Compensation for agricultural lands acquired for a minor irrigation project was challenged as excessive. The Court dismissed the State's appeals and confirmed the category-wise market rates, leaving individual land classification and other compensation claims open in the claimants' appeals and cross-objections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 F.A. 320.....2006 - [ J ]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
FIRST APPEAL NO. 320 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Dhondiba S/o Eknath Kajale, Age 22 years, Occupation:Agriculture, R/o Paundal, Taluka Patoda, District. Beed. ... RESPONDENT
WITH
FIRST APPEAL NO. 378 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Age 65 yers, (DIED) L.Rs.
Age 35 years,
Age 40 years Both Agriculturists R/o Paundal,
Taluka Patoda, District Beed.
2 F.A. 320.....2006 - [ J ]
Age 30 years, Both Agriculturists by occupation and R/o Paundal, Taluka Patoda, District. Beed. ... RESPONDENTS
WITH
FIRST APPEAL NO. 379 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Vikram S/o Gunaji Sonwane Age 55 years, Occupation:Agriculture, R/o Khamba, Taluka Patoda, District. Beed. ... RESPONDENT
WITH
FIRST APPEAL NO. 381 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Ravsaheb S/o Hari Marade, Age 55 years, Occupation:Agriculture, R/o Paundul, Taluka Patoda, District. Beed. ... RESPONDENT
3 F.A. 320.....2006 - [ J ]
WITH
FIRST APPEAL NO. 382 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Shamrav S/o Bhaurav Landge,
Age 65 years, Occupation: Agriculture, R/o Paundul, Taluka Patoda, District. Beed.
... RESPONDENT
WITH
FIRST APPEAL NO. 333 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Ambu S/o Genu Marade,
Age 88 years, Occupation:Agriculture, R/o Paundul, Taluka Patoda,
District. Beed. (Died - L.Rs.) Narmadabai W/o Nivrutti Khule, Age 60 years, Occupation : Household R/o Paundul, Taluka Shirur, District. Beed.
... RESPONDENT
4 F.A. 320.....2006 - [ J ]
WITH
FIRST APPEAL NO. 334 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Age 35 years,
Both Agriculturists by occupation and R/o Paundul, Taluka Patoda, District. Beed. ... RESPONDENTS
WITH
FIRST APPEAL NO. 335 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Pandurang S/o Baburao Marade,
Age 60 years, Occupation:Agriculture, R/o Paundul, Taluka Patoda, District. Beed. (Died - L.Rs.)
Age 40 years, 2. Yashwant S/o Pandurang Marade,
5 F.A. 320.....2006 - [ J ]
Age 45 years, Both Agriculturists by occupation and R/o Paundul, Taluka Patoda, District. Beed. ... RESPONDENTS
WITH
FIRST APPEAL NO. 336 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
WITH
FIRST APPEAL NO. 337 OF 2006
6 F.A. 320.....2006 - [ J ]
The State of Maharashtra
.... APPELLANT
V E R S U S
Rangnath S/o Hira Dhande,
Age 45 years, Occupation:Agriculture, R/o Limba, Taluka Patoda,
District. Beed.
... RESPONDENT
WITH
FIRST APPEAL NO. 327 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
7 F.A. 320.....2006 - [ J ] Minor U/G of mother Manabai W/o Shahurav Kajale, Age 38 years, 8 Asrabai W/o Shahurav Kajale Age 50 years, All Agriculturists by occupation and R/o Poundal, Taluka Patoda, District. Beed 9 Rustum S/o Nivrutti Satpute Age 29 years R/o Jamb, Taluka Patoda, District Beed. 10 Meerabai W/o Narayan Parjane Age 21 years, 11 Bhimabai W/o Bhujang Parjane Age 25 years, 12 Muktabai W/o Mahadev Suprkar Age 23 years, 13 Sanjivani D/o Shankar Kajale Age 35 years, Nos. 9 to 13 Agriculturists by occupation and R/o Khalapuri, Taluka Patoda, District Beed. .. RESPONDENTS
WITH
FIRST APPEAL NO. 328 OF 2006 The State of Maharashtra .... APPELLANT
V E R S U S
8 F.A. 320.....2006 - [ J ]
Ashruba S/o Subhana Sonavane, Age 45 years, Occupation:Agriculture, R/o Khamba, Taluka Patoda, District. Beed. ... RESPONDENT
WITH
FIRST APPEAL NO. 330 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Subhadrabai W/o Pandurang Tambe, Age 35 years, Occupation:Agriculture, R/o Tamba Rajuri, Taluka Patoda, District. Beed. ... RESPONDENT
WITH
FIRST APPEAL NO. 331 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Prakash S/oGahininath Marade, Age 35 years, Occupation:Agriculture, R/o Paundal, Taluka Patoda, District. Beed. ... RESPONDENT
9 F.A. 320.....2006 - [ J ]
WITH
FIRST APPEAL NO. 332 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Age 40 years,
WITH
FIRST APPEAL NO. 367 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Age 28 years,
10 F.A. 320.....2006 - [ J ]
Both Agriculturists by occupation and R/o Paundal, Taluka Patoda, District. Beed. ... RESPONDENTS
WITH
FIRST APPEAL NO. 321 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Bhausaheb S/o Tatyaba Marade,
Age 55 years, Occupation:Agriculture,
R/o Paundal, Taluka Patoda,
District. Beed. ... RESPONDENT
WITH
FIRST APPEAL NO. 324 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
All Agriculturists by occupation and
11 F.A. 320.....2006 - [ J ]
R/o Paundal, Taluka Patoda, District. Beed.
... RESPONDENTS
WITH
FIRST APPEAL NO. 325 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Shakuntala W/o Baburav Nimbalkar,
Age 35 years, Occupation:Agriculture, R/o Paundal, Taluka Patoda, District. Beed.
... RESPONDENT
WITH
FIRST APPEAL NO. 377 OF 2006
The State of Maharashtra Through : District Collector, Beed District Beed. .... APPELLANT
V E R S U S
Shrirang S/o Manikrav Marade,
Age 55 years, Occn : Agriculture,
R/o Poundul, Taluka Shirur, District Beed (Died L.Rs.) 1 Subhadrabai W/o Shrirang Marade,
Age 65 years,
12 F.A. 320.....2006 - [ J ]
2 Radhakisan S/o Shrirang Marade, Age 50 years, 3 Sahebrao S/o Shrirang Marade Age 45 years, 4 Sampat S/o Shrirang Marade Age 35 years, All by occupation Agriculture R/o Paundul, Taluka Shirur, District Beed. .... RESPONDENTS
WITH
FIRST APPEAL NO. 220 OF 2006
The State of Maharashtra through the Collector, Beed
.... APPELLANT
V E R S U S
WITH FIRST APPEAL NO. 221 OF 2006
13 F.A. 320.....2006 - [ J ]
The State of Maharashtra …. APPELLANT
VERSUS
Sarjerav s/o Eknath Nimbalkar,
Age 45 years, Occupation Agriculture,
r/o Poundul, Taluka Patoda,
Dist. Beed …. RESPONDENT
WITH FIRST APPEAL NO. 222 OF 2006
The State of Maharashtra
through the Collector, Beed
…. APPELLANT
VERSUS
Appasaheb Baburav Muley,
Age 29 years, Occupation Agriculture,
r/o Poundul, Taluka Patoda,
Dist. Beed …. RESPONDENT
WITH
FIRST APPEAL NO. 223 OF 2006
The State of Maharashtra …. APPELLANT
VERSUS
Bharat s/o Shamrao Sanap, Age 50 years, Occupation Agriculture,
14 F.A. 320.....2006 - [ J ]
r/o Poundul, Taluka Patoda, Dist. Beed
…. RESPONDENT
WITH FIRST APPEAL NO. 224 OF 2006
The State of Maharashtra through the Collector, Beed.
…. APPELLANT
VERSUS
WITH
FIRST APPEAL NO. 227 OF 2006
15 F.A. 320.....2006 - [ J ]
The State of Maharashtra
through the Collector, Beed
…. APPELLANT
VERSUS
Baban s/o Vishwanath Saruk,
Age 29 years, Occupation Agriculture, r/o Poundul, Taluka Patoda,
Dist. Beed
…. RESPONDENT
WITH FIRST APPEAL NO. 228 OF 2006
The State of Maharashtra
through the Collector, Beed …. APPELLANT
VERSUS
16 F.A. 320.....2006 - [ J ]
Age 45 years,
All Agriculturists by Occupation and R/o Poundul, Taluka Patoda,
Dist. Beed …. RESPONDENTS
WITH FIRST APPEAL NO. 229 OF 2006
The State of Maharashtra
…. APPELLANT
VERSUS
Age 45 years,
Both Agriculturists by Occupation and r/o Poundul, Taluka Patoda, Dist. Beed …. RESPONDENTS
WITH
FIRST APPEAL NO. 230 OF 2006
The State of Maharashtra
through the Collector, Beed
…. APPELLANT
VERSUS
Age 60 years,
Age 42 years
17 F.A. 320.....2006 - [ J ]
Both Agriculturists by Occupation and r/o Poundul, Taluka Patoda, Dist. Beed …. RESPONDENTS
WITH
FIRST APPEAL NO. 234 OF 2006
VERSUS
WITH
FIRST APPEAL NO. 235 OF 2006
18 F.A. 320.....2006 - [ J ]
VERSUS
Karbhari s/o Bhaurav Sanap, Age 65 years, Occ. Agriculture r/o Poundul, Taluka Patoda, Dist. Beed …. RESPONDENT
WITH FIRST APPEAL NO. 236 OF 2006
The State of Maharashtra …. APPELLANT
VERSUS
Vikram s/o Daula Sanap,
Age 35 years, Occupation Agriculture, r/o Poundul, Taluka Patoda,
Dist. Beed …. RESPONDENT
WITH
FIRST APPEAL NO. 237 OF 2006
The State of Maharashtra through the Collector, Beed
…. APPELLANT
19 F.A. 320.....2006 - [ J ]
VERSUS
…. RESPONDENTS
WITH FIRST APPEAL NO. 238 OF 2006
The State of Maharashtra
through the Collector, Beed
…. APPELLANT
VERSUS
Babu s/o Khandu Nimbalkar, Age 40 years, Occupation Agriculture, r/o Poundul, Taluka Patoda, Dist. Beed …. RESPONDENT
20 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 239 OF 2006
The State of Maharashtra
through the Collector, Beed
…. APPELLANT
VERSUS
WITH
FIRST APPEAL NO. 240 OF 2006
The State of Maharashtra …. APPELLANT
VERSUS
21 F.A. 320.....2006 - [ J ]
Age 28 years, All Agriculturists by Occupation and, r/o Poundul, Taluka Patoda, Dist. Beed …. RESPONDENTS
WITH FIRST APPEAL NO. 241 OF 2006
The State of Maharashtra …. APPELLANT
VERSUS
Age 23 years,
WITH
FIRST APPEAL NO. 242 OF 2006
The State of Maharashtra …. APPELLANT
VERSUS
Mahadev s/o Daula Sanap,
Age 55 years, Occ. Agriculture,
22 F.A. 320.....2006 - [ J ]
r/o Poundul, Taluka Patoda,
Dist. Beed
…. RESPONDENT
WITH FIRST APPEAL NO. 243 OF 2006
The State of Maharashtra
through the Collector, Beed
…. APPELLANT
VERSUS
Age 65 years,
Age 36 years,
Dist. Beed
…. RESPONDENTS
WITH
FIRST APPEAL NO. 245 OF 2006
The State of Maharashtra
through the Collector, Beed
…. APPELLANT
VERSUS
23 F.A. 320.....2006 - [ J ]
Age 50 years,
WITH FIRST APPEAL NO. 246 OF 2006
The State of Maharashtra …. APPELLANT
VERSUS
Both Agriculturists by Occupation and
r/o Poundul, Taluka Patoda,
Dist. Beed …. RESPONDENTS
WITH FIRST APPEAL NO. 248 OF 2006
The State of Maharashtra
…. APPELLANT
VERSUS
24 F.A. 320.....2006 - [ J ]
Age 50 years,
Both Agriculturists by Occupation and, r/o Poundul, Taluka Patoda,
Dist. Beed …. RESPONDENTS
WITH
FIRST APPEAL NO. 250 OF 2006
The State of Maharashtra …. APPELLANT
VERSUS
Age 65 years,
Age 26 years,
r/o Poundul, Taluka Patoda,
Dist. Beed …. RESPONDENTS
WITH
FIRST APPEAL NO. 251 OF 2006
The State of Maharashtra …. APPELLANT
VERSUS
Age 48 years,
25 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 252 OF 2006
The State of Maharashtra …. APPELLANT
VERSUS
Babasaheb s/o Santram Sanap, Age 50 years, Occ. Agriculture, r/o Poundul, Taluka Patoda,
Dist. Beed …. RESPONDENT
WITH
FIRST APPEAL NO. 253 OF 2006
The State of Maharashtra
…. APPELLANT
VERSUS
Bhaskar s/o Yashwanta Nimbalkar, Age 25 years, Occ. Agriculture, r/o Poundul, Taluka Patoda, Dist. Beed …. RESPONDENT
WITH
FIRST APPEAL NO. 254 OF 2006
26 F.A. 320.....2006 - [ J ]
The State of Maharashtra
…. APPELLANT
VERSUS
WITH
FIRST APPEAL NO. 418 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
27 F.A. 320.....2006 - [ J ]
Age 45 years, Occupation : Agriculture, R/o. Khamba, Taluka Patoda,
Dist. Beed. .... RESPONDENTS
WITH
FIRST APPEAL NO. 417 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Age 40 years, 2. Mohan S/o Trimbak Sanap
Age 30 years,
Both Agriculturist by Occupation and R/o Paundul, Taluka Patoda, Dist. Beed .... RESPONDENTS
WITH
FIRST APPEAL NO. 416 OF 2006
The State of Maharashtra,
Through the Collector, Beed. .... APPELLANT
V E R S U S
28 F.A. 320.....2006 - [ J ]
Age 50 years, Both Agriculturist by Occupation and R/o Paundul, Taluka Patoda Dist. Beed .... RESPONDENTS
WITH FIRST APPEAL NO. 415 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
WITH
FIRST APPEAL NO. 414 OF 2006
The State of Maharashtra .... APPELLANT V E R S U S
Dnynoba S/o Trimbakrao Sonvane,
29 F.A. 320.....2006 - [ J ]
Age 21 years, Occupation Agriculture, R/o Khamba, Taluka Patoda, Dist. Beed. .... RESPONDENT
WITH
FIRST APPEAL NO. 412 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
WITH
FIRST APPEAL NO. 411 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Bhujang S/o Sahebrav Marade, Age 50 years, Occupation Agriculture R/o Paundul, Taluka Patoda, Dist. Beed.
... RESPONDENT
30 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 409 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
WITH FIRST APPEAL NO. 407 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S Shivaji S/o Bhausaheb Bhosale, Age 38 years, Occupation Agriculture, R/o Paundul, Taluka Patoda, Dist. Beed ... RESPONDENT
WITH
FIRST APPEAL NO. 405 OF 2006
31 F.A. 320.....2006 - [ J ]
The State of Maharashtra .... APPELLANT
V E R S U S
Rambhau S/o Amruta Dhande, Age 55 years, Occupation Agriculture, R/o Limba, Taluka, Patoda, Dist. Beed. ... RESPONDENT
WITH
FIRST APPEAL NO. 404 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Attam S/o Gahininath Marade,
Age 30 years, Occupation Agriculture, R/o Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
WITH
FIRST APPEAL NO. 403 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Babasaheb S/o Santram Sanap, Age 48 years, Occupation Agriculture, R/o Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
32 F.A. 320.....2006 - [ J ]
WITH
FIRST APPEAL NO. 402 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Bapurav S/o Gopinath marade, Age 65 years, Occupation Agriculture, R/o Paundal, Taluka Patoda, Dist. Beed (Died- L.Rs ) : 1. Sadashiv S/o Bapurav Marade Age 33 years, 2. Vikram S/o Bapurav Marade Age 29 years, 3. Indrabai W/o Bapurav Marade Age 75 years, All Agricultrust by Occupation and R/o Paundul, Taluka Patoda, Dist. Beed .... RESPONDENTS
WITH
FIRST APPEAL NO. 401 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
33 F.A. 320.....2006 - [ J ]
Age 21 years, 2. Rajendra S/o Dattu SovaneMinor, U/G of father Dattu S/o Gunaji Sonvane, Age 48 years, Both Agriculturists by Occupation R/o Khamba, Taluka Patoda, Dist. Beed .... RESPONDENTS
WITH
FIRST APPEAL NO. 400 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
34 F.A. 320.....2006 - [ J ]
WITH
FIRST APPEAL NO. 352 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
WITH
FIRST APPEAL NO. 351 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Age 55 years, 2. Chandrakant S/o Uttam Marade Age 32 years, 3. Prakash S/o Uttam Marade Age 27 years,
35 F.A. 320.....2006 - [ J ]
WITH
FIRST APPEAL NO. 350 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Sadashiv S/o Shamrav Sanap, Age 40 years, Occupation Agriculture, R/o Paundal, Ta. Patoda, Dist.. Beed .... RESPONDENT
WITH
FIRST APPEAL NO. 349 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Dharmraj S/o Dadarav Sanap, Age 45 years, Occupation Agriculture R/o Paundul, Taluka Patoda, Dist. Beed. .... RESPONDENT
36 F.A. 320.....2006 - [ J ]
WITH
FIRST APPEAL NO. 347 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Eknath Ganpati Agave, Age 60 years, Occupation Agriculture, R/o Paundul, Taluka Patoda, Dist. Beed. ... RESPONDENT
WITH
FIRST APPEAL NO. 346 OF 2006
The State of Maharashtra,
Through The Collector, Beed. .... APPELLANT
V E R S U S
Murlidhar S/o Dharu Kajale,
Age 38 years, Occupation Agriculture,
R/o Paundal, , Ta. Patoda, , Dist. Beed .... RESPONDENT
WITH
FIRST APPEAL NO. 345 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
| 37 | F.A. 320.....2006 - [ J ] | |
|---|---|---|
| 1. | 1. Dadarav S/o Gena Sanap Age : 65 years, |
|
| 2. | Kundlik S/o Gena Sanap, | |
| Age 60 years, | ||
| 3. | Bhawan S/o Gena Sanap | |
| Age 55 years, | ||
| 4. | Jagannath S/o Raghunath Sanap | |
| Age 27 years, | ||
| [ appeal is abated as against | ||
| respondent Nos. 1 & 3 as per Registrar’’s Order dated |
||
| 11/11/2008] | ||
| All Agriculturist by Occupation and | ||
| R/o Paundal, Ta. Patoda, | ||
| Dist. Beed | .... RESPONDENTS | |
| WITH | ||
| FIRST APPEAL NO. 344 OF | 2006 | |
| The | State of Maharashtra |
.... APPELLANT |
| V E R S U S | ||
| Mah | adev S/o Dagadu Lndage, | |
| Age | 40 years, Occupation Agriculture, | |
| R/o | Paundal, Tlauka Patoda, Dist. Beed. | .... RESPONDENT |
WITH
FIRST APPEAL NO. 343 OF 2006
38 F.A. 320.....2006 - [ J ]
The State of Maharashtra .... APPELLANT
V E R S U S
WITH
FIRST APPEAL NO. 342 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
WITH
FIRST APPEAL NO. 341 OF 2006
39 F.A. 320.....2006 - [ J ] The State of Maharashtra, Through the Collector, Beed. .... APPELLANT V E R S U S
WITH
FIRST APPEAL NO. 340 OF 2006
The State of Maharashtra .... APPELLANT V E R S U S Manik S/o Dagadu Nimbalkar, Age 50 years, Occupation Agriculture, R/o Paundal, Taluka Patoda, Dist. Beed. .... RESPONDENT
WITH
FIRST APPEAL NO. 339 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
40 F.A. 320.....2006 - [ J ]
WITH
FIRST APPEAL NO. 338 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Sarjerav S/o Eknath Nimbalkar, Age 45 years, Occupation Agriculture, R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
WITH
FIRST APPEAL NO. 420 OF 2006
The State of Maharashtra Through the Collector, Beed .... APPELLANT
V E R S U S
Age 55 years,
41 F.A. 320.....2006 - [ J ]
WITH
FIRST APPEAL NO. 357 OF 2006
The State of Maharashtra, Through The Collector, Beed .... APPELLANT V E R S U S
Bhimrav S/o Pujnaba Marade, Age 40 years, Occupation Agriculture, R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
WITH FIRST APPEAL NO. 358 OF 2006
The State of Maharashtra, Through The Collector, Beed .... APPELLANT
42 F.A. 320.....2006 - [ J ]
V E R S U S
Gayabai W/o Sitaram Gavali, Age 45 years, Occupation Agriculture, R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
WITH FIRST APPEAL NO. 360 OF 2006
The State of Maharashtra,
.... APPELLANT
V E R S U S
Bhausaheb S/o RangnathMarade,
Age 45 years, Occupation Agriculture, R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
WITH FIRST APPEAL NO. 353 OF 2006
The State of Maharashtra, Through The Collector, Beed .... APPELLANT
V E R S U S
Shahadev S/o Santaram Sanap, Age 45 years, Occupation Agriculture, R/o. Paundul, Taluka Patoda,
Dist. Beed .... RESPONDENT
43 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 354 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Age 35 years, 2. Shankar S/o Yeshwanta Sanap Age 60 years, Both Agriculturist by occupation and R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENTS
WITH FIRST APPEAL NO. 355 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Arjun S/o Bappu Marade Marade,
Age 45 years, Occupation Agriculture, R/o. Paundul, Taluka Patoda,
Dist. Beed .... RESPONDENT
WITH FIRST APPEAL NO. 356 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
44 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 399 OF 2006
The State of Maharashtra, Through The Collector, Beed .... APPELLANT
V E R S U S
Digamber S/o Gahininath Marade, Age 45 years, Occupation Agriculture, R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
WITH
FIRST APPEAL NO. 398 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Age 60 years,
45 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 397 OF 2006
The State of Maharashtra .... APPELLANT V E R S U S
Arjun S/o Daula Dhande, Age 65 years, Occupation Agriculture, R/o. Limba, Taluka Patoda, Dist. Beed .... RESPONDENT WITH FIRST APPEAL NO. 396 OF 2006 The State of Maharashtra .... APPELLANT
V E R S U S
46 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 394 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Age 75 years, 2. Rambhau S/o Khobraji Dhande Age 69 years, [appeal is abated as against R.No. 2 as per Registrar’s order dated 11/11/2008] 3. Bapurav S/o Khoraji Dhande Age 65 years, All Agriculturists by Occupation and
47 F.A. 320.....2006 - [ J ]
R/o Limba, Taluka, Patoda, Dist. Beed .... RESPONDENTS
WITH FIRST APPEAL NO. 393 OF 2006
The State of Maharashtra .... APPELLANT V E R S U S 1. Bhakar S/o Yeshwanta Nimbalkar Age 26 years, 2. Yeshwant S/o Dagadu Nimbalkar Age 60 years, Both Agriculturist by occupation and R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENTS WITH FIRST APPEAL NO. 392 OF 2006 The State of Maharashtra .... APPELLANT V E R S U S
Sakharam S/o Anna Marade, Age 30 years, Occupation Agriculture, R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
48 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 390 OF 2006
The State of Maharashtra,
Through The Collector, Beed
.... APPELLANT
V E R S U S
Age 45 years, 2. Sharda W/o Jagannath Katare Age 26 years, 3. Balasaheb S/o Kachru Landage Age 24 years, All Agriculturist by profession and R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENTS
WITH FIRST APPEAL NO. 389 OF 2006
The State of Maharashtra,
Through The Collector, Beed .... APPELLANT
V E R S U S
Age 50 years,
Age 35 years,
49 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 385 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Keru s/o Budha Sonvane
Age 75 years, (Died- L.Rs. ): 1. Haribhau S/o Kru Sonvane Age 49 years, 2. Babasaheb S/o Keru Sonvane Age 49 years, 3. Mahadev s/o Keru Sonvane Age 40 yeas, All Agriculturists by Occupation and R/o. Khamba, Taluka Patoda, Dist. Beed .... RESPONDENTS
50 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 388 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Age 65 years,
WITH
FIRST APPEAL NO. 383 OF 2006
The State of Maharashtra, Through The Collector, Beed
.... APPELLANT
V E R S U S
Sudam S/o Devrav Marade, Age 35 years, Occupatio Agriculture R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
WITH
FIRST APPEAL NO. 384 OF 2006
51 F.A. 320.....2006 - [ J ]
The State of Maharashtra
.... APPELLANT
V E R S U S
Sitaram S/o Bapu Marade, Age 52 years, Occupation Agriculture R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
WITH FIRST APPEAL NO. 369 OF 2006
The State of Maharashtra,
Through The Collector, Beed
.... APPELLANT
V E R S U S
Both Agriculturist by Occupation and
R/o. Paundul, Taluka Patoda,
Dist. Beed .... RESPONDENTS
WITH
FIRST APPEAL NO. 370 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
52 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 372 OF 2006
The State of Maharashtra .... APPELLANT V E R S U S Havasrav S/o Jagannath Bhosale, Age 43 years, Occupation Agriculture R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
WITH FIRST APPEAL NO. 373 OF 2006
53 F.A. 320.....2006 - [ J ]
The State of Maharashtra
.... APPELLANT
V E R S U S
Moha S/o Jagannath Bhosale, Age 30 years, Occupation Agriculture R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
WITH
FIRST APPEAL NO. 374 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Vishwambhar S/o Gahininath Marade, Age 45 years, Occupation Agriculture R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
WITH FIRST APPEAL NO. 375 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Maruti S/o Janu Landge, Age 52 years, Occupation Agriculture R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
54 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 361 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Age 35 years, 2. Ramesh S/o Namdev Sonavane Age 22 years, Both Agriculturist by Occupation and R/o. Khamba, Taluka Patoda, Dist. Beed .... RESPONDENTS
WITH
FIRST APPEAL NO. 363 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
55 F.A. 320.....2006 - [ J ]
R/o. Limbe, Taluka Patoda, Dist. Beed .... RESPONDENTS
WITH
FIRST APPEAL NO. 365 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
WITH
FIRST APPEAL NO. 366 OF 2006
The State of Maharashtra .... APPELLANT
V E R S U S
Jagannath S/o Apparav Bhosale, Age 60 years, Occupation Agriculture R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENT
56 F.A. 320.....2006 - [ J ]
WITH FIRST APPEAL NO. 368 OF 2006
The State of Maharashtra
.... APPELLANT
V E R S U S
Age 35 years,
Age 28 years,
All Agriculturists by Occupation and R/o. Paundul, Taluka Patoda, Dist. Beed .... RESPONDENTS
Mr. N.B.Patil, Mr. B.L.Dhas, Mrs. M.S.Patni, Mrs. S.A.Dhumal, A.G.Ps. for the State. Mr. D.R.Jaybhar, Mr. B.N.Palve, Mr. R.G.Hange, Mr. T.B.Bhosale, Mr. S.S.Thombre, Advocates for the Respondents - Claimants.
CORAM : S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 17/12/2013.
57 F.A. 320.....2006 - [ J ]
ORAL JUDGMENT :
500/- [ Rupees Five Hundred only ] per R. for Jirayat land, 750/[ Rupees Seven Hundred Fifty only ] per R. for seasonally irrigated land and 1,000/- [ Rupees One Thousand only ] per R. for perennially irrigated land. However, it appears that the Reference Court has treated all the lands as Jirayat lands and awarded compensation @ 500/- [ Rupees Five Hundred only ] per R.58 F.A. 320.....2006 - [ J ]
the sale deeds [ Exh. 24 to 26 ] are in respect of irrigated lands. The lands in question are Jirayat lands. According to the learned A.G.P., the S.L.A.O. has considered all the relevant aspect of the matter and has rightly awarded the compensation. The Court could not have interfered with the amount of compensation awarded. The Court has erroneously relied on the Judgment of this Court delivered in F.A. No. 317 of 1997 with other connected Appeals. The lands in the said Appeals were acquired for Uthala Irrigation Project and for submergence of water. In the said case, the Notification U/s 4 (1) of the said Act was issued on 06/10/1988.
59 F.A. 320.....2006 - [ J ]
the lower side. The Court ought to have considered all the lands as irrigated lands and many of the claimants have filed Appeal for enhancement of compensation. Even cross objections are filed in some of the Appeals, such as F.A. Nos. 231 of 2006, 247 of 2006, 226 of 2006, 401 of 2006, 359 of 2006, 364 of 2006 and 387 of 2006 for enhancement of compensation amount on the ground that the land is to be treated as irrigated land. According to the learned counsel, even the valuation report has not been properly considered in respect of fruit bearing trees. According to the learned counsel, the Reference Court has awarded compensation on the lower side.
60 F.A. 320.....2006 - [ J ]
am only considering as to whether the categorization for the compensation amount was proper or not. The Court has relied on the Judgment of the Division Bench of this Court in F.A. No. 378 of 1997 with other connected Appeals. The Notification U/s 4 (1) of the said Act is of the same period. Even the lands acquired concerned before the Division Bench of this Court were of adjacent village. Naturally, the same can be considered. It appears that even the sale deeds relied by the parties in the present matters and in the Appeals before the Division Bench of this Court are the same.
the Reference Court while relying upon the Judgment of the Division Bench of this Court in F.A. No. 378 of 1997 with other connected Appeals.
said Judgment in proper manner. In light of the above, I do not see any reason to entertain the First Appeals filed by the State, as I have already made clear in the above paragraphs that with regard to the lands to be treated as Jirayat, seasonally irrigated or perennially irrigated, I would be dealing with the same in the Appeals filed by the Claimants and the
Cross Objections. However, I confirm the finding of the Reference
61 F.A. 320.....2006 - [ J ]
Court regarding the market rates of the lands determined @ 500/[ Rupees Five Hundred only ] per R. for the Jirayat land, @ 750/[ Rupees Seven Hundred Fifty only ] per R. for seasonally irrigated and @ ` 1,000/- [ Rupees One Thousand only ] per R. for perennially irrigated land.
other aspects.
[ S.V.GANGAPURWALA, J. ]
KNP/F.A. 320.....2006 - [ J ]
62 F.A. 320.....2006 - [ J ]
2 issues framed by the court
Were the market rates fixed for Jirayat, seasonally irrigated and perennially irrigated lands proper?
Could the Reference Court rely on the Division Bench judgment concerning acquisition in an adjacent village?
Colour shows how this judgement treated each authority
F.A. No. 378 of 1997Relied on¶793
The State of Maharashtra
Dhondiba S/o Eknath Kajale
Kalyan S/oLaxman Marade
Kakasaheb S/o Laxman Marade
Asraji S/o Laxman Marade
Vikram S/o Gunaji Sonwane
S.V.GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court