Dismissed

The Executive Engineer, Minor Irrigation Division NO.1, Aurangabad and Anr. v. Bhikan Narayan Suste and Others

Bombay HC23 Jan 2018FA/2165/2017

Case brief

AI extract

What is this about?

This is a brief order dismissing multiple connected first appeals challenging a reference court award enhancing land acquisition compensation. The court dismissed the appeals noting the State accepted a subsequent higher award and the rate was within government policy limits. The deposited amount was ordered withdrawable.

What did the court decide?

The appeals are dismissed; the deposited compensation amount is ordered to be withdrawn by the respondents along with accrued interest.

The Executive Engineer, Minor Irrigation Division NO.1… — Land Acquisition | Bombay HC (2018)

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( 1 ) 918-FA 4244 of 2016 & ors.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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918 FIRST APPEAL NO.4244 OF 2016

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1. The Executive Engineer, Minor Irrigation Division No.1, Sinchan Bhavan, Jalna Road, at Aurangabad.

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2.State of Maharashtra
Through Special Land Acquisition
Officer, Collector Office,
Aurangabad...Appellants

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VERSUS

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Laxman Jairam Dhokale
Age: 49 years, Occu.: Agri,
R/o.Pendgaon, Tq.Sillod,
Dist.Aurangabad.

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..Respondent

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...

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Advocate for Appellants : Mr.Rajale Gulab B.
Advocate for Respondents : Mr.Adkine S. K.

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...

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WITH
FIRST APPEAL NO.2167 OF 2017

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WITH
FIRST APPEAL NO.2151 OF 2017

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WITH
FIRST APPEAL NO.2165 OF 2017

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WITH

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FIRST APPEAL NO.2166 OF 2017

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WITH

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FIRST APPEAL NO.2092 OF 2017
WITH

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( 2 ) 918-FA 4244 of 2016 & ors.

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FIRST APPEAL NO.2163 OF 2017
WITH
FIRST APPEAL NO.2093 OF 2017
WITH
FIRST APPEAL NO.1808 OF 2017
WITH
FIRST APPEAL NO.1807 OF 2017
WITH
FIRST APPEAL NO.2094 OF 2017
WITH
FIRST APPEAL NO.2095 OF 2017
WITH
FIRST APPEAL NO.1795 OF 2017
WITH
FIRST APPEAL NO.2149 OF 2017

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...

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CORAM : M.S.SONAK, J.
 DATE :23.1.2018

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ORAL JUDGMENT:-

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1)Learned counsel for the parties submit that along
with this First Appeal, connected First Appeal Nos.2167
Of 2017, 2151 Of 2017, 2165 Of 2017, 2166 Of 2017, 2092
Of 2017, 2163 Of 2017, 2093 Of 2017, 1808 Of 2017, 1807
Of 2017, 2094 Of 2017, 2095 Of 2017, 1795 Of 2017 and
2149 of 2017 be taken on board and disposed of today
itself.

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( 3 ) 918-FA 4244 of 2016 & ors.

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2)In view of the aforesaid, even connected matter

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though not on board, are called for and are taken on
board for the purpose of disposal.

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3)Learned counsel for the parties point out that all
these appeals infact challenge common Judgment and award
dated 3.5.2013, by which the Reference Court has enhanced
the compensation in respect of the acquired lands from

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Rs.995/- per Are to Rs.2,500/- per Are in respect of
seasonally irrigated land and Rs.1,667/- per Are in
respect of Jirayat land.

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4)The learned counsel for the respondents-claimants

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had infact mentioned all these matters earlier for final
disposal and today he points out that the Reference
Court, by another Judgment and award dated 27.10.2014 has
enhanced the compensation from Rs.950/- per Are to
Rs.6,200/- per Are in respect of seasonally irrigated
land, which came to be acquired under the very same

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( 4 ) 918-FA 4244 of 2016 & ors.

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Section 4 Notification from the same village and for the
same Project. He points out that the acquiring body or
the State of Maharashtra had not preferred any appeal to
question the Judgment and award dated 27.10.2014, which
means that they have accepted such rate.

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5)Aforesaid statement of the learned counsel for the
respondents-claimants is not disputed by Mr.G.B.Rajale
learned counsel for the appellants.

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6) In view of the aforesaid, it is only appropriate

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that these appeals be disposed of as requested by the
learned counsel for the appellants and respondent-
claimants.

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7)Apart from this, the enhanced rate in the present

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case is well within the limits prescribed in the
Government Resolution dated 3.11.2016 as amended from

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time to time. This Government Resolution relates to the

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( 5 ) 918-FA 4244 of 2016 & ors.

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policy of the State Government that it shall not
institute or pursue appeals where the enhanced
compensation is less than four times of the Ready

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Reckoner Rate prevalent on the date of the issue of
Section 4 Notification.

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8)For the aforesaid reasons, all these appeals are

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liable to be dismissed and the same are hereby dismissed.

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9)The Civil Applications do not survive and the same

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are also disposed of.

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10)In view of the disposal of the appeals, the
compensation amount deposited by the appellants can now
be withdrawn by the respondents-claimants alongwith
interest if any, which may have accrued thereon, subject
to the usual verification procedure to be undertaken by
the Registry.

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SPT/918-FA 4244 of 2016 & ors.

The Executive Engineer, Minor Irrigation Division NO.1, Aurangabad and Anr. v. Bhikan Narayan Suste and Others

Case brief

What is this about?

What did the court decide?

The Executive Engineer, Minor Irrigation Division NO.1, Aurangabad and Anr. v. Bhikan Narayan Suste and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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