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2017 Supreme(Bom) 394

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. SONAK, J.
The State of Maharashtra & Another – Appellants
Versus
Dhondiba Dagadu Pawagi & Another – Respondents
First Appeal Nos. 102, 155, 156, 179, 180, 181 of 2017, 53 of 2014, 9810 of 2013, 611, 765, 1181 of 2012, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1795, 1925, 2115, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2364, 2542, 2543, 2544, 2545, 2546, 2547, 2548, 2549 of 2011, 509, 1380, 9727 of 2010, 150, 260, 289, 290, 291, 374, 579, 718, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1452, 1699, 1700, 1710, 1809 of 2009, 328, 482, 531, 670, 1463, 1593, 1601, 1602, 1686, 1698, 1834, 1988, 1989, 2164, 2165, 2387, 7974, 7976, 7980, 12048, 13014, 13520, 19074 of 2008, 636, 1747, 1748 of 2007, 1397, 2310 of 2006, 1464, 1465, 1466, 1467, 1468, 1469, 1470, 1486, 1487, 1489, 1490, 1491, 1492, 1494, 1495, 1496, 1529, 1530 of 2005 With Civil Application Nos. 695, 696 of 2017, 3027 to 3041 of 2015, 158, 1761 of 2010, 668, 670, 672, 674, 676, 678, 680, 682, 684, 686, 688, 690, 692, 694, 696, 716, 720, 724, 736, 738, 742, 744, 746, 756, 758, 760, 764, 766, 2392, 2660, 4091 of 2009, 1778, 1779, 1781, 1874 to 1878, 3098, 3556 of 2008, 2660 of 2006, 3632 to 3637 of 2005 With Cross Objection (ST) Nos. 18621, 18622, 18623, 18624, 18626, 18627, 18628, 18629, 18630, 18631, 18633, 18634, 18635, 18637, 18638, 18639, 18640 of 2007
Decided On : 29-03-2017

Advocates Appeared:
For the Appellants : Yogesh Dabke and Ameet Palkar.
For the Respondents: Mr. Gaurav Potnis, Mrs. P.H. Potnis, Mrs. S.R. Fernandes and D.D. Shinde.

Important Point - No evidence was produced before the Reference Court to show that the copy of the award was sent to the appellant along with the notice.

Headnote:Land Acquisition Act, 1894 - Section 4 - Appeals challenge the awards made by the reference courts determining compensation in respect of lands which came to be acquired in pursuance of Notifications under section 4 of the Land Acquisition Act, 1894 issued in the year 1993-1994 for the public purpose of Neera Deoghar Irrigation Project - Whether the conclusion recorded by the Reference Court which has been approved by the High Court that the application filed by the appellant was barred by time is legally sustainable - The notice issued by the Collector under Section 12(2) was served upon him on 22.2.1985 - The copy of the award had not been sent to the appellant along with the notice and without that he could not have effectively made an application for seeking reference - On behalf of the State Government, no evidence was produced before the Reference Court to show that the copy of the award was sent to the appellant along with the notice - This aspect has been totally ignored by the Reference Court which mechanically concluded that the application filed on 8.4.1985 was beyond the time specified in Section 18(2)(b) - In all the appeals instituted by the claimants relating to Salav lands the compensation payable to each of the claimants shall be reworked and paid/deposited in terms of the directions in paragraphs 136 and 139 above within a period of four months from today.

       Result - Appeals dismissed.

JUDGMENT :

M.S. SONAK, J.

1. In all these matters, Mr. Dabke and Mr. Ameet Palkar, Assistant Government Pleaders (AGPs) appear for the State of Maharashtra. Mr. D.D. Shinde appears for the Maharashtra Krishna Valley Development Corporation (MKVDC), which claims to be the acquiring body. Mr. Gaurav Potnis appears for the claimants. I have heard the learned counsel for the parties extensively. They have also filed notes of arguments in these matters.

PRELIMINARY MATTERS:

2. The challenge in these appeals is to the awards made by the reference courts determining compensation in respect of lands in the villages of Dabkeghar, Salav and Deoghar, Tal. Bhor, District Pune. The lands came to be acquired in pursuance of Notifications under section 4 of the Land Acquisition Act, 1894 (said Act) issued in the year 1993-1994 for the public purpose of Neera Deoghar Irrigation Project (NDIP). The acquired lands in the three villages, have since submerged under the waters of NDIP.

3. In all these matters, the Special Land Acquisition Officers (SLAO) made awards determining the rate of compensation. As the claimants were dissatisfied with the offer, references were made under section 18 of the said Act to the reference courts. Vide judgment and awards impugned in these matters, the reference courts have determined compensation at the following rates:-

(a)

Dabkeghar lands

Rs. 2,55,000/- per hectare

(b)

Salav lands

Rs. 1,00,000/- to Rs. 1,14,000/- per hectare

(c)

Deoghar lands

Rs. 2,25,000/- per hectare

4. In respect of Dabkeghar lands, the lead matter before the reference court was LAR No. 70 of 1997, in which, the parties led oral evidence and produced documentary evidence. The judgment and award dated 24 August 2004 in LAR No. 70 of 1997 has been challenged by the State Government in First Appeal No. 1464 of 2005. The claimants have lodged Cross Objection No. 18626 of 2007 in the matter of denial of appropriate interest in terms of section 28 of the said Act. The learned counsel for the parties agree that this first appeal and cross objections be taken as lead matters in respect of Dabkeghar lands and the decision in these matters will govern the following connected first appeals relating to Dabkeghar lands: XOBST Nos. 1464, 1465, 1466, 1467, 1468, 1469, 1470, 1486, 1487, 1489, 1490, 1491, 1492, 1494, 1495, 1496, 1529, 1530 of 2005, 1397 of 2006, 636, 1747, 1748, 18621, 18622, 18623, 18624, 18626, 18627, 18628, 18629, 18630, 18631, 18633, 18634, 18635, 18637, 18638, 18639, 18640 of 2007, 482, 531, 670, 1463 of 2008, 374 of 2009 and 1172 of 2011.

5. In respect of Salav lands, the lead matter before the reference court was LAR No. 5 of 1998, in which, the parties led oral evidence and produced documentary evidence. The judgment and award dated 29 January 2005 in LAR No. 5 of 1998 has been challenged by the claimants in First Appeal No. 150 of 2009. The MKVDC, claiming to be the acquiring body, has also challenged the very same judgment and award in First Appeal (St.) No. 19074 of 2008. The State Government has also instituted about five appeals, in matters related to Salav lands. The learned counsel for the parties agree that these two first appeals be taken as lead matters in respect of Salav lands and the decision in these matters will govern the following connected matters relating to Salav lands: First Appeal Nos. 328, 1593, 1601, 1602, 1660, 1686, 1834, 1988, 1989, 2164, 2165 of 2008, 150, 260, 289, 290, 291, 579, 718, 1452, 1698, 1699, 1700, 1710, 1809 of 2009, 509 of 2010, 1795, 2115, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2364, 2542 of 2011, 611, 765, 1181 of 2012, 53 of 2014, 102 of 2017 and First Appeal (St.) Nos. 1380, 9727 of 2010, 9810 of 2013 (Filed by the Claimants).

First Appeal Nos. 1925, 2545 of 2011, 179, 180, 181, 183 of 2017 and First Appeal (St.) Nos. 13014, 13520, 19074 of 2008. (










































































































































































































































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