HIGH COURT OF BOMBAY
SUDAM MANGAL KOLI AND OTHERS – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent
WP 2753/2017
['HAJARE ABHISHEK M', 'COPY SERVED ON GP', '', 'CAVEAT FILED BY ADV SHENDURNIKAR PUSHKAR S', 'GP', 'PRESENCE OF R/ AND ARE NOT REQUIRED DTD']
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2753 OF 2017
1
Sudam Mangal Koli (Ingale),
Age : 36 years, Occupation : Agriculture.
2
Kaushiyabai Mangal Koli,
Age : 59 years, Occupation : Agriculture.
3
Deelip Mangal Koli,
Age : 35 years, Occupation : Agriculture.
4
Manisha Rajendra Purkar,
Age : 30 years, Occupation : Agriculture.
5
Mukta Mangal Koli,
Age : 36 years, Occupation : Agriculture.
All R/o Kapuswadi, Taluka Jamner,
District Jalgaon.
Through GPA of Petitioner No.3.
...PETITIONERS
-VERSUS-
1
The State of Maharashtra.
Through the District Collector,
Jalgaon.
2
The Special Land Acquisition Officer (1),
Upper Tapi Project, Hatnur, Jalgaon.
3
The Superintendent Engineer,
Tapi Irrigation Development Corporation,
Jalgaon.
4
The Executive Engineer,
Tapi Irrigation Development Corporation,
Jalgaon.
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5
Sonabai Rajdhar Patil,
Age : 76 years, Occupation : Agriculture,
R/o Kurha Kakola,
Taluka Muktainagar,
District Jalgaon.
...RESPONDENTS
WITH
WRIT PETITION NO.2757 OF 2017
Subhash Mango Koli,
Age : 55 years, Occupation : Agriculture,
R/o Kapuswadi, Taluka Jamner,
District Jalgaon.
...PETITIONER
-VERSUS-
1
The State of Maharashtra.
Through the District Collector,
Jalgaon.
2
The Special Land Acquisition Officer (1),
Upper Tapi Project, Hatnur, Jalgaon.
3
The Superintendent Engineer,
Tapi Irrigation Development Corporation,
Jalgaon.
4
The Executive Engineer,
Tapi Irrigation Development Corporation,
Jalgaon.
5
Sonabai Rajdhar Patil,
Age : 76 years, Occupation : Agriculture,
R/o Kurha Kakola,
Taluka Muktainagar,
District Jalgaon.
...RESPONDENTS
…
Shri A.B.Kale h/f Shri A.M.Hajare, Advocates for the Petitioners.
Shri S.R.Yadav, Assistant Government Pleader, for Respondent Nos.1 and
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wp2753a2757o17
2.
Shri P.S.Shendurnikar, Advocate for Respondent No.5.
…
CORAM: RAVINDRA V. GHUGE, J.
Reserved on 08th August, 2018.
Pronounced on 04th September, 2018.
JUDGMENT:
1
Since both the sides agree that the challenge in these two Writ
Petitions is common, they are being decided by this common judgment.
For properly appreciating the arguments of the parties, the facts in Writ
Petition No.2753/2017 are referred to.
2
The Petitioners are aggrieved by the judgment and order
dated 03.02.2017 passed by the concerned Court in MANRJE No.9/2016.
Similarly, they are aggrieved by the order dated 03.02.2017 passed by the
concerned Court below Exhibits 23 and 32 in Regular Darkhast
No.350/2016, by which, they are directed to redeposit the withdrawn
amount and are issued a show cause notice as to why criminal proceedings
should not be initiated against them.
3
The Petitioners claim to have their agricultural land at village
Kapuswadi, Taluka Jamner in Gat No.287/2 admeasuring 2 hectors 18 R
and 93 R Potkharaba. The said land is said to have been acquired by the
acquiring body for an irrigation project. The Special Land Acquisition
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Officer delivered an award on 12.10.2007. These Petitioners moved the
Reference Case under Section 18 of the Land Acquisition Act, 1894 seeking
enhancement in compensation. Evidence was led in the matter and the
LAR Court partly allowed the reference on 30.07.2015.
4
The LAR Court recorded in it's judgment that the Petitioners
as well as Sonabai Rajdhar Patil (Respondent No.5 herein) are entitled for
compensation. The contention of the Petitioners is that the said judgment
dated 30.07.2015 is erroneous and perverse. Respondent No.5/ Sonabai
was never a party to the LAR proceedings and hence, no share in the
compensation amount could have been granted in favour of Sonabai Patil
in her absence.
5
An application MANRJE No.9/2016 was filed by these
Petitioners under Section 152 of the Code of Civil Procedure and prayed
for deleting the name of Sonabai Patil from the judgment. The concerned
Court rejected the said application by the impugned order dated
03.02.2017.
6
Notwithstanding the above, t