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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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2.

Shri P.S.Shendurnikar, Advocate for Respondent No.5.

…

CORAM: RAVINDRA V. GHUGE, J.

Reserved on 08^th August, 2018.

Pronounced on 04^th 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