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
Result - Appeals dismissed.
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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