aside of the impugned award.

3.

Learned Advocate for the respondents - claimants supports the impugned award.

4.

Considered the rival submissions. Perused the impugned awards. Also gone through the appeal memos to find that the basic challenge to the impugned awards is to grant of interest from the date of notification under Section 4 of the Act. 5.

Perusal of the impugned awards lead me to make interference therewith the directions contained therein regarding

7 FA-3071-2018+group.doc grant of interest from the date of notification under Section 4 of the Act i.e. 14.04.2005. The Full Bench judgment of this Court in the case of State of Maharashtra v. Kailash Shiva Rangari (supra), has held thus:- "33. (a) If the possession is taken before the notification under Section 4(1) of the Land Acquisition Act is published and/or before the award is passed, the landowner would be entitled for interest as per Section 34 necessarily from the date of passing of the award under Section 11 of the said Act, except in cases where the possession is taken in accordance with Section 17 of the said Act, and in that situation only, the provision of Section 34 of the said Act shall start operating from the date of possession."

6.

Admittedly, possession of the lands has not been taken pursuant to Sections 16 and 17 of the Act. Notification under Section 4 was published on 14.04.2005. The award under Section 11 of the Act has been passed on 11.08.2008. The interest therefore ought to have been awarded from the date of award and not publication of notification under Section 4 of the Act. To this extent, Clause [4] and [5] of the impugned award is modified as under. 7.

The date 20.06.2005 appearing in clause [4] of the impugned award is hereby replaced with the date 11.08.2008 and in clause [5] also the date 20.06.2005 is hereby replaced with the date 11.08.2008.

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Rest of the terms of the impugned award to stand unaltered.

9.

The amount of compensation, if any, deposited with this Court or before the Reference Court, be paid to the claimantsrespondents in terms of the modified award. The excess amount, if any, be paid back to the acquiring body-appellant in these appeals. 10.

The First Appeals are accordingly disposed of. 11.

All the pending civil applications are also disposed of. [ R. G. AVACHAT, J. ] SMS