Advocates:
['RAJALE GULAB B', 'G P', '', 'PATIL LAXMIKANT C']

FA 4484/2016 & ORS.

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

FIRST APPEAL NO.4484 OF 2016

(L.A.R.No. 211/2001)

The Executive Engineer,

Minor Irrigation Strengthening

Divn, Omerga, Dist. Osmanabad = Appellant

(Orig.R.NO.2)

VERSUS

1)

The State of Maharashtra

Through Collector Osmanabad

2)

Vishwanath S/o Dattu Hagare,

Age Major, Occu. Agri.,

R/o Kati, Tq. Tuljapur,

Dist. Osmanabad

= RESPONDENTS

(Orig. R. No. 1 &

Orig.Claimant.)

WITH

FIRST APPEAL NO.4485 OF 2016

(L.A.R. No.395/2000)

The Executive Engineer,

Minor Irrigation Strengthening

Divn, Omerga, Dist. Osmanabad.

= Appellant

(Orig.R.NO.2)

Versus

1.

The State of Maharashtra

Through Collector. Osmanabad.

2.

Vandan W/o Bapurao Bhojane,

Age Major, Occu. Agri.,

R/o Kati, Tq. Tuljapur,

Dist. Osmanabad.

= RESPONDENTS

(Orig. R. No. 1 &

Orig.Claimant.)

WITH

FA 4484/2016 & ORS.

(2)

FIRST APPEAL NO 4486/2016

(L.A.R. NO. 957/2002)

The Executive Engineer,

Minor Irrigation Strengthening

Divn, Omerga, Dist. Osmanabad.

= Appellant

(Orig.R.NO.2)

Versus

1.

The State of Maharashtra

Through Collector.Osmanabad.

2.

Ushabai W/o Ambadas Gaikwad,

Age Major, Occu. Agri.,

R/o Kati, Tq. Tuljapur,

Dist. Osmanabad.

= RESPONDENTS

(Orig. R. No. 1 &

Orig.Claimant.)

-----

Shri. Rajale Gulab B, Adv. for Appellant;

Shri AM Phule, AGP for Respondent No.1-State;

Shri. Patil Laxmikant C, Adv. for Resp no 2.

-----

CORAM : P.R.BORA, J.

DATE : 8^th January, 2019

ORAL JUDMENT

1.

Since the present appeals are arising out

of common Judgment and Award passed by the court

of Joint Civil Judge, Senior Division Osmanabad in

LAR Nos.395/2000 with LAR No.957/2002 and 211/2001

decided on 27^th February, 2013, I have heard the

common arguments in these appeals and I deem it

appropriate to decide these appeals by a common

reasoning.

FA 4484/2016 & ORS.

(3)

2.

The lands, which are the subject matter

of the present appeals, were acquired for Kati

Dahiwadi Minor Irrigation Project at village Kati.

Notification under Section 4 of the Land

Acquisition Act, 1894 (hereinafter referred to as

the Act) in that regard was published in the

Official Gazette on 7.11.1996 whereas Award under

section 11 of the Act came to be passed on

5.11.1999.

3.

The Reference Court has offered the

compensation ranging between Rs.12,000/- to Rs.

14,000/- per Acre. Dissatisfied with the amount of

compensation so offered, the claimants preferred

applications under Section 18 of the Act, which

were adjudicated by the 5^th Joint Civil Judge,

Senior Division, Osmanabad, who is hereinafter

referred to as the Reference Court. Before the

Reference Court the claimants had claimed

compensation @ Rs.1,50,000/- per acre. The

learned Reference Court after having assessed the

oral and documentary evidence brought on record

before it, enhanced the amount of compensation @

Rs. 64,000/- per acre and also held the claimants

FA 4484/2016 & ORS.

(4)

entitled for the statutory benefits and interest on

the enhanced amount of compensation. Aggrieved by,

the acquiring body has preferred the present

appeals.

4.

Shri Rajale, learned counsel appearing

for the acquiring body criticized the impugned

Judgment mainly on two grounds, I) that the

Reference Court has unreasonably enhanced the

amount of compensation; and ii) that interest under

Section 28 of the Act has been wrongly awarded by

the Reference Court from the date of possession.

5.

Learned AGP Shri Phule has adopted the

arguments advanced on behalf of the acquiring body.

Shri L.C.Patil, learned counsel appearing for the

claimants, however, supported the impugned Judgment

and Award and prayed for dismissal of the appeal.

6.

Perusal of the impugned judgment reveals