Haribhau Keshav Shirude (Wani) v. The Collector Dhule and Ors

ORDER IN FIRST APPEALS 1] Heard the learned counsel for the appellants. The appellants – original claimants have challenged the respective impugned awards passed by the Reference Court in these First Appeals. 2] The learned counsel for the appellants submits that in the identical matters arising out of the same acquisition proceedings, this Court, by order dated 17th July, 2023 in First Appeal No.1135 of 2023 along with connected matters has passed the following orders, which reads thus :

¶1Heard rival submissions.

¶2All these appeals are filed by the respective appellants – claimants challenging the respective impugned judgments and awards passed by the learned Civil Judge Senior Division, Dhule in their respective Land Acquisition References.

¶3It is brought to the notice by the learned Counsel – Mr.A.B.Kale for the appellants – claimants that the other connected matters arising out of the same acquisition were already settled in Lok Adalat dated 8th February, 2020 by way of compromise between the appellants – claimants therein and the respondent – acquiring body. It was decided at the relevant time that, acquiring body had accepted to pay compensation amounts in respect of house properties mentioned therein to the extent 85% of the valuation reports filed before the learned Reference Court within a period of one year from the date of compromise. Further, it was also agreed by the appellants – claimants therein to accept the interest under Section 20 of the Land Acquisition Act from the date of award instead of date of notification.

¶4It is significant to note that, in view of the said compromise or settlement in the aforesaid Lok Adalat dated 8th February, 2020, this Court vide order dated 27th April, 2023 also disposed off bunch of appeals namely First Appeal No.3738 of 2019 and others arising out of same acquisition, on the same conditions.

¶5The respective learned Counsel for the respondent – acquiring body in all these appeals also accepted the aforesaid fact of compromise and prayed for disposing the appeals on the same terms and conditions.

¶6In view of the same, following order is passed: ORDER

(i) All these appeals are partly allowed and the respondent – acquiring body shall pay compensation amount to all these appellants – claimants in respect of their house properties mentioned therein at the rate of 85% of the valuation report submitted by these appellants before the learned Reference Court.

(ii) The respondent – acquiring body shall pay the interest under Section 28 of the Land Acquisition Act from the date of award.

(iii) The respondent – acquiring body shall deposit the amount of enhanced compensation as aforesaid, within a period of one year from the date of this order directly in Reference Court and on such deposit, all these appellants – claimants are permitted to withdraw their respective amounts of compensation alongwith the interest.

(iv) In case the payment is delayed by the respondent – acquiring body even after period of one year then it shall carry the statutory interest till its realization.

(v) The concerned appellants – claimants are directed to pay the deficit Court fees, if any, at the time of modification of awards.

(vi) The awards be modified accordingly and the pending Civil Applications, if any, also stand disposed of.

3] The learned counsel appearing for the respondents have not disputed the fact that the present appeals are identical to the First Appeal No.1135 of 2023 and connected matters. 4] In view of the same, I pass the following order : ORDER i] All these appeals are partly allowed and the respondent – acquiring body shall pay compensation amount to all these appellants – claimants in respect of their house properties mentioned therein at the rate of 85% of the valuation report submitted by these appellants before the learned Reference Court. ii] The respondent – acquiring body shall pay the interest under Section 28 of the Land Acquisition Act from the date of award. iii] The respondent – acquiring body shall deposit the amount of enhanced compensation as aforesaid, within a period of one year from the date of this order directly in Reference Court and on such deposit, all these appellants – claimants are permitted to withdraw their respective amounts of compensation alongwith the interest. iv] In case the payment is delayed by the respondent – acquiring body even after period of one year then it shall carry the statutory interest till its realization. v] The concerned appellants – claimants are directed to pay the deficit Court fees, if any, at the time of modification of awards. vi] The awards be modified accordingly and the pending Civil Applications, if any, also stand disposed of. [ARUN R. PEDNEKER] JUDGE DDC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 66. CIVIL APPLICATION NO.11300 OF 2023 IN FIRST APPEAL STAMP NO.22629 OF 2023 FIRST APPEAL STAMP NO.22629 OF 2023 Kesharbai Mansing Girase, Age : 87 years, Occ : Agriculture, R/o. Divi, Tal. Shindkheda, Dist:Dhule. ..APPELLANT 1] 2] 3] Dhule Medium Irrigation Project Department No.1, Dhule. … Mr.A.B.Kale, Advocate for the applicant-appellant. Mr.K.N.Lokhande, AGP for the respondent-State Mrs.Manjusha S. Jagtap-Ware, Advocate for the respondent no.3. ... 67. CIVIL APPLICATION NO.11301 OF 2023 IN FIRST APPEAL STAMP NO.22848 OF 2023 FIRST APPEAL STAMP NO.22848 OF 2023 Pundlik Suka Chaudhari [died] Through LRs 1] Ashok Pundlik Chaudhari Age: 43 years, Occ : Agriculture 2] Suresh Pundlik Chaudhari Age: 40 years, Occ : Agriculture 3] Rekhabai Pundlik Chaudhari Age: 38 years, Occ : Agriculture / Household 4] Sunitabai Prakash Chaudhari Age: 34 years, occ : Agriculture / Household. 5] Anitabai Shankar Chaudhari, Age: 32 years, Occ : Agriculture / Household 6] Khatabai Pundlik Chaudhari Age: 69 years, Occ: Agriculture / Household All R/o : Divi, Tal. Shindkheda, Dist:Dhule. .. APPELLANTS [Original Claimants] 1] The Special Land Acquisition Officer, Medium Irrigation Project, Dhule Tal. & Dist: Dhule 2] Dhule Medium Irrigation, Project No.1, For the Divi Village – Wadi Shewadi, Medium Project, Divi, Tal : Shindkheda, Sinchan Bhavan, Sakri Road, Dhule 3] Collector Office, Dhule Tal.& Dist: Dhule. .. RESPONDENTS … Mr.A.B.Kale, Advocate for the appellant. Ms.R.P.Gaur, AGP for the respondent-State Mrs.Manjusha S. Jagtap-Ware, Advocate for the respondent no.2. … 68. CIVIL APPLICATION NO.11302 OF 2023 IN FIRST APPEAL STAMP NO.23052 OF 2023 FIRST APPEAL STAMP NO. 23052 OF 2023 Suka Kalu Girase (died) Through LRs 1] Komalsing Suka Girase Age: 67 years, Occ : Agriculture 2] Rajendra Suka Girase Age: 65 years, Occ : Agriculture 3] Ganpat Suka Girase Age: 60 years, Occ : Agriculture 4] Indubai Ranjitsing Girase Age: 63 years, Occ : Household 5] Nankorbai Suka Girase Age: 85 years, Occ : Nil All R/o : Divi, Tal : Shindkheda, APPELLANTS [Original Claimants] 1] 2] 3] Dhule Medium Irrigation Project Department No.1, Dhule. … Mr.A.B.Kale, Advocate for the appellant. Mr.N.T.Bhagat, AGP for the respondent-State Mrs.Manjusha S. Jagtap-Ware, Advocate for the respondent no.3. … 69. CIVIL APPLICATION NO.11303 OF 2023 IN FIRST APPEAL STAMP NO.23045 OF 2023 FIRST APPEAL STAMP NO. 23045 OF 2023 Pandharinath Vishnu Wani (Shirude) Age: 79 year, Occ : Agriculture APPELLANTS 1] 2] 3] Dhule Medium Irrigation Division No.1, Dhule. .. RESPONDENTS … Mr.A.B.Kale, Advocate for the applicant - appellant. Mr.B.V.Virdhe, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3. … 70. CIVIL APPLICATION NO.11304 OF 2023 IN FIRST APPEAL STAMP NO.22942 OF 2023 FIRST APPEAL STAMP NO. 22942 OF 2023 Pandit Aadhar Mistari (died) Through LRs 1] Ramesh Pandit Sutar Age: 62 years, Occ : Agriculture 2] Ranjeet @ Ranju Pandit Sutar Age: 58 years, Occ : Agriculture 3] Ravindra Pandit Sutar Age: 60 years, Occ : Agriculture / Household All R/o : Divi, Tal : Shindkheda, 4] Mangla Pitamber Sutar Age: 64 years, Occ : Agriculture / Household R/o. Kandewali, Mumbai 5] Sangita @ Asha Rajendra Wagh Age: 56 years, Occ : Agriculture / Household R/o. Vadgaon, Tal : Haweli 6] Yamunabai Pandit Sutar Age: 83 years, Occ : Agriculture / Household APPELLANTS [Original Claimants] 1] The Special Land Acquisition Officer, Medium Irrigation Project, Dhule Tal. & Dist: Dhule 2] Dhule Medium Irrigation, Project No.1, For the Divi Village – Wadi Shewadi, Medium Project, Divi, Tal : Shindkheda, Sinchan Bhavan, Sakri Road, Dhule 3] Collector Office, Dhule Tal.& Dist: Dhule. .. RESPONDENTS … Mr.A.B.Kale, Advocate for the appellant. Mr.K.B.Jadhavar, AGP for the respondent-State Mr.V.V.Tarde, Advocate for the respondent no.3. … 71. CIVIL APPLICATION NO.11305 OF 2023 IN FIRST APPEAL STAMP NO.22636 OF 2023 FIRST APPEAL STAMP NO. 22636 OF 2