Atmaram Raoji Patil v. The Special Land Acquisition Officer (2) U.T.P.H. Jalgaon And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ...

FIRST APPEAL ST. NO.28231/2015 WITH FIRST APPEAL ST. NO.28899/2015 WITH FIRST APPEAL ST. NO.28901/2015 WITH FIRST APPEAL ST. NO.28905/2015 WITH FIRST APPEAL ST. NO.28910/2015 WITH FIRST APPEAL ST. NO.28908/2015 WITH FIRST APPEAL ST. NO.28879/2015 WITH FIRST APPEAL ST. NO.28233/2015 WITH FIRST APPEAL ST. NO.28871/2015 WITH FIRST APPEAL ST. NO.28875/2015 WITH FIRST APPEAL ST. NO.28881/2015 WITH FIRST APPEAL ST. NO.28887/2015 WITH FIRST APPEAL ST. NO.28890/2015 WITH FIRST APPEAL ST. NO.28239/2015 WITH FIRST APPEAL ST. NO.28265/2015 WITH FIRST APPEAL ST. NO.28944/2015 WITH FIRST APPEAL ST. NO.28942/2015 WITH FIRST APPEAL ST. NO.28940/2015 WITH FIRST APPEAL ST. NO.28937/2015 WITH FIRST APPEAL ST. NO.28919/2015 WITH FIRST APPEAL ST. NO.28928/2015 WITH FIRST APPEAL ST. NO.28805/2015 WITH FIRST APPEAL ST. NO.28809/2015 WITH FIRST APPEAL ST. NO.

28797/2015 WITH FIRST APPEAL ST. NO.28800/2015 WITH FIRST APPEAL ST. NO.28790/2015 WITH FIRST APPEAL ST. NO.28793/2015 WITH FIRST APPEAL ST. NO.28803/2015 WITH FIRST APPEAL ST. NO.28785/2015 WITH FIRST APPEAL ST. NO.28952/2015 WITH FIRST APPEAL ST. NO.28811/2015 WITH FIRST APPEAL ST. NO.28814/2015 WITH FIRST APPEAL ST. NO.28819/2015 WITH FIRST APPEAL ST. NO.28816/2015 WITH FIRST APPEAL ST. NO.28828/2015 WITH FIRST APPEAL ST. NO.28826/2015 WITH FIRST APPEAL ST. NO.

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER (2) U.T.P.H. JALGAON AND ANOTHER ...

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...

Advocate for Appellant : Mr. Kale Ajeet B.

AGP for Respondents: Mr. S. P. Sonpawale Advocate for Respondents : Mrs. Chetali Kutti Choudhari ...

CORAM

: S. V. GANGAPURWALA, J.

DATE :

21st October, 2015 PER COURT :

1.

All these matters deal with acquisition of the properties of the claimants on account of submergence of area under Waghur Dam.

2.

Vide Judgment and Order dt. 19.12.2013, I have disposed of group of First Appeals bearing First Appeal No. 3060 of 2013 with connected first appeals, thereby upholding the valuation made by the reference Court in respect of the land at Rs. 600/- per R, however, had granted enhancement of compensation in respect of the structures, wherein the valuer's report was considered by this Court and had deducted 10% from the said valuer's report. In para 7, 8 and 9, I have observed as under : "7. The Court has appreciated the evidence on record and had come to the conclusion that he accepts the valuation report. But then no reason is given for deducting the amount in some of the matters upto 60% to 75% and in majority of matters 25%.

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8. There may be some error. To work out the said margin of error, some deduction would be permissible from the amount as suggested by the valuer. Considering the fact that, the properties acquired are lands and small houses the margin of error would also be less.

9. In the light of the above, it would be appropriate to deduct 10% from the valuation as shown by the expert."

3.

Mrs Kutti, learned Counsel appearing on behalf of the acquiring body in respective appeals, accept that this Court had disposed of some of the appeals bearing First Appeal No. 3060 of 2013 along with connected appeals, vide judgment and order dt. 19.12.2013, in respect of the same acquisition.

4.

In light of the above, I pass the following order:

ORDER

i.

The claimants in all these appeals would be entitled for the compensation of the acquired land at the rate of Rs. 600/- per square meter for open piece of land as given by the reference Court and for house properties acquired as per the chart given below along with the statutory benefits as 3/5

awarded by the reference Court.

CHART Sr.

No.

Name of Party First Appeal St.No.

L.A.R.

No.

10 % Deduction Nadarbai Shenfadu Patil 28811/15 632/2005 Ganesh Dhanraj Patil (Died) Through L.Rs.

Dhanraj Shankarrao Patil & another 28824/15 633/2005 Shivaji Shenfadu Patil 28819/15 634/2005 Atmaram Tukaram patil & 28828/15 636/2005 another Dnyaneshwar Hari Patil 28814/15 638/2005 Sambhaji Rajaram Patil 28826/15 639/2005 Totaram Tukaram Patil 28816/15 640/2005 Anna Ramlal Patil, Bebabai Ramlal Patil (Guardian of Anna Ramlal Patil) 28239/15 604/05 Dhanraj Shankarrao Patil 28881/15 607/05 Ashok Shenfadu Patil 28890/15 614/05 Jankiram Sitaram Patil 28887/15 615/05 Ramesh Ramdhan Patil 28803/15 529/05 Ramesh Keshav Baviskar (Patil) 28785/15 530/05 - Vatsalabai Ramlal Patil 28809/15 531/05 Sanjay Bhaulal Patil 28797/15 532/05 Shamrao Keshav Patil 28793/15 533/05 Indubai Totaram Patil 28790/15 534/05 Yuvraj Tapiram Patil 2805/15 535/05 Chindhu Lotu Patil (Died) Thr. L.R.

Indubai Chindhu Chavan + Anantrao +Bhagwan+ Ashabai Bharat Wagh (others) 28952/15 536/05 Namdeo Keshav Patil 28800/15 537/05 Suresh Shenfadu Patil 28233/15 605/05 4/5

Nirmalabai Shriram Patil 28879/15 641/05 Mango Sitaram Patil 28875/15 642/05 Santosh Vithoba Patil 28871/15 643/05 Trambak Motiram Patil 28265/15 557/05 Prakash Shenfadu Sonwane 28940/15 558/05 Digambar Shriram Patil 28937/15 578/05 Mathurabai Tukaram Chavan 28928/15 579/05 Subhash Shenfadu Sonwane 28919/15 580/05 Pundlik Keshav Patil 28942/15 581/05 Arjun Damu Patil 28944/15 582/05 Atmaram Raoji Patil 28231/15 553/05 Baliram Ramdhan Patil 28910/15 554/05 Supdabai Rangnath Patil 28899/15 556/05 Sindhubai Dhanraj Patil 28908/15 629/05 Rajaram Sitaram Patil 28905/15 677/05 Ishwar Ramdhan Patil 28901/15 681/05 ii.

The respondents shall pay the compensation amount to the claimants as per the above chart in respect of the house properties and at a rate of Rs. 600/- per square meter for open land along with all statutory benefits as held by the reference Court. iii.

In respect of enhanced compensation amount, the claimants would not be entitled for the statutory benefits on the enhanced compensation amount for the delayed period i.e from December-2009 till October 2013 as per the undertaking given by them. iv.

First Appeals stand partly allowed however, with no order as to costs.

( S. V. GANGAPURWALA, J. ) JPC 5/5