Allowed

Mr. Dattu @ Dattaraya Chavan v. the State of Maharashtra through Collector, Kolhapur and Ors.

Bombay HC1 Sept 2021FA/1515/2019

Case brief

AI extract

What is this about?

The High Court disposed of multiple appeals regarding land acquisition compensation. After an error in calculating enhanced compensation based on incorrect land area, the Court directed the acquiring body to recalculate rates for Jirayat and Bagayat land. The Court also limited a specific frontage distance concession to the current cases based on appellant instructions.

What did the court decide?

The acquiring body was directed to recalculate and release compensation at Rs. 1,50,653 per hectare for Jirayat land and Rs. 3,01,306 per hectare for Bagayat land, along with accrued interest and sola

Mr. Dattu @ Dattaraya Chavan Vs the State of Maharashtra… — Land Acquisition | Bombay HC (2021)

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IRESH Digitally signed byIRESH SIDDHARAM SIDDHARAM MASHAL MASHAL Date: 2021.09.0217:14:10 +0530

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29.198.19 fa.doc

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ISM

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO. 198 OF 2019

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SHRI. SHANKAR MAHADEV RANE ….APPELLANT

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V/s.

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THE STATE OF MAHARASHTRA THR. …..RESPONDENTS COLLECTOR, KOLHAPUR AND ORS

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WITH FIRST APPEAL NO. 1515 OF 2019 MR. DATTU @ DATTARAYA CHAVAN ….APPELLANT V/S. THE STATE OF MAHARASHTRA THR. …..RESPONDENTS COLLECTOR, KOLHAPUR AND ORS WITH FIRST APPEAL NO. 1511 OF 2019 SHRI. RAMA KRISHNA SAWANT ….APPELLANT V/S. THE STATE OF MAHARASHTRA THROUGH ….RESPONDENTS COLLECTOR, KOLHAPUR AND ORS WITH FIRST APPEAL NO. 1453 OF 2019 SHRI. BABU LAXMAN GHEWADE ….APPELLANT SINCE DECD THROUGH LRS

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29.198.19 fa.doc

V/S.

THE STAT OF MAHARASHTRA THR. ….RESPONDENTS COLLECTOR, KOLHAPUR AND ORS

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WITH FIRST APPEAL NO. 1452 OF 2019

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SHRI. MARUTI SANTU SUPAL ….APPELLANT V/S.

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THE STATE OF MAHARASHTRA THR. ….RESPONDENTS COLLECTOR, KOLHAPUR AND ORS

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WITH FIRST APPEAL NO. 1456 OF 2019

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SHRI. SHIVAJI MADHU SUPAL ….APPELLANT V/S. THE STATE OF MAHARASHTRA THR. ….RESPONDENTS COLLECTOR, KOLHAPUR AND ORS

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WITH FIRST APPEAL NO. 1579 OF 2019

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SHRI. JOTHIBHA VITHU GAVADE ….APPELLANT V/S. THE STATE OF MAHARASHTRA THR. ….RESPONDENTS COLLECTOR, KOLHAPUR AND ORS

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WITH

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FIRST APPEAL ST NO. 2019 OF 2019 SHRI. MARUTI KRISHNA DHADAM ….APPELLANTS

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29.198.19 fa.doc

AND ORS

V/S.

THE STATE OF MAHARASHTRA THR. ….RESPONDENTS COLLECTOR, KOLHAPUR AND ORS

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WITH

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FIRST APPEAL NO. 1578 OF 2019

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MR. BAYAPPA RAMA CHAVAN ….APPELLANTS AND ANR

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V/S.

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THE STATE OF MAHARASHTRA THR. ….RESPONDENTS COLLECTOR, KOLHAPUR AND ORS

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WITH

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FIRST APPEAL NO. 1560 OF 2019

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SHRI. RAMCHANDRA MAHADEV RANE ….APPELLANT

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V/S.

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THE STATE OF MAHARASHTRA THR. ….RESPONDENTS COLLECTOR, KOLHAPUR AND ORS

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Mr. Satyajeet A. Rajeshirke for the appellant in all FA Mr. A. R. Patil AGP for Respondent nos. 1 & 2 Ms. Chaitrali Deshmukh for Respondent no. 3 Ms. Ashvini Varute, Tahsildar, Bhudargad, incharge S.D.O. Vijaysinh Krishna Rathod, Sub-oDivisional Engineer, Dudhganga Left Bank Canal, Sub. Divn. No. 3, Kolhapur.

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CORAM : NITIN W. SAMBRE, J.

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DATE: SEPTEMBER 1, 2021.

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29.198.19 fa.doc

P.C.:

1] Heard respective counsel.

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2] These Appeals can be disposed of by a common order.

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3] This Court after hearing respective learned counsel on 23/08/2021 passed a speaking order having regard to error noticed in the calculation of enhanced amount of compensation. It was noted that sale deed dated 19/04/1997, Gat No. 14/3 which was relied on by the appellant-oland owner deals with sale of 23Are land out of 34Are land whereas enhancement is calculated considering the consideration of 34Are instead of 23Are land.

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4] Accordingly, this Court directed respondent to place on record their respective calculations. Calculations tendered by acquiring body through its Sub-oDivisional Engineer, Sub Division No. 3, Kolhapur and verifed by in-ocharge Sub-oDivisional Offcer are placed on record which are marked as ‘X’ for identifcation. Said calculations are accepted by appellant-oland owners.

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29.198.19 fa.doc

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5] In the aforesaid background, appeals are disposed of with following order.

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6] Acquiring body is directed to recalculate enhanced compensation at the rate of Rs. 1,50,653/-o per Hector for Jirayat land and Rs. 3,01,306/-o for Bagayat land. Let the aforesaid calculations qua claim in each of the appeals be completed within period of 8 weeks from today. Acquiring body shall, after such calculation, forthwith release the amount of compensation with accrued interest and solatium in proportion to the calculated amount and statutory benefts.

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7] Appeals as such, stand disposed of with aforesaid modifcation

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in the Judgment delivered by the Reference Court under Section 18 of the Land Acquisition Act.

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8] In view of submissions made by learned counsel appearing for

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the appellant-oland owners, adjustment of total 25% of the amount of

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29.198.19 fa.doc

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compensation towards loss of non-oavailability of frontage and distance, are restricted only to the considerations in the present case

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as said concession is based on instructions of land owners in this case only.

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[NITIN W. SAMBRE, J.]

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Mr. Dattu @ Dattaraya Chavan v. the State of Maharashtra through Collector, Kolhapur and Ors.

Case brief

What is this about?

What did the court decide?

Mr. Dattu @ Dattaraya Chavan v. the State of Maharashtra through Collector, Kolhapur and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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