STATE OF MAHARASHTRA Vs. DEORAM FAKIRA PALMAHALE
LAWS(BOM)-2007-9-118
HIGH COURT OF BOMBAY
Decided on September 06,2007

STATE OF MAHARASHTRA Appellant
VERSUS
DEORAM FAKIRA PALMAHALE Respondents





Cited Judgements :-

COLLECTOR YAVATMAL VS. LAXMAN TANBA JUMLE [LAWS(BOM)-2010-3-137] [REFERRED TO]


JUDGEMENT

- (1.)ALL these Appeals are by the State whereby a common judgment dated 11-2-1994 passed by the IInd Additional District Judge, nasik has been challenged.
(2.)THE operative part of the impugned judgment is as follows :
"1. The claimant in Land Reference No. 137 of 1988 for G. No. 17 at the rate of Rs. 14,000/- shall get Rs. 4,340/- for area of 31 ARE and after deducting amount which is already granted Rs. 2,924/- remaining amount of enhancement would come to Rs. 1,416. For G. No. 74 present enhanced rate would be Rs. 12,500/- per hectare and the value would be Rs. 7500/- for 60 ARE out of which already paid amount of Rs. 3900/- is deducted and enhancement would come to the tune of Rs. 3600/ -. For G. No. 368 at the rate of Rs. 12,500/- for 8 Are land value would be rs. 1000/- out of this, Rs. 520/- are granted and enhanced amount would be Rs. 480/ -. Thus, claimed in L. R. No. 137 of 1988 would get total enhancement of Rs. 5496/ -.

2. In L. R. No. 138 of 1988 for G. No. 21 as per enhanced rate at the rate of Rs. 11,000/- value of 40 Are would come to Rs. 4400/ -. Already Rs. 2200/- are paid. Only remaining amount of Rs. 2200/- will be given as enhancement. As regards G. No. 76 the extent of 1 hectare 20 Are, new rate applicable would be at the rate of Rs. 12,500/ -. The value of which will come to the tune of Rs. 15,000/ -. Rs. 7800/- are already granted. After deducting the same the enhancement will come to the tune of Rs. 7200/ -. The claimant in the reference would also entitle to the enhancement of Rs. 185957/-for guava orchard and Rs. 1226 towards injurious affection and severance. Thus total compensation which the claimant would get to the tune of Rs. 196583/ -.

3. The claimant in L. R. No. 139 of 1988 will get compensation at the rate of Rs. 12500/- for 93 Are from G. No. 43. He is entitled to get Rs. 11625/- out of which Rs. 6045 is already paid and he is entitled for enhancement of Rs. 5580/- towards land and towards orchard of 25 guava trees, he is entitled for Rs. 9,700/-, towards enhancement. Thus total enhancement awarded to him will have to the extent of Rs. 15280/ -.

4. The claimant in L. R. No. 140/88 for land G. No. 51a at the rate of Rs. 12,500/- shall get Rs. 8375/- for 67 Are and after deducting amount of rs. 4325/- which is already received, he is entitled for Rs. 4050/ -. For G. No. 62 which is 1 hectare 34 Are at the rate of Rs. 12,500/- this claimant is entitled for Rs. 16750/- and after deducting the amount which is already paid Rs. 8710/- now he will be entitled to get Rs. 8040/ -. Thus the claimant is entitled total enhancement of Rs. 12090/ -.

5. The claimant in L. R. No. 141 of 1988 for his land G. No. 52 area 1 hectare and 38 Are at the rate of Rs. 12,500/- shall get Rs. 17250/- out of which he has received Rs. 8970/ -. Now he is entitled to get Rs. 8280/ -.

6. In L. R. No. 142/88 for land G. No. 64 area of 40 Are at the rate of Rs. 12500/- the claimant shall get Rs. 5000/ -. He has received amount of Rs. 2600/ -. Now he is entitled for additional compensation of Rs. 2400/ -.

7. The claimant in Land Reference No. 143 of 1988 G. No. 69 area 53 are at the rate of Rs. 12500/- shall get Rs. 6625/- out of which he has received Rs. 3445/ -. Now he shall be entitled for additional compensation of Rs. 3180/ -.

8. The claimant in L. R. No. 144 of 1988 for land G. No. 77 to the extent of 50 ARE area at the rate of Rs. 12,500/- shall get Rs. 6250/- out of which he has received Rs. 3250/ -. Now he shall be entitled to get additional compensation of Rs. 3000/ -.

9. The claimant in L. R. No. 145/88 for G. No. 78 of which 36 ARE area has been acquired, will be entitled to get enhancement at the rate of rs. 12500/- per hectare which will come to Rs. 4500/- out of which rs. 2340/- have been paid. Now he is entitled for additional compensation of Rs, 2160/ -.

10. The claimant in L. R. No. 146 of 1988 for land G. No. 212 area of 1 hectare 26 ARE at the rate of Rs. 12,500/- shall get Rs. 15750/- out of it rs. 8190/- have been already paid and he is entitled for additional compensation of Rs. 7560/ -.

11. The claimant in L. R. No. 147 of 1988 for land 54are out of G. No. 215 at the rate of Rs. 12,500/- is entitled to get enhanced compensation of Rs. 6750/- out of which he has received Rs. 3478. Now he is entitled to get Rs. 3272 as additional compensation. The claimant is entitled for compensation towards 245 guava trees at the rate of Rs. 800/- per tree to the extent of Rs. 1,96,000/- out of rs. 1,00,952/- have been already paid. Now he is entitled for the enhancement compensation of Rs. 95,048/- for guava trees and total rs. 98,320/ -.

12. The claimant of L. R. No. 148 of 1988 is entitled for compensation for 92 ARE area out of G. No. 264 at the rate of Rs. 9000/- per hectare which will come to the tune of Rs. 8280/ -. He has already received Rs. 3640/- and he shall be entitled for additional compensation of Rs. 4640/ -. This claimant is not entitled for any compensation towards guava orchard.

13. The claimant in L. R. No. 149 of 1988 for his land G. No. 277 to the extent of 1 hectare and 6 ARE at the rate of Rs. 11,000/- is entitled for compensation of Rs. 11660/- out of which he has been already awarded rs. 5665/ -. After deducting this amount he is entitled to get enhanced amount of Rs. 5995/ -.

14. The claimant in L. R. No. 150/88 for his land G. No. 354 for area of 2 hectare and 50 ARE is entitled to get compensation at the rate of rs. 12,500/- which will come to the tune of Rs. 31250/- out of which rs. 16,180/- have been already paid and now claimant shall be entitled to get additional compensation of Rs. 15,070/ -.

15. The claimant in L. R. No. 151/88 for area of 78 ARE out of G. No. 380 at the rate of Rs. 12,500/- shall be entitled to receive compensation to the extent of Rs. 9,750/- out of which Rs. 5070/- have been already said and he shall be entitled for additional compensation of Rs. 4680/ -.

16. The claimant in L. R. No. 152 of 1988 for his land of 54 ARE out of g. No. 383 is entitled for compensation at the rate of Rs. 12,500/- per hectare i. e. Rs. 6,750/- out of which he has been already paid Rs. 3510/ -. Now he is entitled for additional compensation of Rs. 3,240/ -. This claimant shall also be entitled for compensation of 146 guava trees at the rate of Rs. 800/- per tree i. e. Rs. 1,16,800/- out of which he has been paid Rs. 44,282/ -. Now he is entitled for additional compensation of rs. 72,518/ -. Thus, the claimant is entitled for total additional compensation of Rs. 75,758/ -.

17. The claimant in L. R. No. 153 of 1988 for his land 64 ARE out of G. No. 388 at the rate of Rs. 12,500/- is entitled to get Rs. 8,000/- out of which he has been already paid amount of Rs. 4,160/- and after deducting this amount, he is entitled to get Rs. 3,840/-, as additional compensation. All the claimants are entitled for 30% solatium on the additional compensation and 12% component from the date of notification till passing of the award. The claimants shall also be entitled for interest on above amount at the rate of 9% p. a. for the period of one year from the date of taking possession by private negotiation and thereafter at the rate of 15% p. a. till full realisation of the compensation from the State Government. No order as to costs. "

(3.)THE facts are as follows : a Notification under section 4 of the Land Acquisition Act (LA Act)dated 4-2-1981 issued for acquisition of lands for sub-mergence of the waghad dam. All the claimants/respondents herein have filed their respective claims. They are from village Chachadgaon, Tal. Dindori, dist. Nashik. The lands in question are Bagayat lands having fruit bearing trees standing thereon.


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