Partly allowed

The State of Maharashtra v. Bhausaheb Punja Mahale and Anr.

Bombay HC14 Aug 2012FA/916/2003

Case brief

AI extract

What is this about?

This judgment fixes the enhanced market value for Jirayat and Bagayat lands acquired for the Punegaon Dam project. It confirms the valuation for Pot kharaba land at 50% of Jirayat rates and mandates statutory benefits under Sections 23 and 28 of the LA Act on all components, including interest and solatium, for all claimants.

What did the court decide?

Fixed new market values for Jirayat and Bagayat lands; confirmed Pot kharaba valuation; ordered full statutory benefits under Sections 23 and 28 on all excess compensation components; confirmed impugn

The State of Maharashtra Vs Bhausaheb Punja Mahale and Anr. — Land Acquisition | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELATE JURISDICTION FIRST APPEAL NO.916 OF 2003 WITH CROSS OBJECTION ST.NO.15902 OF 2004

¶5

1. The State of Maharashtra
 (Through the Special Land
 Acquisition Officer, National
 High Way Project, Nashik)
2. The Executive Engineer,
 Karanjwan Dam Division,Nashik ..Appellants
vs.
1 Bhausaheb Punja Mahale
2 Smt.Sindhubai Punja Mahale...Respondents

¶6

FIRST APPEAL NO.917 OF 2003

¶7

1. The State of Maharashtra
 (Through the Special Land
 Acquisition Officer, National
 High Way Project, Nashik)
2. The Executive Engineer,
 Karanjwan Dam Division,Nashik ...Appellants
vs.
Shri Vishwanath Chimana Ghuge...Respondent
WITH
CIVIL APPLICATION NO.3220 OF 2009 IN
FIRST APPEAL NO.917 OF 2003
Vishwanath Chima Ghuge...Applicant
vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Respondents

fa-916.03-grp

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WITH
FIRST APPEAL NO.193 OF 2003
Vishwanath Chimna Ghuge...Appellant
vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Respondents
FIRST APPEAL NO.918 OF 2003 WITH
CROSS OBJECTION ST.NO.15344 OF 2004

¶12

1. The State of Maharashtra
 (Through the Special Land
 Acquisition Officer, National
 High Way Project, Nashik)
2. The Executive Engineer,
 Karanjwan Dam Division,Nashik ...Appellants
vs.
1 Manga Soma Dambale
2 Ranganath Nana Dambale
3 Motiram Devram Dambale
4 Chintaman Devram Dambale
(since deceased through L.Rs.)
4a Sukhdev Chintaman Dambale
4b Bhaskar Chintaman Dambale
4c Sou Mandabai Narayan Gukmbade
4d Sou Ashabi Namdev Sherware
4e Sou Alkabai Dattatray Malekar
4f Sou Kamal Raghunath Waghmare
4g Smt.Bababai Chintaman Dambale
5 Sitaram Devram Dambale
6 Trimbak Devram Dambale...Respondent

¶13

FIRST APPEAL NO.919 OF 2003

¶14

The State of Maharashtra
1 (Through the Special Land

¶15

ash 3 fa-916.03-grp Acquisition Officer, National High Way Project, Nashik) 2 The Executive Engineer, Karanjwan Dam Division,Nashik ...Appellants vs. Pandu Govind Karte ...Respondent FIRST APPEAL NO.920 OF 2003 The State of Maharashtra 1 (Through the Special Land Acquisition Officer, National High Way Project, Nashik) 2 The Executive Engineer, Karanjwan Dam Division,Nashik ...Appellants vs. 1 Shridhar Vithoba Ghuge 2 Kisan Vithoba Ghuge 3 Raghunath Vithoba Ghuge 4 Baban Vithoba Ghuge 5 Vasant Vithoba Ghuge 6 Manohar Vithoba Ghuge 7 Parasharam Vithoba Ghuge 8 Smt.Kacharabai Vithoba Ghuge ...Respondents WITH FIRST APPEAL NO.311 OF 2004 1 Shridhar Vithoba Ghuge 2 Kisan Vithoba Ghuge 3 Raghunath Vithoba Ghuge 4 Baban Vithoba Ghuge 5 Vasant Vithoba Ghuge 6 Manohar Vithoba Ghuge 7 Parasharam Vithoba Ghuge 8 Smt.Kacharabai Vithoba Ghuge ...Appellants vs. The State of Maharashtra 1 (Through the Special Land

fa-916.03-grp

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Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Respondents

¶20

FIRST APPEAL NO.925 OF 2003
WITH

¶21

CROSS OBJECTION ST.NO.15346 OF 2004

¶22

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶23

vs.
Chimana Nagu Wagh...Respondent

¶24

FIRST APPEAL NO.921 OF 2003

¶25

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
Kisan Chimana Ghuge...Respondent

¶26

WITH
CIVIL APPLICATION NO.3541 OF 2009 IN
FIRST APPEAL NO.921 OF 2003 AND
FIRST APPEAL NO.194 OF 2003

¶27

Kisan Chimana Ghuge...Applicant
vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Respondents

fa-916.03-grp

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FIRST APPEAL NO.922 OF 2003

¶32

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶33

vs.

¶34

1 Shri Prabhakar Bhima Ghuge
2 Gokul Bhima Ghuge

¶35

3 Dnyaneshwar Bhima Ghuge...Respondents

¶36

WITH CIVIL APPLICATION NO.3230 OF 2009 IN
FIRST APPEAL NO.922 OF 2003 WITH
FIRST APPEAL NO.195 OF 2003

¶37

1 Prabhakar Bhima Ghuge
2 Gokul Bhima Ghuge
3 Dnyaneshwar Bhima Ghuge...Appellants

¶38

vs.

¶39

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik...Respondents

¶40

FIRST APPEAL NO.923 OF 2003

¶41

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

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vs.

¶46

1 Ramchandra Trambak Gaikwad

¶47

2 Mahadu Trambak Gaikwad

¶48

3 Devram Trambak Gaikwad ...Respondents

¶49

WITH

¶50

CIVIL APPLICATION NO.3219 OF 2009 IN
FIRST APPEAL NO.923 OF 2003 WITH
FIRST APPEAL NO.313 OF 2004

¶51

1 Ramchandra Trambak Gaikwad
2 Mahadu Trambak Gaikwad
3 Devram Trambak Gaikwad...Appellants

¶52

vs.

¶53

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Respondents

¶54

FIRST APPEAL NO.924 OF 2003 WITH
CROSS OBJECTION ST.NO.15910 OF 2004

¶55

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶56

vs.
Chandrabhan Namdev Mahade...Respondent

¶57

FIRST APPEAL NO.926 OF 2003

¶58

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National

¶59

ash 7 fa-916.03-grp

¶60

High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
Tukaram Hari Wagh ...Respondent

¶61

WITH
FIRST APPEAL NO.196 OF 2003

¶62

Tukaram Hari Wagh ...Appellant

¶63

vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik...Respondents

¶64

FIRST APPEAL NO.927 OF 2003 WITH
CROSS OBJECTION ST.NO.15919 OF 2004

¶65

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶66

vs.
Shamrao Balwant Mahale ...Respondent

¶67

FIRST APPEAL NO.928 OF 2003 with CIVIL APPLICATION
NO.2149 OF 2003 In FIRST APPEAL NO.928 OF 2003 AND
CROSS OBJECTION ST.NO.15348 OF 2004

¶68

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

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2. The Executive Engineer, Karanjwan Dam Division,Nashik ...Appellants

¶73

vs.

¶74

1 Tukaram Namdeo Wagh

¶75

2 Popat Namdeo Wagh

¶76

3 Bhika Namdeo Wagh

¶77

4 Smt.Yashodabai Namdeo Wagh

¶78

5 Smt.Punjabai Devram Wagh

¶79

6 Hirabai Ramdas Gumbade 7 Kalabai Tanaji Gangode ...Respondents

¶80

FIRST APPEAL NO.929 OF 2003 WITH
CIVIL APPLICATION NO.2150 OF 2003
IN
FIRST APPEAL NO.929 OF 2003 WITH
CROSS OBJECTION ST.NO.15922 OF 2004

¶81

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶82

vs.

¶83

1 Kondiram Anaji Gangurde

¶84

2 Ananda Dhondiram Gangurde

¶85

3 Nivrutti Dhondiram Gangurde

¶86

4 Namdev Dhondiram Gangurde

¶87

5 Marutti Dhondiram Gangurde

¶88

6 Smt.Kalabai Suresh Gangurde

¶89

7 Pintee Suresh Gangurde

¶90

8 Nana Suresh Gangurde

¶91

9 Sunita Suresh Gangurde

¶92

10 vishwas Suresh Gangurde ...Respondents

¶93

FIRST APPEAL NO.930 OF 2003 WITH
CIVIL APPLICATION NO.2151 OF 2003

¶94

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

fa-916.03-grp

ash

2. The Executive Engineer,
 Karanjwan Dam Division,Nashik ...Appellants
vs.
1 Smt.Jaibai Laxman Wagh
2 Subhas Laxman Wagh
3 Sharad Laxman Wagh
4 Pandurang Sakharam Wagh ...Respondents

¶99

WITH
FIRST APPEAL NO.197 OF 2003

¶100

1 Jaibai Laxman Wagh
2 Subhash Laxman Wagh
(since deceased through L.Rs)
3 Sharad Laxman Wagh
4 Pandurang Sakharam Wagh...Appellants

¶101

vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Respondent

¶102

FIRST APPEAL NO.931 OF 2003 WITH
CIVIL APPLICATION NO.2152 OF 2003

¶103

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.

¶104

1 Sanjiv Pandurang Ghuge
2 Sau Vatsalabai Pandurang Ghuge...Respondents

fa-916.03-grp

ash

FIRST APPEAL NO.314 OF 2004

¶109

1 Sanjiv Pandurang Ghuge
2 Sou Vatsalabai Pandurang Ghuge...Appellants

¶110

vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik...Respondent

¶111

FIRST APPEAL NO.932 OF 2003 WITH
CIVIL APPLICATION NO.2153 OF 2003

¶112

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
1 Pundalik Sakharam Wagh
2 Ramchandra Sakharam Wagh
3 Lahanu Sakharam Wagh
4 Jayaram Sakharam Wagh ...Respondents

¶113

FIRST APPEAL NO.198 OF 2003

¶114

1 Pundalik Sakharam Wagh
2 Ramchandra Sakharam Wagh
3 lahanu Sakharam Wagh
4 Jayram Sakharam Wagh ...Appellants

¶115

vs.

¶116

The State of Maharashtra
1 (Through the Special Land

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ash

Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik...Respondents

¶121

FIRST APPEAL NO.933 OF 2003 WITH
CIVIL APPLICATION NO.2154 OF 2003

¶122

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
1 Keru Arjun Ghuge
2 Yadav Keru Ghuge...Respondents

¶123

CIVIL APPLICATION NO.3221 OF 2009 IN
FIRST APPEAL NO.933 OF 2003 WITH
FIRST APPEAL NO.199 OF 2003
1 Keru Arjun ghuge
2 Yadav Keru Ghuge...Appellants

¶124

vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶125

2 The Executive Engineer,
Karanjwan Dam Division,Nashik...Respondents

¶126

FIRST APPEAL NO. 934 OF 2003

¶127

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

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ash

2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
Kantilal Arjun Ghuge...Respondent

¶132

CIVIL APPLICATION NO.3229 OF 2009 IN
FIRST APPEAL NO.934 OF 2003 WITH
FIRST APPEAL NO.200 OF 2003

¶133

Kantial Arjun Ghuge...Appellant

¶134

vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶135

2 The Executive Engineer,
Karanjwan Dam Division,Nashik...Respondents

¶136

FIRST APPEAL NO.935 OF 2003 WITH
CIVIL APPLICATION NO.2156 OF 2003 WITH
CROSS OBJECTION ST.NO.15045 OF 2004

¶137

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶138

2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶139

vs.
Waman Shankar Karate...Respondent

¶140

FIRST APPEAL NO.936 OF 2003 WITH
CIVIL APPLICATION NO.2157 OF 2003 WITH
CROSS OBJECTION ST.NO.15046 OF 2004

¶141

The State of Maharashtra

¶142

ash 13

¶143

fa-916.03-grp

¶144

1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
Laxman Govind Karate...Respondent

¶145

FIRST APPEAL NO.937 OF 2003 WITH
CIVIL APPLICATION NO.2158 OF 2003

¶146

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
1 Bhima Santu Ghuge
2 Smt.Sanubai Santu Ghuge...Respondents

¶147

WITH
FIRST APPEAL NO.201 OF 2003

¶148

1 Bhima Santu Ghuge
2 Smt.Sanubai Santu Ghuge...Appellants

¶149

vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik...Respondents

¶150

FIRST APPEAL NO.938 OF 2003 WITH
CIVIL APPLICTION NO.2159 OF 2003

¶151

The State of Maharashtra

¶152

fa-916.03-grp

¶153

ash 14 fa-916.03-grp 1 (Through the Special Land Acquisition Officer, National High Way Project, Nashik) 2 The Executive Engineer, Karanjwan Dam Division,Nashik ...Appellants vs. 1 Pundalik Mahadu Ghuge 2 Dhanraj Mahadu Ghuge ...Respondents

¶154

FIRST APPEAL NO.939 OF 2003 WITH
CIVIL APPLICATION NO.2160 OF 2003 WITH
 CROSS OBJECTION ST.NO.15112 OF 2004

¶155

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶156

vs.
1 Rangnath Dada Mahale
(since deceased through L.Rs.)
1/1 Keshav Rangnath Mahale
1/2Vijay Rangnath Mahale
1/3 Subhash Rangnath Mahale
1/4Kailash Rangnath Mahale
1/5 Sau Tarabai Udhavrao Patil
1/6 Smt.Majulabai Rangnath Mahale
2 Pratap Yadav Mahale

¶157

3 Bharat Yadav Mahale

¶158

4 Smt.Sushilabai Yadav
5 Smt.Vimal Sahebrao Mahale

¶159

6 Sau Mandabai Anil Nikam ...Respondents

¶160

FIRST APPEAL NO.940 OF 2003 WITH
CIVIL APPLICATION NO.2161 OF 2003 WITH
 CROSS OBJECTION ST.NO.15000 OF 2004

¶161

The State of Maharashtra
1 (Through the Special Land

fa-916.03-grp

ash

Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶166

vs.

¶167

1 Narayan Mahadu Mahale

¶168

2 Smt.Mandabai Mahadu Mahale

¶169

3 Smt.Meenabai Mahadu Mahale

¶170

4 Bhimabai Mahadu Mahale ...Respondents

¶171

FIRST APPEAL NO.941 OF 2003 WITH
 CIVIL APPLICATION NO.2162 OF 2003 WITH
CROSS OBJECTION ST.NO.14993 OF 2004

¶172

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶173

vs.

¶174

1 Vasant Vithoba Ghuge

¶175

2 Manohar Vithoba Ghuge

¶176

...Respondents

¶177

FIRST APPEAL NO.942 OF 2003 WITH
CIVIL APPLICATION NO.2163 OF 2003 with
CROSS OBJECTION ST.NO.15114 OF 2004

¶178

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶179

2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶180

vs.

¶181

1 Ramkrishna Yashwant Mahale

¶182

2 Shivaji Yashwant Mahale

¶183

3 Smt.Kedubai Santu Kavale

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4 Smt.Kamlabai Daguji Ufade
(since deceased through L.Rs)
4/1 Bhausaheb Dagu Ufade
4/2 Smt.Sunilabai Changanrao Ufade

¶188

4/3 Sudam Changanrao Ufade

¶189

4/4 Ashok Changanrao Ufade

¶190

4/5 Vijay Changanrao Ufade

¶191

4/6 Prakash Changanrao Ufade

¶192

5 Smt.Muktabai Gangadhar Tharare ...Respondents

¶193

FIRST APPEAL NO.943 OF 2003 WITH
CIVIL APPLICATION NO.2164 OF 2003 WITH
CROSS OBJECTION ST.NO.15118 OF 2004

¶194

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶195

vs.
1 Pandharinath Bhika Ghuge
2 Balu Bhika Ghuge...Respondents

¶196

FIRST APPEAL NO.944 OF 2003 WITH
CIVIL APPLICATION NO.2165 OF 2003 WITH
CROSS OBJECTION ST.NO.15047 OF 2004

¶197

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶198

2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.

¶199

1 Kshyabai Tukaram Wagh

¶200

2 Pundalik Tukaram Wagh

¶201

3 Smt.Latabai Gangaram Gaungurde

¶202

4 Smt.Tulsabaii Vithoba Nehre

¶203

5 Sarubai Sakharam Gaungurde

fa-916.03-grp

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6 Kamalabai Ramdas Gaikwad
7 Vimal Suresh Bhondve...Respondents

¶208

FIRST APPEAL NO.945 OF 2003 WITH
CIVIL APPLICATION NO.2166 OF 2003

¶209

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶210

2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
Raman Kacharu Dhatrak...Respondent

¶211

 WITH
FIRST APPEAL NO.202 OF 2003 WITH
CIVIL APPLICATION NO.3222 OF 2009 IN
FIRST APPEAL NO. 945 OF 2003

¶212

Raman Kacharu Dhatrak...Appellant

¶213

vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶214

2 The Executive Engineer,
Karanjwan Dam Division,Nashik...Respondents

¶215

FIRST APPEAL NO.946 OF 2003 WITH
CIVIL APPLICATION NO.2167 OF 2003

¶216

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

fa-916.03-grp

ash

2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶221

vs.

¶222

1 Mahadu Eknath Dhatrak

¶223

2 Pundalik Eknath Dhatrak

¶224

3 Smt.Rahibai Eknath Dhatrak

¶225

4 Gorakshanath Kacharu Dhatrak

¶226

5 Waman Kacharu Dhatrak

¶227

6 Raman Kacharu Dhatrak

¶228

7 Smt.Shewantabai Khanderao Ghuge

¶229

8 Ramdas Kacharu Dhatrak ...Respondents

¶230

FIRST APPEAL NO.947 OF 2003 WITH
CIVIL APPLICATION NO.2168 OF 2003 IN
FIRST APPEAL NO.947 OF 2003 WITH
CROSS OBJECTION ST.NO.15458 OF 2004

¶231

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶232

2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶233

vs.
1 Ganpat Shankar Gangurde
(through his L.Rs.)
1.1Gojarabai Ganpat Gangurde
2 Balu Shankar Gangurde

¶234

3 Smt.Satyabhamabai Shankar Gangurde

¶235

4 Rukminibai Shankar Gangurde

¶236

5 Vanita Shankar Gangurde

¶237

6 Sau Haushyabai Shankar Alhat

¶238

7 Sau Alaka Shashikant Pawar

¶239

8 Smt.Janabai Ramesh Pawar ...Respondent2

¶240

FIRST APPEAL NO.948 OF 2003 WITH
CIVIL APPLICATION NO.2169 OF 2003

¶241

The State of Maharashtra
1 (Through the Special Land

¶242

ash 19

¶243

fa-916.03-grp

¶244

Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
Devidas Murlidhar Wagh...Respondent

¶245

FIRST APPEAL NO.268 OF 2004 WITH
CIVIL APPLICATION NO.3223 OF 2009 IN
FIRST APPEAL NO.948 OF 2003

¶246

Devidas Murlidhar Wagh ...Appellant

¶247

vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik...Respondents

¶248

FIRST APPEAL NO.949 OF 2003 WITH
CIVIL APPLICATION NO.2170 OF 2003

¶249

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶250

vs.
1 Ramdas Murlidhar Wagh
2 Smt.Sumanbai Ramdas Wagh ...Respondents

¶251

WITH

¶252

FIRST APPEAL NO.203 OF 2003 WITH
CIVIL APPLICATION NO.3224 OF 2009 IN
FIRST APPEAL NO.949 OF 2003

¶253

1 Ramdas Murlidhar Wagh

¶254

2 Smt.Sumanbai Ramdas Wagh...Appellants

fa-916.03-grp

ash

vs.

¶259

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Respondents

¶260

FIRST APPEAL NO.950 OF 2003 WITH
CIVIL APPLICATION NO.2171 OF 2003

¶261

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.

¶262

1 Bhika Ganpat Ghuge
(since deceased through his L.Rs.)
1/1 Smt.Anandabai Bhika Ghuge
2 Ashok Bhika Ghuge...Respondents
FIRST APPEAL NO.204 OF 2003

¶263

1 Bhika Ganpat Ghuge
(since deceased through his L.Rs.)
1/1 Smt.Anandabai Bhika Ghuge
2 Ashok Bhika Ghuge ...Appellants
vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

fa-916.03-grp

ash

2 The Executive Engineer,
Karanjwan Dam Division,Nashik...Respondents

¶268

FIRST APPEAL NO.951 OF 2003 WITH
CIVIL APPLICATION 2172 OF 2003

¶269

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
1 Ramchandra Bhika Ghuge
2 Pandharinath Bhika Ghuge
3 Shankar Bhika Ghuge
4 Balu Bhika Ghuge
5 Vaman Bhika Ghuge...Respondents
WITH FIRST APPEAL NO.205 OF 2003

¶270

1 Ramchandra Bhika Ghuge
2 Pandharinath Bhika Ghuge
3 Shankar Bhika Ghuge
4 Balu Bhika Ghuge
5 Vaman Bhika Ghuge...Appellants
vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Respondents

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FIRST APPEAL NO.952 OF 2003 WITH
WITH CIVIL APPLICATION NO.2173 OF 2003
 CROSS OBJECTION ST.NO.15924 OF 2004

¶275

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik

¶276

...Appellants

¶277

vs.
Pandurang Tukaram Nevkar ...Respondent

¶278

FIRST APPEAL NO.953 OF 2003 WITH
WITH CIVIL APPLICATION NO.2174 OF 2003
 CROSS OBJECTION ST.NO.16283 OF 2004

¶279

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶280

vs.
Madhav Kashiram Nerkar...Respondent

¶281

FIRST APPEAL NO.954 OF 2003 WITH
WITH CIVIL APPLICATION NO.2175 OF 2003
 CROSS OBJECTION ST.NO.15926 OF 2004

¶282

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶283

vs.

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1 Annasaheb Baburao Mahale

¶288

2 Uttam Baburao Mahale

¶289

3 Smt.Anusayabai Baburao Mahale

¶290

4 Bhaskar Baburao Mahale

¶291

5 Balkrishna Baburao Mahale ...Respondents

¶292

FIRST APPEAL NO.955 OF 2003 WITH
WITH CIVIL APPLICATION NO.2176 OF 2003
 CROSS OBJECTION ST.NO.16286 OF 2004

¶293

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶294

2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.

¶295

1 Bhaskar Dattu Ghuge

¶296

2 Smt.Kalabai Dattu Ghuge

¶297

3 Balu Dattu Ghuge ...Respondents

¶298

FIRST APPEAL NO.956 OF 2003 WITH
WITH CIVIL APPLICATION NO.2177 OF 2003
 CROSS OBJECTION ST.NO.15360 OF 2004

¶299

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶300

2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
Dharmaraj Sampat Karate...Respondent

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FIRST APPEAL NO.957 OF 2003 WITH
WITH CIVIL APPLICATION NO.2178 OF 2003

¶305

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶306

2 The Executive Engineer,
Karanjwan Dam Division,Nashik
vs.
Baburao Rama Ghuge

¶307

...Appellants

¶308

...Respondent

¶309

WITH FIRST APPEAL NO.206 OF 2003 WITH
WITH CIVIL APPLICATION NO.3225 OF 2009 IN
FIRST APPEAL NO.957 OF 2003

¶310

Baburao Rama Ghuge ...Appellant
vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik...Respondents

¶311

FIRST APPEAL NO.958 OF 2003 WITH
WITH CIVIL APPLICATION NO.2179 OF 2003

¶312

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants

¶313

vs.

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1 Deelip Baburao Nevkar

¶318

2 Hari Baburao Nevkar

¶319

3 Prakash Baburao Nevkar

¶320

4 Smt.Kalavati Baburao Nevkar

¶321

5 Kantilal Sukhdeo Nevkar

¶322

6 Bhaskar Sukhdeo Nevkar

¶323

7 Vasant Sukhdeo Nevkar ...Respondents

¶324

WITH FIRST APPEAL NO.207 OF 2003

¶325

1 Deelip Baburao Nevkar

¶326

2 Hari Baburao Nevkar

¶327

3 Prakash Baburao Nevkar

¶328

4 Smt.Kalavati Baburao Nevkar

¶329

5 Kantilal Sukhdeo Nevkar

¶330

6 Bhaskar Sukhdeo Nevkar
7 Vasant Sukhdeo Nevkar...Appellants
vs.
The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)
2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Respondents

¶331

FIRST APPEAL NO.959 OF 2003
WITH CIVIL APPLICATION NO.2180 OF 2003

¶332

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶333

2 The Executive Engineer,
Karanjwan Dam Division,Nashik ...Appellants
vs.
Vasant Sukdev Nevkar...Respondent

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FIRST APPEAL NO.960 OF 2003 WITH
WITH CIVIL APPLICATION NO.2181 OF 2003
 CROSS OBJECTION ST.NO.15461 OF 2004

¶338

The State of Maharashtra
1 (Through the Special Land
Acquisition Officer, National
High Way Project, Nashik)

¶339

2 The Executive Engineer,
Karanjwan Dam Division,Nashik

¶340

...Appellants

¶341

vs.

¶342

1 Keru Ukhaji Gangurde

¶343

2 Yeshwant Ukhaji Gangurde

¶344

3 Smt.Chandrabhagabai Ukhaji Gangurde

¶345

4 Krushnabai Tukaram Shirsat
5 Manjulabai Baban Jadhav ...Respondents

¶346

Shri A.R. Patil, AGP for the Appellant -State. Shri R.M. Haridas i/by Shri P.N. Joshi for the Respondents in all the above matters.

¶347

CORAM : A.S. OKA & SHRIHARI P. DAVARE, JJ

¶348

DATE ON WHICH THE SUBMISSIONS ) WERE HEARD: ) 26TH JULY, 2012. DATE ON WHICH THE JUDGMENT ) IS PRONOUNCED: ) 14TH AUGUST, 2012.

¶349

JUDGMENT (PER A.S.OKA, J )

¶350

These Appeals can be disposed of by a common judgment and order. These Appeals arise out of a common judgment delivered by the learned Joint District Judge, Nashik in several land acquisition

¶351

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¶352

references under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act”). The acquired lands are situated at Male-Dumale, Taluka Dindori, District – Nashik. The lands were notified for acquisition for the purposes of construction of Punegaon Dam. The Notification under Section 4(1) of the said Act which was published in Government Gazette dated 7^th March, 1991. The award under Section 11 of the said Act was made on 27^th April, 1994. The Special Land Acquisition Officer divided the lands into various categories and awarded different market value for different categories. The categorization of the lands made by the Land Acquisition Officer and the market value offered for the said categories read thus:-

¶353

Jirayat –I Rs.21,000/- Per Hectare 2. Jirayat –II Rs.23,000/- Per Hectare 3. Jirayat –III Rs.25,000/- Per Hectare 4. Jirayat –IV Rs.27,000/- Per Hectare 5. Bagayat–I Rs.31,500/- Per Hectare 6. Bagayat–II Rs.34,500/- Per Hectare 7. Bagayat–III Rs.37,500/- Per Hectare 8. Bagayat–IV Rs.40,500/- Per Hectare

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The market value of Pot kharaba land was offered at Rs.200/- per Hectare. The Special Land Acquisition Officer offered compensation for the fruit-bearing trees standing on the some of the acquired lands. In case of the acquired lands, compensation on account of well and structures on the acquired lands was granted.

¶358

By the impugned judgment and award, the Reference Court enhanced the market value of the lands. However, did not enhance compensation in respect of the fruit-bearing trees and structures. The rates of the market value fixed by the learned Judge under the impugned judgment read thus:-

¶359

1.	Jirayat –I	Rs.95,890/-	Per Hectare
2.	Jirayat –II	Rs.97,890/-	Per Hectare
3.	Jirayat –III	Rs.99,890/-	Per Hectare
4.	Jirayat –IV	Rs.1,01,890/-	Per Hectare
5.	Bagayat–I	Rs.1,43,835/-	Per Hectare
6.	Bagayat–II	Rs.1,45,835/-	Per Hectare
7.	Bagayat–III	Rs.1,47,835-	Per Hectare
8.	Bagayat–IV	Rs.1,49,835/-	Per Hectare

¶360

As regards the Pot kharaba lands, the learned Judge enhanced the market value by holding that the Pot kharaba land will

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have to be valued at the rate equivalent to to 50% of the rates of Jirayat lands. The learned Judge relied upon a decision of this Court in the case of State of Maharashtra v. Pralhad Bajarang Magar [1996(1) BCJ 247]. The learned Judge granted statutory benefits under Section 23(1-A), 23(2) and Section 28 of the said Act. However, while granting statutory benefit under Section 28 of the said Act, the learned Judge did not grant the said benefit on the components of interest under Section 23(1-A) and solatium under Section 23(2) of the said Act. He granted benefit under Section 28 of the said Act only on the component of market value on the basis of a decision of the Apex Court in the case of Prem Nath Kapur and Another v National Fertilizers Corporation of India Limited and Others [(1996)2 SCC 71].

¶365

On Friday the 10^th August, 2012, this Court has disposed of a group of First Appeals (First Appeal No.262 of 2007 and other connected matters) arising out of the References under Section 18 of the said Act in respect of the lands in the same village Male-Dumale, Taluka Dindori, District – Nashik which were notified under Section 4(1) of the said Act for the same public purpose by the same notification. Therefore, this group of Appeals will be governed by the decision in the said group of the First Appeals. Thus, for the reasons recorded in the said Judgment and Order dated 10^th August, 2012, we pass the following order:-

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ORDER:

(a) The total market value of the lands notified by a Notification under Section 4(1) of the Land Acquisition Act, 1894 published in Government Gazette on 7^th March, 1991 shall be as under:

¶371

1.	Jirayat	–I	Rs.90,813/-	Per Hectare
2.	Jirayat	–II	Rs.92,813/-	Per Hectare
3.	Jirayat	–III	Rs.94,813/-	Per Hectare
4.	Jirayat	-IV	Rs.96,813/-	Per Hectare
5.	Bagayat	–I	Rs.1,36,221/-	Per Hectare
6.	Bagayat	-II	Rs.1,38,221/-	Per Hectare
7.	Bagayat	-III	Rs.1,40,221/-	Per Hectare
8.	Bagayat	-IV	Rs.1,42,221/-	Per Hectare

¶372

(b) The market value of Potkharaba lands is confirmed;

¶373

(c ) The Claimants will be entitled to statutory benefits under Section 23(1-A), 23(2) and 28 of the said Act. Interest under Section 28 shall be payable on entire excess compensation consisting of components of market value of the land, interest under Section

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23(1-A) and solatium under Section 23(2) of the said

¶378

Act;

¶379

(d) The rest of the impugned Judgments and Awards are confirmed;

¶380

(e) The Appeals preferred by the claimants as well as by the State of Maharashtra as well as the Cross Objections are partly allowed on above terms;

¶381

(f) We make it clear that the statutory benefits under Section 28 of the Land Acquisition Act, 1894 shall be available even to those Claimants who have not preferred Appeals or Cross-objections;

¶382

(g) There will be no orders as to costs in the Appeals in this Court.

¶383

(h) The Trial Court shall determine the compensation amount payable in terms of the modified Awards within a period of four months from the date on which writ of this Judgment is received. The parties shall be heard by the learned Judge before determination of amount.

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(i) Civil Applications in the aforesaid First Appeals do not survive and the same are disposed of.

¶388

( SHRIHARI P. DAVARE, J )

¶389

( A.S. OKA, J )