Vithalrao Yadavrao Patil v. The State Of Maharashtra And ORS

2024:BHC-AUG:16743 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 FIRST APPEAL NO. 1426 OF 2020 PUNDLIK VITHALRAO JADHAV (DIED) THR LRS DNYANOBA AND ORS WITH FIRST APPEAL NO. 2542 OF 2021 HAZARATBI AHEMADSAB WITH FIRST APPEAL NO. 2541 OF 2021 AHEMAD HUSSAIN HYDERSAB WITH FIRST APPEAL NO. 2540 OF 2021 SHADUL SYD. RASOOL 59 FIRST APPEAL NO. 803 OF 2021 VISHNUKANT PUNDLIK JADHAV 60 FIRST APPEAL NO. 986 OF 2021 YAWAR HUSAIN HYDERKHAN THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR, NANDED AND OTHERS 61 FIRST APPEAL NO. 2544 OF 2021 SYD. RASSOL SYD. ISMAIL 64 FIRST APPEAL NO. 137 OF 2022 MAROTI YADAVRAO SURYAWANSHI (DIED) THR LRS KALIDAS AND ORS 65 FIRST APPEAL NO. 138 OF 2022 NARSING SAMBHAJI SURYAWANSHI

( 2 ) 68 FIRST APPEAL NO. 403 OF 2022 MADHAVRAO SHYAMRAO PATIL THR HIS GPA HOLDER EKNATH 69 FIRST APPEAL NO. 412 OF 2022 GANGADHAR YADAVRAO SURYAWANSHI 70 FIRST APPEAL NO. 413 OF 2022 APPARAO PANDURANG SURYAWANSHI (DIED) THR LRS KAUSHABAI AND ORS 71 FIRST APPEAL NO. 416 OF 2022 MAHADU IRBA GADERAO (DIED) THR LRS SHESHRAO AND ANR 72 FIRST APPEAL NO. 418 OF 2022 GUNDABAI PUNDLIKRAO JADHAV THR GPA DNYANOBA PUNDLIK JADHAV 73 FIRST APPEAL NO. 435 OF 2022 NAGORAO ARJUNRAO JADHAV 76 FIRST APPEAL NO. 954 OF 2022 NIVRATI MARUTI HOKARNE 78 FIRST APPEAL NO. 997 OF 2022 VITHALRAO YADAVRAO PATIL 79 FIRST APPEAL NO. 998 OF 2022 RAMRAO SHESHERAO SURYAWANSHI 80 FIRST APPEAL NO. 1022 OF 2022

( 3 ) DIGAMBAR HARIBA SURYAWANSHI (DIED) THR LRS SUSHILABAI AND ORS 81 FIRST APPEAL NO. 1023 OF 2022 GANPATRAO RAMCHANDRA NIRGUDE FIRST APPEAL NO. 2543 OF 2021 IMAMSAAB ISMAILSAAB (DIED) THR. LRS.

Mr.U.B. Bilolikar, Advocate for the appellants. Mr.S.B.Patil, Mr.D.B.Pawar, Mr.V.P.Narwade, Mr. S.W. Munde , Ms.Kalpalata Patil Bharaswadkar Advocate for respondent -Acquiring Body. Mr.A.M. Phule,AGP for respondents-State & SLAO in Sr.No.57 Mr.G.O. Wattamwar, AGP for respondents-State & SLAO in Sr.No.59,68,76 Ms.M.N. Ghanekar, AGP for respondents-State & SLAO in,Sr. No.60,69 FA/2543/21 Mr.S.K. Shirse, AGP for respondents-State & SLAO in Sr.No.61,70,78 Mr.V.M.Chate, AGP for respondents-State & SLAO in Sr.No.64,71,79 Ms.M.L. Sangit, AGP for respondents-State & SLAO in Sr.No.65,72,80 Ms.A.S. Mantri, AGP for respondents-State & SLAO in Sr.No.73,81.

CORAM

: KISHORE C. SANT, J.

DATE : 31.07.2024 PC :- 01.

First Appeal No.2543 of 2021 is not on Board. Taken on Board.

02.

These appeals filed by the claimants arise out of the same acquisition proceedings for the purpose of Lendi project. The SLAO passed award on 30.03.2003 and awarded compensation to the claimants-appellant to the extent of their acquired land. The appellants

( 4 ) approached the Reference Court by filing reference under section 18 of the Land Acquisition Act.

03.

The learned Reference Court considered the evidence of both the parties and enhanced the compensation ranging between 27.5% to 40%. The details of LAR Numbers, Gat Numbers, measurement of land acquired, date of award by Reference Court, the amount awarded by the SLAO and the amount awarded by Reference Court in tabular form are as under :- (Amt. in Rupees) Sr.

No.

F.A. No.

LAR No.

Gat No.

Land Acquired Ref.Court award dt.

Amt.awarded by SLAO.

Amt.awarded by Reference Court 1426/2020 256/2007 47/6 50 R 1 H 80 R 27.12.2018 257282.00 342185.00 2540/2021 49/2005 186/2 60R 29.08.2016 37759.00 49086.00 2541/2021 52/2005 186/1 58R 07.09.2016 40621.00 52807.00 2542/2021 47/2005 186/3 81R 10.06.2016 51296.00 66684.00 803/2021 264/2007 47/6 1H 11R 40R 25.03.2019 84599.00 109988.00 986/2021 91/2009 1H 46R 08.01.2020 95937.00 134312.00 2544/2021 51/2005 95/1 1H 28R 62 R 07.09.2016 40300.00 93377.00 52390.00 121390.00 137/2022 277/2007 1H 56R 81R 02.05.2017 95384.00 56665.00 123999.00 73664.00 138/2022 301/2007 118/1 46R 23.02.2016 30297.00 39386.00 403/2022 302/2007 2H 89R 24.02.2016 182938.00 237819.00 412/2022 298/2007 2H 82R 04.01.2017 186872.00 242933.00 413/2022 289/2007 79/1/2 22/3 1H 10R 68R 02.01.2017 66000.00 51944.00 85800.00 67527.00 416/2022 293/2007 1H 98R 24.07.2015 237389.00 308605.00 418/2022 253/2007 47/6 1H 11R 40R 21.02.2018 84732.00 110152.00 435/2022 288/2007 159/2 1H 04.01.2017 73580.00 95654.00

( 5 ) 1H 97R 264303.00 343593.00 954/2022 268/2007 80/2 57R 21.01.2016 49369.00 64179.00 997/2022 281/2007 1H 03 R 22.01.2016 65045.00 84558.00 998/2022 286/2007 95/2 104/3 62R 60R 09.03.2017 40300.00 38365.00 52390.00 49874.00 1022/2022 294/2007 1H 02R 27.01.2016 82809.00 107651.00 1023/2022 275/2007 113/3 1H 22R 04.08.2015 78665.00 102264.00 2543/2021 46/2005 37R 08.06.2016 24050.00 31265.00 04.

The learned Advocate for the appellants though argued the matters on merits, also placed on record copy of common judgment and award passed in First Appeal No.2036 of 2021 along with two other First Appeals. He submits that these First Appeals are also arising out of the same project and from the same village. This Court in the said First Appeals increased the compensation from 30% to 70% of the rate granted by the learned SLAO by considering the appeals on merits. In these appeals, the appellants therein had also produced additional evidence while deciding the appeals. The learned Advocate for the appellants submits that the respondent acquiesced to the said judgment and award passed by this Court in the First Appeals. No SLP is preferred against said judgment. He thus submits that the said judgment is applicable to the present appeal. The appellants are ready to accept the enhancement of 70% of the rate awarded by the learned SLAO. 05.

The appeals are opposed by the learned Advocate appearing

( 6 ) for the acquiring body and also by the learned AGPs. However, they accept the position that the First Appeal No.2036 of 2021 was arising out of the same acquisition proceeding.

06.

This Court considered that since the said judgment and award in First Appeal No. 2036 of 2021 is acquiesced by the acquiring body, these appeals can also be disposed off in view of the judgment passed in the said appeal with connected matters on 02.05.2022. Hence, following order :-

ORDER

(i) The appeals are partly allowed.

(ii) The amount of compensation granted by the Reference Court is enhanced from 30% to 70%.

(iii) Rest of the terms of the impugned award to stand unaltered, provided the interest shall be awarded from the date of the award.

(iv) There is delay is preferring the present appeal. The appellant, therefore, shall not be entitled for component of interest or any other monetary benefit for the period from the date of impugned award for delayed period.

[KISHORE C. SANT, J.] snk/2024/JUL24/fa1426.20