Advocates:
['BIRADAR R D', 'NAGARKAR KIRAN M ADV', '', 'VP FILED IN DELAY APPLCIATION', 'AGP']

First Appeal No.31/2013

with connected appeals

:: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

FIRST APPEAL NO.31 OF 2013

Kisan s/o Satwaji Patil Kinhalkar,

Age 67 years, Occu. Agriculture,

R/o Kinhala, Tq. Bhokar, Dist. Nanded

… APPELLANT

VERSUS

1.

The State of Maharashtra

through District Collector,

Station Road, Nanded,

District Nanded

2.

The Special Land Acquisition Officer,

P.T.M.I.W. 1, Nanded

3.

The Executive Engineer,

Minor Irrigation Works,

Nanded

… RESPONDENTS

.......

Shri K.M. Nagarkar, Advocate for appellant

Shri S.N. Morampalle, A.G.P. for respondents No.1 and 2

Shri R.D. Biradar, Advocate for respondent No.3.

....…

WITH

FIRST APPEAL NO.32 OF 2013 WITH

CIVIL APPLICATION NO.2648 OF 2019

Shaikh Farid s/o Walliji

Age 67 years, Occu. Agriculture,

R/o Kinhala, Tq. Bhokar, Dist. Nanded

… APPELLANT

VERSUS

1.

The State of Maharashtra

through District Collector,

Station Road, Nanded,

First Appeal No.31/2013

with connected appeals

:: 2 ::

District Nanded

2.

The Special Land Acquisition Officer,

P.T.M.I.W. 1, Nanded

3.

The Executive Engineer,

Minor Irrigation Works,

Nanded

… RESPONDENTS

.......

Shri K.M. Nagarkar, Advocate for appellant

Shri S.N. Morampalle, A.G.P. for respondents No.1 and 2

Shri R.D. Biradar, Advocate for respondent No.3.

....…

WITH

FIRST APPEAL NO.3498 OF 2019

Godhavari Maratwada Irrigation

Development Corporation, Aurangabad

through its Executive Engineer

Minor irrigation Division, Nanded,

District Nanded

… APPELLANT

VERSUS

1.

Kishan s/o Satwaji Patil Kinhalkar,

Age major, Occu. Agril.,

R/o Kinala, Tq. Bhokar,

District Nanded

2.

The State of Maharashtra,

through the Collector, Nanded

3.

The Special Land Acquisition Officer,

P.T. Minor Irrigation Works No.1,

Collector Office, Nanded

… RESPONDENTS

.......

Shri R.D. Biradar, Advocate for appellant

Shri K.M. Nagarkar, Advocate for respondent no.1.

Shri S.N. Morampalle, A.G.P. for respondents No.2 and 3

....…

First Appeal No.31/2013

with connected appeals

:: 3 ::

WITH

FIRST APPEAL NO.3499 OF 2019

Godhavari Maratwada Irrigation

Development Corporation, Aurangabad

through its Executive Engineer

Minor Irrigation Division, Nanded,

District Nanded

… APPELLANT

VERSUS

1.

Madhukar s/o Shankarappa Deshmane,

Age major, Occu. Agril.,

R/o Kinhala, Tq. Bhokar,

District Nanded

2.

The State of Maharashtra,

through the Collector, Nanded

3.

The Special Land Acquisition Officer,

P.T. Minor Irrigation Works No.1,

Collector Office, Nanded

… RESPONDENTS

.......

Shri R.D. Biradar, Advocate for appellant

Shri A.N. Patale, Advocate for respondent no.1.

Shri S.N. Morampalle, A.G.P. for respondents No.2 and 3

....…

CORAM :

R. G. AVACHAT, J.

Date of reserving judgment : 14th December, 2021

Date of pronouncing judgment : 23rd June, 2022

J U D G M E N T :

This group of four appeals is being decided by this

common judgment and order since common questions of facts

First Appeal No.31/2013

with connected appeals

:: 4 ::

and law arise therein. Moreover, the challenge therein is to

one and the same judgment and order dated 30/9/2010,

passed by the Court of Civil Judge, Senior Division, Bhokar in

Land Acquisition Reference Nos.30/2010 (Old No.76/2003)

and 33/2010 (Old No.86/2003).

The First Appeals

No.31/2013 and 32/2013 have been filed by the original land

owners, whose lands came to be acquired for Renapur Sudha

Project. The other two appeals have been preferred by the

acquiring body. The appeals preferred by the original land

owners are for enhancement of compensation granted by the

Reference Court in the aforesaid two Land Acquisition

References. While the other two Appeals have been preferred

by the acquiring body, contending the enhancement granted

by the Reference Court to have been on higher side and,

therefore, urged for reduction therein to the amount which

was offered by the Land Acquisition Officer (L.A.O.).

For the sake of convenience, the parties and

evidence in Fi