Partly allowed

The Ex. Engineer, Minor Irrigation Division Osmanabad Thr Gmidc Aurangabad v. Tukaram Manikrao Patil (Died) Thr Lrs Shashikala and Ors.

Bombay HC18 Feb 2019FA/2128/2018

Case brief

AI extract

What is this about?

These appeals challenged the Land Acquisition Court award granting interest from the Section 4 notification date instead of the award date. Relying on binding precedent, the Court quashed the interest calculation from the notification date and ordered it to be payable only from the date of the award.

What did the court decide?

The common judgment and award regarding interest from the date of Section 4 notification (25.07.1995) are quashed and set aside; interest is made payable from the date of passing of the award (29.05.1

The Ex. Engineer, Minor Irrigation Division Osmanabad Thr… — Land Acquisition | Bombay HC (2019)

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6-FA-2128-2018 judg .odt

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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FIRST APPEAL NO.2128 OF 2018

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The Executive Engineer,
Minor Irrigation Division, Osmanabad.
Through Godavari Marathwada Irrigation
Development Corporation, Aurangabad ...Appellant

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Versus

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Tukaram Manikrao Patil (Died through L.Rs.)

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1.Shashikala Anil Somwanshi
Age: Major, Occ: Agriculturist,
R/o.- Achler, Tq- Lohara,
Dist.-Osmanabad.

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2. Ranjana Nanasaheb Shinde Age: Major, Occ: Agriculturist, R/o.- Ganesh Nagar Osmanabad.

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3. The State of Maharashtra Through Collector Osmanabad.

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4. The Spl. Land Acquisition Officer, (P.T. & M.I.) Osmanabad. ...Respondents

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...

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Mr. Sudhir G. Bhalerao, Advocate for Appellant.
Mr. L.C. Patil, Advocate for Respondent Nos. 1 and
2.
Mr. P.M. Kulkarni, AGP for Respondent Nos. 3 and 4.

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WITH

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FIRST APPEAL NO. 517 OF 2019

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The Executive Engineer,
Minor Irrigation Division, Osmanabad.
Through Godavari Marathwada Irrigation
Development Corporation, Aurangabad ...Appellant

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Versus

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1. Manik Ananta Kolge, Age: Major, Occ: Agriculturist, R/o.- Keshegaon, Tq. & Dist- Osmanabad.

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6-FA-2128-2018 judg .odt

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(2)

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2. The State of Maharashtra Through Collector Osmanabad.

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3. The Spl. Land Acquisition Officer, (P.T. & M.I.) Osmanabad. ...Respondents

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...

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Mr. Sudhir G. Bhalerao, Advocate for Appellant.
Mr. S.A. Wakure, Advocate for Respondent No.1.
Mr. P.M. Kulkarni, AGP for Respondent Nos. 2 and 3.

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WITH

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FIRST APPEAL NO. 518 OF 2019

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The Executive Engineer,

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Minor Irrigation Division, Osmanabad.
Through Godavari Marathwada Irrigation
Development Corporation, Aurangabad ...Appellant

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Versus

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1. Prabhakar Kashinath Kamathe, Age: Major, Occ: Agriculturist, R/o.- Dharur, Tq- & Dist- Osmanabad.

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2. The State of Maharashtra Through Collector Osmanabad.

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3. The Spl. Land Acquisition Officer, (P.T. & M.I.) Osmanabad. ...Respondents

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...

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Mr. Sudhir G. Bhalerao, Advocate for Appellant.
Mr. S.A. Wakure, Advocate for Respondent No.1.
Mr. P.M. Kulkarni, AGP for Respondent Nos. 2 and 3.

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WITH

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FIRST APPEAL NO. 519 OF 2019

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The Executive Engineer,
Minor Irrigation Division, Osmanabad.
Through Godavari Marathwada Irrigation
Development Corporation, Aurangabad ...Appellant

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Versus

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1. Jambuwant Bhanudas Kore,

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6-FA-2128-2018 judg .odt

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(3)

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Age: Major, Occ: Agriculturist,
R/o.- Dharur, Tq- & Dist- Osmanabad.

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2. The State of Maharashtra Through Collector Osmanabad.

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3. The Spl. Land Acquisition Officer, (P.T. & M.I.) Osmanabad. ...Respondents

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...

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Mr. Sudhir G. Bhalerao, Advocate for Appellant.
Mr. S.A. Wakure, Advocate for Respondent No. 1.
Mr. P.M. Kulkarni, AGP for Respondent Nos. 2 and 3.

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...

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CORAM : P.R. BORA, J.
 DATED : 18th FEBRUARY, 2019.

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ORAL JUDGMENT:-

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.Since all these appeals are arising out of

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the common judgment and award, common arguments are

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heard in all these appeals and I deem it
appropriate to decide these appeals by a common
reasoning.

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2.The acquiring body has challenged the
common judgment and award passed by the Court of
Civil Judge Senior Division at Osmanabad in L.A.R.

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Nos. 205 of 2010, 207 of 2010, 202 of 2010 and 206
of 2010 on 25.04.2013. The said land acquisition
references were filed by the respective claimants

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claiming the enhancement in the amount of

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compensation for their lands acquired for the
purpose of construction of Minor Irrigation Tank at

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6-FA-2128-2018 judg .odt

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(4)

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Village Keshegaon and Dharur. The common judgment
and award is challenged by the acquiring body only
to the extent the Reference Court has awarded the
interest under Section 34 of the Act from the date
of issuance of Section 4 notification. The learned
counsel appearing for the respondents i.e. original
claimants has fairly conceded the legal position
settled by the full bench of this Court in the case
of “The State of Maharashtra Vs. Kailash Shiva
Rangari, 2016 (4) All M.R. 513” and has submitted
for passing appropriate orders. The learned
counsel further submitted that though the judgment
has been delivered in the reference application way
back in the year 2013, till date the acquiring body
has not deposited any amount towards the
enhancement as has been granted. The learned
counsel in the circumstances prayed that some
directions may be given to the acquiring body for
deposit of the amount. The learned AGP has also
submitted for passing appropriate orders.

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3.In the common judgment and award impugned

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in the present appeals, the Reference Court has
awarded the interest under Section 34 of the Act
from the date of issuance of Section 4 notification

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6-FA-2128-2018 judg .odt

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(5)

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i.e. 25.07.1995. The award under Section 11 of the

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Act was admittedly passed on 29.05.1999. In view
of the law laid down by the full bench of this
Court in the case of “The State of Maharashtra Vs.
Kailash Shiva Rangari, 2016 (4) All M.R. 513”, the
interest under Section 34 of the Act can only be
awarded from the date of passing of the award and
not from any prior date. In view of the law laid
down by the full bench, the common judgment and
award impugned in the present appeals so far as it
relates to grant of interest under Section 34 of
the Act from the date of Section 4 notification
cannot be sustained and deserves to be set aside.

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In so far as the other part of the award is
concerned, there is no challenge and as such the
same will remain as it is. For the reasons stated
above, the following order is passed:

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ORDER

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i)The common judgment and award so far as it
relates to grant of interest under Section 34 from
the date 25.07.1995 i.e. issuance of Section 4
notification is quashed and set aside; instead such
an interest is made payable from the date of
passing of the award i.e. 29.05.1999.

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6-FA-2128-2018 judg .odt (6)

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ii)Modified award be prepared accordingly.

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iii)The appeals stand partly allowed in the
aforesaid terms.

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iv) It is hoped and expected that the acquiring
body will deposit the amount of compensation as per
the modified award preferably within the period of

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six months.

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Mujaheed//

The Ex. Engineer, Minor Irrigation Division Osmanabad Thr Gmidc Aurangabad v. Tukaram Manikrao Patil (Died) Thr Lrs Shashikala and Ors.

Case brief

What is this about?

What did the court decide?

The Ex. Engineer, Minor Irrigation Division Osmanabad Thr Gmidc Aurangabad v. Tukaram Manikrao Patil (Died) Thr Lrs Shashikala and Ors.

Case brief

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What did the court decide?

What the court decided

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