The High Court dismissed appeals by the State challenging a reference Court's enhancement of land compensation. Upholding the finding that enhancement based on relevant sale instances was just and proper.
Appeals dismissed; reference court's award upholding compensation enhancement.
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.
F.A.No.335/2001
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
FIRST APPEAL NO.335 OF 2001
The State of Maharashtra Through Special Land Acquisition Officer, Jalgaon
..Appellant
Versus
Sukhdeo Nago Patil, Age 50 years, Occu.Agriculture, R/o Khadkisim, Taluka Chalisgaon, District Jalgaon
..Respondent
FIRST APPEAL NO.336 OF 2001
The State of Maharashtra Through Special Land Acquisition Officer, Jalgaon
..Appellant
Versus
Laxman Shankar Wani, Age 40 years, Occu. Agriculture, R/o Mehunbare, Taluka Chalisgaon, District Jalgaon ..Respondent
FIRST APPEAL NO.337 OF 2001
The State of Maharashtra Through Special Land Acquisition Officer, Jalgaon
..Appellant
Versus
Nathu Ankush Patil, Age 50 years, Occu.Agriculture, R/o Khadkisim, Taluka Chalisgaon, District Jalgaon ..Respondent
F.A.No.335/2001
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- WITH -
FIRST APPEAL NO.338 OF 2001
The State of Maharashtra Through Special Land Acquisition Officer, Jalgaon ..Appellant Versus Zulal Kashinath Patil, Age 50 years, Occu.Agriculture, R/o Khadkisim, Taluka Chalisgaon, District Jalgaon ..Respondent - WITH - FIRST APPEAL NO.339 OF 2001 The State of Maharashtra Through Special Land Acquisition Officer, Jalgaon ..Appellant Versus Chintaman Dajee Patil, Age 35 years, Occu. Agriculture, R/o Khadkisim, Taluka Chalisgaon, District Jalgaon ..Respondent - WITH - FIRST APPEAL NO.340 OF 2001 The State of Maharashtra Through Special Land Acquisition Officer, Jalgaon ..Appellant Versus Ramsing Daji Patil, Age 45 years, Occu. Agriculture, R/o Khadkisim, Taluka Chalisgaon, District Jalgaon ..Respondent - WITH -
FIRST APPEAL NO.341 OF 2001
F.A.No.335/2001
3
The State of Maharashtra Through Special Land Acquisition Officer, Jalgaon
..Appellant
Versus
Dinkar Kashinath Patil, Age 50 years, Occu. Agriculture, R/o Khadkisim, Taluka Chalisgaon, District Jalgaon
..Respondent
Mr P.P. More, A.G.P. for appellant Mr V.G. Sakolkar, Advocate for respondent in F.A.No.335/2001 Mr S.C. Swami, Advocate h/f Mr V.D. Gunale, Advocate for respondent in F.A.No.336 of 2001 and in F.A.No.338 of 2001 to 341 of 2001 Mr S.G. Shinde, Advocate for respondent in First Appeal No.337/2001
CORAM : N.W. SAMBRE, J.
DATE : 23rd July 2015
ORAL JUDGMENT
F.A.No.335/2001
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F.A.No.335/2001
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learned reference Court. The reference Court then has proceeded to consider the fact as regards acquisition of land for the purpose of construction of Left Bank Canal-10 of Khaadkisim Taluka Chinchgaon. It is further noticed that the claimants as against the award delivered by the Special Land Acquisition have sought enhancement at the rate of Rs.1 lac per acre.
F.A.No.335/2001
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subsequent to publication of Section 4 notification in the Government gazette, however, nothing could be elicited from the crossexamination of the witness by the appellant herein so as to establish their case that the sale deed was prepared with an intention to claim exorbitant enhancement. Apart from above, it is required to be noted that the land of which the sale instance Exh.30 was produced was located at a distance of 3 Kms. in the same village and the said aspect was given weightage by the reference Court and has reached to a conclusion that the enhancement to the extent of Rs.90,000/- per hectare was based on sale instance Exh.30, which was rightly proved before the reference Court and the fact that the enhancement was ordered on 19th April 2000 and since then no interim order is passed in favour of the present appellant.
( N.W. SAMBRE, J.)
vvr
2 issues framed by the court
Whether the reference Court's enhancement of land compensation is arbitrary or contrary to evidence.
Whether sale instances placed after Section 4 notification can support exorbitant enhancement claims.
1 provisions across 1 enactments
State of Maharashtra Through Special Land Acquisition Officer, Jalgaon
Sukhdeo Nago Patil
Laxman Shankar Wani
Nathu Ankush Patil
Zulal Kashinath Patil
Chintaman Dajee Patil
N.W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
