The State Of Maharashtra And ORS v. Namdeo Balram Gomare

2025:BHC-AUG:35939-DB 1 FA-3719-19(R).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1752 OF 2022 Kishor S/o Ramrao Mangalgire Age : 45 years, Occ : Agri., R/o Babhalgaon, Tq. and Dist. Latur.

..APPELLANT The State of Maharashtra Through the District Collector, Latur, Tq. & Dist. Latur.

The Spl. Land Acquisition Officer, Minor Irrigation Work, Latur, Tq. & Dist. Latur.

Minor Irrigation, Local Section Latur, Tq. & Dist. Latur.

FIRST APPEAL NO. 1750 OF 2022 Rukminbai Narayan Kukale (Deceased through L.Rs.) Balasaheb S/o Narayan Kukale Age : 35 years, Occ : Pvt. Service & Agri., R/o Babhalgaon, Tq. and Dist. Latur.

..APPELLANT The State of Maharashtra Through the District Collector, Latur, Tq. & Dist. Latur.

The Spl. Land Acquisition Officer, Minor Irrigation Work, Latur, Tq. & Dist. Latur.

Minor Irrigation, Local Section Latur, Tq. & Dist. Latur.

2 FA-3719-19(R).odt FIRST APPEAL NO. 1751 OF 2022 Kamalbai S/o Laxman Shrigandhe Age : 53 years, Occ : Agri., R/o Babhalgaon, Tq. and Dist. Latur.

..APPELLANT The State of Maharashtra Through the District Collector, Latur, Tq. & Dist. Latur.

The Spl. Land Acquisition Officer, Minor Irrigation Work, Latur, Tq. & Dist. Latur.

Minor Irrigation, Local Section Latur, Tq. & Dist. Latur.

FIRST APPEAL NO. 1749 OF 2022 Namdeo S/o Balram Gomare Age : 50 years, Occ : Agri., R/o Babhalgaon, Tq. and Dist. Latur.

..APPELLANT The State of Maharashtra Through the District Collector, Latur, Tq. & Dist. Latur.

The Spl. Land Acquisition Officer, Minor Irrigation Work, Latur, Tq. & Dist. Latur.

Minor Irrigation, Local Section Latur, Tq. & Dist. Latur.

FIRST APPEAL NO. 1656 OF 2022 Govind Nivrutti Mashal

3 FA-3719-19(R).odt Age : 62 years, Occ : Agri., R/o Babhalgaon, Tq. and Dist. Latur.

..APPELLANT The State of Maharashtra Through the District Collector, Latur, Tq. & Dist. Latur.

The Spl. Land Acquisition Officer, Minor Irrigation Work, Latur, Tq. & Dist. Latur.

Minor Irrigation, Local Section Latur, Tq. & Dist. Latur.

FIRST APPEAL NO. 1659 OF 2022 Yenka S/o Sakharam Shelke Age : 65 years, Occ : Agri., R/o Dhanegaon, Tq. and Dist. Latur.

..APPELLANT The State of Maharashtra Through the District Collector, Latur, Tq. & Dist. Latur.

The Spl. Land Acquisition Officer, Minor Irrigation Work, Latur, Tq. & Dist. Latur.

Minor Irrigation, Local Section Latur, Tq. & Dist. Latur.

FIRST APPEAL NO. 1658 OF 2022 Trimbak S/o Bapurao Shelke (Died) Through L.Rs.

Trivenibai Trimbak Shelke Age : 60 years, Occ : Agri.

(Died Through L.Rs. Appellant Nos.2 to 5 already on record) (Deleted as per Ld. Registrar (Judicial)

4 FA-3719-19(R).odt order dated 21.01.2025) Pushpa Sugriv Kale Age : 40 years, Occ : Agri., Saraswati Pandurang Mane Age : 35 years, Occ : Agri., 4.

Sundar Laxman Kaspate Age : 40 years, Occ : Agri., 5.

Gorakhnath Trimbak Shelke Age : 27 years, Occ : Agri., All R/o Dhanegaon, Tq. & Dist. Latur.

..APPELLANTS The State of Maharashtra Through the District Collector, Latur, Tq. & Dist. Latur.

The Spl. Land Acquisition Officer, Minor Irrigation Work, Latur, Tq. & Dist. Latur.

Minor Irrigation, Local Section Latur, Tq. & Dist. Latur.

FIRST APPEAL NO. 1660 OF 2022 Arun S/o Lingram Chamle Age : 62 years, Occ : Agri., R/o Dhanegaon, Tq. and Dist. Latur.

..APPELLANT The State of Maharashtra Through the District Collector, Latur, Tq. & Dist. Latur.

The Spl. Land Acquisition Officer, Minor Irrigation Work, Latur, Tq. & Dist. Latur.

5 FA-3719-19(R).odt Minor Irrigation, Local Section Latur, Tq. & Dist. Latur.

FIRST APPEAL NO. 1657 OF 2022 Bhagwat S/o Raosaheb Boyane Age : 60 years, Occ : Agri., R/o Babhalgaon, Tq. and Dist. Latur.

..APPELLANT The State of Maharashtra Through the District Collector, Latur, Tq. & Dist. Latur.

The Spl. Land Acquisition Officer, Minor Irrigation Work, Latur, Tq. & Dist. Latur.

Minor Irrigation, Local Section Latur, Tq. & Dist. Latur.

...

Mr. P.P. More h/f Mr. Y.K. Bobade, Advocate for appellant/s in F.A. Nos.1752/2022, 1750/2022, 1751/2022 Mr. S. S. Panale, Advocate for Appellant/s in FA nos.1749/2022, 1656/2022, 1659/2022, 1658/2022, 1660/2022, 1657/2022 Mrs. V. S. Chaudhari, AGP for Respondent/State ....

FIRST APPEAL NO. 3719 OF 2019 The State of Maharashtra, through the Collector, Latur.

Minor Irrigation Division, (Local Sector), Latur.

The Special Land Acquisition Officer, Minor Irrigation, Latur.

..APPELLANTS Kishor Ramrao Mangalgire

6 FA-3719-19(R).odt Age : Major, Occ : Agri., R/o Babhalgaon, Tq. & Dist. Latur.

FIRST APPEAL NO. 3718 OF 2019 The State of Maharashtra, through the Collector, Latur.

Minor Irrigation Division, (Local Sector), Latur.

The Special Land Acquisition Officer, (L.M.I.), Latur, Dist. Latur.

..APPELLANTS Bhagwat S/o Raosaheb Boyane Age : Major, Occ : Agri., R/o Dhanegaon, Tq. & Dist. Latur.

FIRST APPEAL NO. 3714 OF 2019 The State of Maharashtra, through the Collector, Latur.

Minor Irrigation Division, Local Sector, Latur.

The Special Land Acquisition Officer, (L.M.I.), Latur, Dist. Latur.

..APPELLANTS Govind S/o Nivruti Mashal Age : Major, Occ : Agri., R/o Babhalgaon, Tq. & Dist. Latur.

FIRST APPEAL NO. 3721 OF 2019 The State of Maharashtra,

7 FA-3719-19(R).odt through the Collector, Latur.

Minor Irrigation Division, (Local Sector), Latur.

The Special Land Acquisition Officer, Minor Irrigation, Latur.

..APPELLANTS Kamalbai Laxman Shrigandhe Age : Major, Occ : Agri., R/o Babhalgaon, Tq. & Dist. Latur.

FIRST APPEAL NO. 3720 OF 2019 The State of Maharashtra, through the Collector, Latur.

Minor Irrigation Division, (Local Sector), Latur.

The Special Land Acquisition Officer, Minor Irrigation, Latur.

..APPELLANTS Rukhminibai Narayan Kukale (Died) Through its L.R.

Balasaheb Narayan Kukale Age : Major, Occ : Agri., R/o Babhalgaon, Tq. & Dist. Latur.

FIRST APPEAL NO. 3722 OF 2019 The State of Maharashtra, through the Collector, Latur.

Minor Irrigation Division, (Local Sector), Latur.

8 FA-3719-19(R).odt The Special Land Acquisition Officer, Minor Irrigation, Latur.

..APPELLANTS Namdeo Balram Gomare Age : Major, Occ : Agri., R/o Babhalgaon, Tq. & Dist. Latur.

FIRST APPEAL NO. 3716 OF 2019 The State of Maharashtra, through the Collector, Latur.

Minor Irrigation Division, Local Sector, Latur.

The Special Land Acquisition Officer, (L.M.I.), Latur, Dist. Latur.

..APPELLANTS Trimbak S/o Bapurao Shelke (Died) Through L.Rs.

Triveni Trimbak Shelke Age : Major, Occ : Agri., Pushpa Sugriv Kale Age : Major, Occ : Agri., Saraswati Pandurang Mane Age : Major, Occ : Agri., 4.

Sundar Laxman Kaspate Age : Major, Occ : Agri., 5.

Gorakhnath Trimbak Shelke Age : Major, Occ : Agri., All R/o Dhanegaon, Tq. & Dist. Latur.

FIRST APPEAL NO. 3717 OF 2019

9 FA-3719-19(R).odt The State of Maharashtra, through the Collector, Latur.

Minor Irrigation Division, Local Sector, Latur.

The Special Land Acquisition Officer, (L.M.I.), Latur, Dist. Latur.

..APPELLANTS Yanka Sakharam Shelke Age : Major, Occ : Agri., R/o Dhanegaon, Tq. & Dist. Latur.

..RESPONDENT FIRST APPEAL NO. 3715 OF 2019 The State of Maharashtra, through the Collector, Latur.

Minor Irrigation Division, Local Sector, Latur.

The Special Land Acquisition Officer, (L.M.I.), Latur, Dist. Latur.

..APPELLANTS Arun Lingram Chamle Age : Major, Occ : Agri., R/o Dhanegaon, Tq. & Dist. Latur.

..RESPONDENT ...

Mrs. V. S. Chaudhari, AGP for appellant/State Mr. P.P. More h/f Mr. Yogesh K. Bobade in FA nos.3719/2019, 3721/2019, 3720/2019 Mr.S.S. Panale, Advocate for respondents in FA nos.3718/2019, 3714/2019, 3722/2019, 3716/2019, 3717/2019, 3715/2019, ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL JADHAV, JJ.

RESERVED ON : 16th DECEMBER, 2025 PRONOUNCED ON : 18th DECEMBER, 2025

10 FA-3719-19(R).odt JUDGMENT : [PER : VAISHALI PATIL JADHAV, J.] Admit.

Heard finally with the consent of learned advocates for the parties.

All First Appeals are filed challenging the common judgment and order dated 30.04.2019 and 12.06.2019 respectively, passed by the Civil Judge, Senior Division, Latur ("Reference Court") in Land Acquisition Reference Nos.893/2009, 889/2003, 906/2009, 632/2009, 623/2009, 903/2009, 633/2009, 634/2009 and 627/2009, respectively. Therefore, the same are taken up together for decision. The Special Land Acquisition Officer ("S.L.A.O.") offered compensation @ Rs.1120/- and Rs.1210/- per R. The claimants filed reference claiming compensation @ Rs. 300/- per sq. ft. The Reference Court partly allowed the References by granting compensation @ Rs.166/- per sq. ft. The claimants are, therefore, before this Court in the appeals for enhancement. The State has preferred appeals for reduction of the rate of compensation awarded by the Reference Court. In all the appeals, the lands of the claimants are acquired for the purpose of construction of "Sulabh Water Conservation Scheme, Percolation Canal, Babhalgaon". 4.

Learned Counsel for the claimants would submit that for acquisition of land for the same project, this Court vide judgment and

11 FA-3719-19(R).odt order dated 02.05.2025 in Nirmalabai Bhausaheb Deshmukh vs. State of Maharashtra in First Appeal No.1459/2020 and connected Matters, granted compensation at Rs.240/- per sq. ft. The learned counsel would submit that he is seeking parity in these appeals on the basis of the judgment and award in Nirmalabai Bhausaheb Deshmukh (supra). 5.

Learned A.G.P. would on the other hand, submit that the rate granted by the Reference Court was exorbitant and it should be reduced, by allowing the State Appeals.

6.

Admittedly, all these first appeals are covered by the order dated 02/05/2025 passed by the Coordinate Bench of this Court [Coram : R. G. Avachat and Prafulla S. Khubalkar, JJ.] in First Appeal No.1459/2020 (Nirmalabai Bhausaheb Deshmukh Vs. State of Maharashtra) and other connected matters, which arose from the same acquisition proceedings. In the said order, this Court has observed that, "10. We have perused the judgment in case of Digambar Manik Kalyankar (supra). Notification under Section 4 of the Act in respect of land covered in the said appeal was issued on 17th May, 2006, while in the case in hand, notification is dated 19th February, 2005. The sale instances therein were all of the period from October to December 2002. Those pertain to small pieces of land such as 400 sq.ft. and 1619 sq.ft. Since it was a case of small portion of land, the Court directed to deduct 1/3rd of the amount of compensation towards development charges. There is a gap of little over two years

12 FA-3719-19(R).odt between the sale instances and the date of notification. Considering the fact that most of the lands acquired were agricultural on the date of publication of notification, we propose to grant compensation close to the rate granted by the Division Bench in the above referred judgment i.e. the rate per sq.ft. granted by the reference Court as enhanced to Rs.371/- per sq.ft. with rider to deduct 33% thereof since the sale instances relied on pertain to very small pieces of land. 33% of Rs.371/- approximately comes to Rs.125/-. Compensation per sq.ft., therefore, be Rs.240/- (round off)."

7.

Since the claimants in present first appeals are similarly situated like that of claimants in Nirmalabai Bhausaheb Deshmukh (supra), the acquired lands are situated in the same vicinity and are acquired for the same project, section 4 notification in both the cases are contemporaneous and most importantly the evidence in the form of sale deed in all cases being the same, there is no reason to mete out different treatment to them. Hence, on the ground of parity, the said decision is applicable to the claimants herein. Resultantly, the appeals filed by the State are liable to be dismissed. 8.

Hence, the following order:-

ORDER

(I) First appeal Nos. 1752/2022, 1750/2022, 1751/2022, 1749/2022, 1656/2022, 1659/2022, 1658/2022, 1660/2022 and 1657/2022, filed by the claimants are allowed. (II) The appellants / claimants be paid compensation @ Rs.240/- per sq.ft. (inclusive of the compensation granted

13 FA-3719-19(R).odt by the reference Court).

(III) Interest on the amount of enhanced compensation be paid @ 9% p.a. for the period of first year from the date of award @ 15% p.a. for the subsequent years onwards until the entire amount of compensation is paid.

(IV) Clause (3) and (4) of the awards impugned herein stand maintained.

(V) The first appeal Nos. 3719/2019, 3718/2019, 3714/2019, 3721/2019, 3720/2019, 3722/2019, 3716/2019, 3717/2019 and 3715/2019, filed by the State, are hereby dismissed. (VI) Pending civil application, if any, stands disposed of. (VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.)