Bhikubai Shripat Patil Thr Lrs v. The Special Land Acquisition Officer and Anr

903(1) FA NO. 3205 OF 2008++.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 903 FIRST APPEAL NO. 3205 OF 2008

¶1Hari Deochand Marathe Age: 69 years, Occu: Farmer, R/o Bramhanpuri, Tq. Shahada

….APPELLANT

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 823 OF 2007

¶1Sudam Sajan Patil (Deceased) Through L.Rs. 1A) Vitthal Sudam Patil, Age: 38 years, Occu: Agri R/o. Mohida, Tq. Shahada, 1B) Latabai Udhav Patil Age: 50 years, Occu: Agri R/o Ashispur, Tq. Shahada 1C) Vimalben Pitambar Patil Age: 47 years, Occu: Agri 1 of 21 2025:BHC-AUG:36766 (( 2 )) R/o Kurawad, Tq. Shahada 1D) Smt. Nabibi Sudam Patil Age: 70 years, Occu: Agri R/o Maloni, Tq. Shahada, ….APPELLANTS (Appellant No.1A is power of Attorney Holder of Appellant Nos. 1B to 1D)

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 13 OF 2010 Madhukar Gorakh Patil (Deceased) Through L.rs. 1A Vikasbhai S/o Madhukar Patil Age: 25 years, Occu: Education 1B Sau. Rupali W/o Nayan Patel Age: 30 years, Occu: Household 1C Smt. Meenaben W/o Madhukar Patil Age: 50 years, Occu: Household All R/o Lonakhada, tq. Shahada Distrcit-Nandurbar ….APPELLANTS 2 of 21 (( 3 ))

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

X-OBJECTION NO. 32 OF 2023 IN FA/1451/2007 Uddhav S/o Gorak Patil, Age: 59 years, Occu: Farmer, R/o Maloni, Tq. Shahada District Nandurbar ….PETITIONER

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 2769 OF 2010 3 of 21 (( 4 )) Bansi Ghanshyam Patil (Deceased) Through L.rs.

¶1Ravindra Bansi Patil Age: 38 years, Occu: Agri

¶2Mohan Bansi patil Age: 35 years, Occu: Agri

¶3Sumanbai W/o Bansi Patil Age: 62 years, Occu: Agri.,

¶4Chhayabai W/o Vilas Patil Age: 40 years, Occu: Agri All R/o Lonkheda Tq. Shahada ….APPELLANTS

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 2768 OF 2010 Nagin Murar Patil (Died) Through L.rs

¶1Nabiben Nagin Patil Age: 69 years, Occu: Agri

¶2Sau. Kantabai Vitthal Patil, 4 of 21 (( 5 )) Age: 37 years, Occu: Agri

¶3Leelaben Uddhav Patil Age: 34 years, Occu: Agri

¶4Hiraben Sharad Patil Age: 37 years, Occu: Agri

¶5Meeraben Sharad Patil Age: 30 years, Occu: Agri

¶6Nitin Nagin Patil Age: 27 years, Occu; Agri All R/o. Alchi, tq. Shahada, ….APPELLANTS

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

X-OBJECTION NO. 34 OF 2023 IN FA/80/2008 Bula Gorakh Patil Age; 61 years, Occu: farmer R/o Maloni, Tq. Shahada ….PETITIONER

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5 of 21 (( 6 ))

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 3209 OF 2008 Chhabibai Dashrath Patil Age: 42 years, Occu: Farmer R/o Bramhanpuri Tq. Shahada ….APPELLANT

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

X-OBJECTION NO. 33 OF 2023 IN FA/125/2008 Ramesh Shripat Patil Age; 54 years, Occu: Farmer, R/o. Brahmanpuri, Tq. Shahada ….PETITIONER 6 of 21 (( 7 ))

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 4187 OF 2008 Ramesh Dathu Patil Age: 47 years, Occu: Farmer R/o Bramhanpur, tq. Shahada ….APPELLANT

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 4186 OF 2008

¶1Lilabai W/o Hilal Marathe Age: 39 years, Occu: Agri 7 of 21 (( 8 ))

¶2Laxmi D/o Chudaman Marathe, Age: 39 years, Occu: Agri

¶3Bhatu Chudaman Marathe Age: 45 years, Occu: Agri All R/o Brahmanpuri, Tq. Shahada ….APPELLANTS

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 4193 OF 2008 Dashrath Nattu Patil Age: 67 years, Occu: Farmer R/o Bramhanpuri, Tq. Shahada, ….APPELLANT

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¶28 of 21 (( 9 ))

¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 3540 OF 2008 Bhikubai Shripat Patil Deceased Through L.Rs.

¶1Ramesh Shripat Patil Age: 65 years, Occu: Agri., R/o. Brahmanpuri, Tq. Shahada,

¶2Kamalbai W/o Jadhav Patil, Age: 58 years, Occu: Household, R/o Junawane, Tq. Shahada,

¶3Meerabai W/o Damu Patil Age: 55 years, Occu: Household, R/o Shirud-Digar, Tq. Shahada, Dist. Nandurbar

¶4Ramdas S/o Natthu Patil Age: 43 years, Occu: Agri R/o Shahada, Tq. Shahada, ….APPELLANTS

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

X-OBJECTION NO. 35 OF 2023 IN FA/2917/2008 Devkabai W/o Bhatu Marathe (Died) Through L.Rs. Ganesh S/o Bhatu Marathe (Died) Through L.Rs., 1A) Sunanda W/o Ganesh Marathe Age: 50 years, Occu: Household 1B) Tyagraj S/o Ganesh Marathe Age: 31 years, Occu; Service 1C) Sapna D/o. Ganesh Marathe Age: 29 years, Occu: Household 1D) Prashant S/o Ganesh Marathe Age: 27 years, Occu: Education 2A) Chhayabai W/o Ambadas Nawale Age: 45 years, Occu: Household Applicant No.1A to 2A R/o Bramhanpuri, Tq. Shahada ….PETITIONERS

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¶210 of 21 (( 11 ))

¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 4189 OF 2008

¶1Prabhakar Chhoutulal Vispute Died Through L.rs. 1-A Mangalabai W/o Prabhakar Vispute Age: 69 years, Occu; retired 1-B Pavan S/o Prabhakar Vispute, Age: 32 years, Occu: Classes 1-C Sonal W/o Nandkumar Randhir, Age: 44 years, Occu: Household 1-D Shilpa W/o Vinayak Sonawane Age: 42 years, Occu: Household 1-E Prachi W/o Rahul Sonawane Age: 40 years, Occu: Household All applicants R/o Bramhanpuri, Tq. Shahada, Dist. Nandurbar ….APPELLANTS

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¶211 of 21 (( 12 ))

¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS FIRST APPEAL NO. 4188 OF 2008 Chagan Tarachand Marathe Age: 67 years, Occ: Farmer, R/o. Bramhanpuri, Tq. Shahada ...APPELLANT

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 4190 OF 2008

¶1Sudam Sadu Patil (Deceased)

¶2Krushna Sadu Patil (Died) Through L.Rs. 2-A Radhabai W/o Krushna Patil Age: 60 years, Occu: Nil 2-B Vijay S/o Krushna Patil Age: 37 years, Occu: Agri 12 of 21 (( 13 )) 2-C Sanjay S/o Krushna Patil Age: 32 years, Occu: Service All R/o Brahmanpuri, Tq. Shahada ….APPELLANTS

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 3206 OF 2008 Limbaji Chhagan Patil Age: 55 yearsm Occu: Farmer R/o Brahmanpuri, Tq. Shahada ….APPELLANT

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¶213 of 21 (( 14 ))

¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS

FIRST APPEAL NO. 3208 OF 2008 Jadhav Mangalu Patil Age: 72 years, Occu: Farmer R/o Bramhanpuri, Tq. Shahada Through Power of Attorney Holder Mohan S/o Jadhav Patil, Age: 45 years, Occu: Agri R/o As above. ….APPELLANT

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS FIRST APPEAL NO. 3455 OF 2008 Ramdas Vithal Patel Age: 52 Years, Occu: Farmer R/o Bramhanpuri Tq. Shahada ...APPELLANT

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14 of 21 (( 15 ))

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¶3Nandurbar Tq & Dist. Nandurbar ….RESPONDENTS …. Mr. Dhananjay A. Naik h/for Mr. S. V. Bhosale, Advocate for Appellants / petitioners in all matters Mr. A. A. A. Khan, AGP for Respondents/State Mr. Subhash Chillarge, Advocate for Respondent No.3 in all matters …. CORAM : SANJAY A. DESHMUKH, J. DATE : 28.11.2025 ORAL JUDGMENT :-

¶1All these appeals arise out of the acquisition of agricultural lands from different villages which are adjacent to each other.

¶2Learned advocate for the appellants pointed out the following lands, along with their details, which were acquired for the project of Minor Irrigation Tank Susari, situated in the villages viz Bramhanpuri, Navalpur, Chandsaili, Mohide-Tarfe-Haveli and Godipur, Tahsil and District Nandurbar, as under: Sr. No. F. A. No. L.A.R. No. Name of Claimants Block No. Acquired Area S.L.A.O. Award Rs. Reference Court Awarded Rs. 3205/2008 32/2000 Hari Deochand Marathe 04 H 42 R. 12 R. Barren 56,000/- per Hector for BG. For 1,15,000/- Per Hector by 15 of 21 (( 16 )) barren not awarded amount considered as 13/2010 Madhukar Gorakh Patil 103/ 01 H 15R PK 09 R 53,000/- Per hector 1,75,000/- per Hector 2768/2010 14/2000 Nagin Murar Patil

(P) 02 H. 15 R. 53,000/- per Hector for BG 1,75,000/- per Hector 2769/2010 13/2000 Bansi Ghanshyam Patil (Died) Through L.R. Ravindra & Ors. 91/P 00 H 97 R 56,000/- per Hector 1,75,000/- per Hector 3206/2008 26/2000 Limbaji Chhagan Patil 9/

(p) 02 H. 23 R. PK 08 R 56,000/- per Hector 1,75,000/- per Hector. 3208/2008 24/2000 Jadhav Mangalu Patil 41/2 01 H 62 R 53,000/- per Hector 1,75,000/- per Hector 3209/2000 30/2000 Chhabibai Dashrath Patil 03 H 92 R 56,000/- Per Hector 1,50,000/- per Hector 3455/2008 05/2000 Ramdas Vitthal Patel 00 H 13 R 56,000/- Per Hector 1,75,000/- per Hector 3540/2008 09/2000 Bhikubai Shripat Patil +3 04 H 12 R 45 R PK 56,000/- Per Hector 2,10,000/- per Hector as Bagayat. 4186/2008 33/2000 Lilabai Hilal Marathe 12/P 00 H 18 R 56,000/- Per Hector 2,00,000/- Per Hector 4187/2008 22/2000 Ramesh Datthu Patil 13/P 00 H. 31 R 56,000/- Per Hector 2,10,000/- per Hector 4188/2008 8/2000 Chhagan Tarachand Marathe 31/P 00 H 54 R 59,000/- Per Hector 1,50,000/- per Hector 4189/2008 15/2000 Prabhakar Chotulal Vispute 01 H 52 R 08 R Pk 02 H 09 R 15 R Pk 53,000/- per Hector 65,000/- per Hector 2,10,000/- per Hector 2,10,000/- per Hector 4190/2008 25/2000 Sudam Sadu patil 27/P 01 H 47R 14 R PK 56,000/- Per Hector 1,75,000/- per Hector 4193/2008 06/2000 Dashrath Nathu Patil /P 00 H 52 R 65,000/- Per Hector 1,35,000/- Per Hector 823/2007 05/2005 Sudam Sajan Patil

(P) 01 H 40 R 65,000/- Per Hector 75,500/- per Hector 16 of 21 (( 17 )) X. Obj.No.32/ 2023 IN FA/1451/20 20/2000 Uddhav Gorakh Patil 101/ 01 H 15 R PK 05 R 53,000/- per Hector for BG 1,15,000/- Per Hector X.Obj.No.33 /2023 IN FA/125/200 07/2000 Ramesh Shripat Patil 37/2 01 H 14 R 56,000/- Per Hector 1,87,500/- Per Hector X.Obj.No 34/2023 IN FA/80/2008 22/2000 Bula Gorakh Patil 101/ 1/P 01 H. 15 R. 15 R. PK 53,000/- Per Hector 1,75,000/- Per Hector X.Obj.No 35/2023 IN FA/2917/20 27/2000 Devkabai Bhatu Marathe 02 H 65 R PK 04 R 59,000/- per Hector. 2,00,000/- per Hector.

¶3Learned advocate for the appellants / claimants submitted that the lands of the claimants were irrigated and had pipeline facilities. However, the learned Reference Court did not consider this aspect in its proper perspective and awarded a meager amount of compensation by holding that, in some matters, the lands of the claimants were irrigated and semi-irrigated. The amount of compensation was not properly determined considering the evidence adduced by the claimants, particularly the sale instances were not properly appreciated. He submitted that the reasons and findings recorded by the learned Reference Court are neither legal nor correct, either on facts or in law. He further pointed out the judgment of this Court delivered in First Appeal No.133 of 2007 and other connected matters dated 25.01.2021, wherein compensation of Rs.2,00,000/- 17 of 21 (( 18 )) per hectare was awarded for irrigated land. He therefore submitted that the principle of parity be applied while awarding compensation to the claimants lands in the present appeals, as well as in the cross-objections filed by them in the other four appeals, which were withdrawn in view of the Circular of the State Government authorizing the learned AGP to withdraw appeals where the compensation awarded is not more than four times. Learned advocate for the claimants lastly prayed to allow the appeals as well as the Cross-Objections.

¶4Learned AGP for the State and Learned advocate for respondent No.3 strongly opposed the appeals and cross-objections and submitted that there is no substance in the grounds of objections raised by the claimants. They submitted that the entire evidence was properly appreciated by the learned Reference Court and calculated the amount of compensation based on the evidence. They therefore submitted that no interference is warranted in the impugned judgments and awards and lastly prayed to dismiss the appeals and Cross-Objections.

¶5Perused the impugned judgments and awards as well as the record and proceedings, along with the judgment relied upon by the 18 of 21 (( 19 )) learned advocate for the appellants/claimants, delivered on

25.01.2021 in First Appeal No.133 of 2007. On perusal of the entire documentary evidence, particularly the 7/12 extracts and the oral and documentary evidence, it appears that except for the barren land shown in the table, the claimants' lands are similarly situated. The lands in the vicinity are of the same quality and have the facility of a pipeline. This shows that the lands in question, which were acquired for one and the same project, are required to be compensated on the basis of the judgment delivered on 25.01.2021 in First Appeal No.133 of 2007 and other connected matters.

¶6As regards to the First Appeal Nos.3540 of 2008, 4186 of 2008, 4187 of 2008, 4189 of 2008 and Cross-Objection No.35 of 2023 in FA/2917/2008, the learned Reference Court has already awarded compensation @ Rs.2,10,000/-, Rs.2,00,000/-, Rs.2,10,000/-, Rs.2,10,000/- and Rs.2,00,000/- per hectare respectively. Hence, the said appeals and Cross-Objection deserve to be dismissed.

¶7Considering all these aspects and on the principle of parity, the cross-objections and the First Appeals excluding First Appeal Nos.3540 of 2008, 4186 of 2008, 4187 of 2008, 4189 of 2008 and 19 of 21 (( 20 )) Cross-Objection No.35 of 2023 in FA/2917/2008, deserve to be partly allowed, and the impugned judgments and awards deserve to be partly set aside. Hence, the following order: :: ORDER :: a. The First Appeals except First Appeal Nos.3540 of 2008, 4186 of 2008, 4187 of 2008, 4189 of 2008 are partly allowed. The Cross-Objections except Cross-Objection No.35 of 2023 in FA/2917/2008, are partly allowed. b. The impugned judgments and awards are partly set aside and modified as under: c. The compensation awarded by the learned Reference Court is enhanced to Rs. 2,00,000/- per hectare for irrigated lands of the claimants in all the claim petitions along with statutory benefits. d. The claimants are entitled to compensation @ Rs. 50,000/- per hectare for their barren lands, along with statutory benefits including interest, etc., as per the provisions of the Land Acquisition Act. e. The First Appeal Nos.3540 of 2008, 4186 of 2008, 4187 of 2008, 4189 of 2008 and Cross-Objection No.35 of 2023 in FA/2917/2008 are dismissed. f. It is clarified that the claimants shall not be entitled to interest for the period of delay, if such delay is condoned by this Court. 20 of 21 (( 21 )) g. The Acquiring Authority is directed to deposit the amount of enhanced compensation within 12 weeks, along with interest and other benefits accrued thereon. h. Pending Civil Applications, if any, stand disposed of. [ SANJAY A. DESHMUKH, J. ] HRJadhav 21 of 21