Full Judgment Text
DSS fa-1464-05-150-09-2310-06-G
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
First Appeal NO. 1464 OF 2005
The State Of Maharashtra & Anr. ...Appellant(s)
Versus
Dhondiba Dagadu Pawagi & Anr. ...Respondent(s)
WITH
First Appeal NO. 150 OF 2009
Paravati Kondu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1710 OF 2009
Shri. Ramchandra Dhondiba Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & Ors. ...Respondent(s)
WITH
First Appeal NO. 509 OF 2010
Shri. Vithu Balu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer No. 17 & ors. ...Respondent(s)
WITH
First Appeal NO. 1089 OF 2009
Maharashtra Krishna Valley Development Corporation
...Appellant(s)
Versus
Kisan Pandu Kank & Ors. ...Respondent(s)
WITH
First Appeal (ST) NO. 12048 OF 2008
The State Of Maharashtra & Anr. ...Appellant(s)
Versus
Bhagu Laxman Salekar & Anr. ...Respondent(s)
1/142
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WITH
First Appeal NO. 1465 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Ramchandra Bhambaji Pawar ...Respondent(s)
WITH
First Appeal NO. 1466 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Bhambaji Hari Pawar (decd) By
Ramchandra Bhambaji Pawar & Ors. ...Respondent(s)
WITH
First Appeal NO. 1467 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Dagadu Laxman Pavagi (decd) By
Lrs. Pandurang D. Pavagi & Ors. ...Respondent(s)
WITH
First Appeal NO. 1468 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Dagadu Laxman Pawagi (decd) By
Lrs. Kondiba D. Pilaware & Anr. ...Respondent(s)
WITH
First Appeal NO. 1469 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Dagadu Laxman Pavagi (decd) By
Lrs Pandurang D. Pavagi & Ors. ...Respondent(s)
WITH
First Appeal NO. 1470 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Nathu Uma Dighe ...Respondent(s)
2/142
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WITH
First Appeal NO. 718 OF 2009
Ramu Ravji Salekar D/h Suresh Ramu Salekar ...Appellant(s)
Versus
The Special Acquisition Officer & ors....Respondent(s)
WITH
First Appeal NO. 611 OF 2012
Shri. Mahadu Vithu Salekar & Ors. ...Appellant(s)
Versus
The Special Land Acquisition Officer & Ors. ...Respondent(s)
WITH
First Appeal NO. 765 OF 2012
Govind Haribhau Salekar D.h.
Laxman Govind Salekar ...Appellant(s)
Versus
The Special Land Acquisition
Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 579 OF 2009
Ramu Ravaji Salekar D.h. Suresh
Ramu Salekar & anr. ...Appellant(s)
Versus
The Land Acquisition Officer Pune & ors. ...Respondent(s)
WITH
First Appeal NO. 179 OF 2017
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
The Special Land Acquisition Officer
And Othrs ...Respondent(s)
WITH
First Appeal NO. 181 OF 2017
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 2310 OF 2006
The State Of Maharashtra And Ors . ...Appellant(s)
3/142
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Versus
Narayan Rama Dere And Ors. ...Respondent(s)
WITH
First Appeal NO. 180 OF 2017
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
The Special Land Acquisition Officer
And Othrs ...Respondent(s)
WITH
First Appeal NO. 1492 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Laxman Baburao Watkar ...Respondent(s)
WITH
First Appeal NO. 1494 OF 2005
The State Of Maharashtra ...Appellant(s)
Versus
Sopan Narayan Salunke ...Respondent(s)
WITH
First Appeal NO. 1486 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Bhiku Genu Pavgi And Ors. ...Respondent(s)
WITH
First Appeal NO. 1495 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Dagadu Sagu Pawagi (decd.)by
Lrs.laxman Dhondu Pawagi And Ors. ...Respondent(s)
WITH
First Appeal NO. 1487 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Vishnu Bhiva Pavagi (decd) By
Lrs. Parvati Vishnu Pavagi ...Respondent(s)
4/142
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WITH
First Appeal NO. 1489 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Shripati Kushaba Pavagi And Ors. ...Respondent(s)
WITH
First Appeal NO. 1490 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Shankar Hari Teli (decd) By Heirs
Bajirao Shankar Shedge ...Respondent(s)
WITH
First Appeal NO. 1496 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Bhiku Genu Pavgi ...Respondent(s)
WITH
First Appeal NO. 1491 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Bhiku Genu Pavati And Anr. ...Respondent(s)
WITH
First Appeal NO. 1529 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Dagadu Sagu Pawagi (decd) By Heirs
Laxman Dhondu Pavagi And Ors. ...Respondent(s)
WITH
First Appeal NO. 1530 OF 2005
The State Of Maharashtra ...Appellant(s)
Versus
Dagadu Laxman Pilaware (decd)
By Lrs. Kondiba Dagadu Pilaware And Anr. ...Respondent(s)
5/142
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WITH
First Appeal NO. 374 OF 2009
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
The Maharashtra Krishna Valley
Development Corporation And Anr. ...Respondent(s)
WITH
First Appeal NO. 531 OF 2008
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
1. Prakash Dattatraya Deshpande & anr ...Respondent(s)
WITH
First Appeal NO. 636 OF 2007
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Krishnaji Ramchandra Deshpande
D/h Ratnaprabha K.deshpande And Ors. ...Respondent(s)
WITH
First Appeal NO. 670 OF 2008
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Nandkumar Dattatraya Deshpande & ors. ....Respondent(s)
WITH
First Appeal NO. 482 OF 2008
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Parvati Dhondiba Pawagi & ors. ...Respondent(s)
WITH
First Appeal NO. 1397 OF 2006
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Krishnaji Ramchandra Deshpande
D/h Ratnaprabha K. Deshpande And Ors. ...Respondent(s)
WITH
First Appeal NO. 1463 OF 2008
6/142
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The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Dattatrya Laxman Deshpande
D/h. 1. Vimal Dattatrya Deshpande And Anr. ...Respondent(s)
WITH
First Appeal NO. 1747 OF 2007
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Tanaji Dhondiba Pagvi And Anr. ...Respondent(s)
WITH
First Appeal NO. 1748 OF 2007
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Krishnaji Ramchandra Deshpande
D/h Ratnaprabha K. Deshpande And Ors. ...Respondent(s)
WITH
First Appeal NO. 1925 OF 2011
Maharashtra Krishna Valley Development
Corporation(thr. Its Executive
Engineer Dr.prakash K. Pawar) ...Appellant(s)
Versus
The Special Land Acquisition Officer and Othrs ...Respondent(s)
WITH
First Appeal NO. 1172 OF 2011
The State Of Maharashtra
(through Special Land Acquisition
Officer No.17) ...Appellant(s)
Versus
Wadeswar Devalaya (deosthan) ...Respondent(s)
WITH
First Appeal NO. 2545 OF 2011
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
The Special Land Acquisition Officer ...Respondent(s)
7/142
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WITH
First Appeal NO. 2542 OF 2011
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal (ST) NO. 12048 OF 2008
The State Of Maharashtra ...Appellant(s)
Versus
Bhagu Laxman Salekar And Anr ...Respondent(s)
WITH
First Appeal (ST) NO. 7976 OF 2008
The State Of Maharashtra ...Appellant(s)
Versus
Bala Dhondu Salekar D/h Ramu
Babu Salekar And othrs ...Respondent(s)
WITH
First Appeal (ST) NO. 13520 OF 2008
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
The Land Acquisition Officer ...Respondent(s)
WITH
First Appeal (ST) NO. 7974 OF 2008
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Govind Haribhau Salekar And Anr ...Respondent(s)
WITH
First Appeal (ST) NO. 1380 OF 2010
Dagdu Sadu Kank And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
8/142
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WITH
First Appeal (ST) NO. 9727 OF 2010
Narayan Genu Salekar D.h. Suresh
Narayan Salekar And Othrs ...Appellant(s)
Versus
The Spl. Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal (ST) NO. 19074 OF 2008
Maharashtra Krishna Khore Vikas Mahanmandal ...Appellant(s)
Versus
Parvati Kondu Salekar And Anr …Respondent(s)
WITH
First Appeal (ST) NO. 13014 OF 2008
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
The Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 53 OF 2014
Bala Dhondu Salekar D/h Ramu Babu Salekar
And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 102 OF 2017
Sadashiv Pandurang Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer No.17 & ors. ...Respondent(s)
WITH
First Appeal NO. 155 OF 2017
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Govind Dhondiba Salekar D/h Vitthal
Govind Salekar And Othr ...Respondent(s)
9/142
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WITH
First Appeal NO. 156 OF 2017
The State Of Maharashtra and anr. ...Appellant(s)
Versus
Baban Goju Salekar And Anr ...Respondent(s)
WITH
First Appeal NO. 260 OF 2009
Gangaram Bhaguji Salekar And Anr ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 289 OF 2009
Jagganath Kondiba Nhavi And Ors. ...Appellant(s)
Versus
The Land Acquisition Officer No.(17) & ors. ...Respondent(s)
WITH
First Appeal NO. 290 OF 2009
Bhairu Vithu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 291 OF 2009
Vasant Shripati Salekar And Ors. ...Appellant(s)
Versus
The Land Acquisition Officr No.(17) And Ors ...Respondent(s)
WITH
First Appeal NO. 328 OF 2008
Shankar Baju Salekar And Anr. ...Appellant(s)
Versus
The Land Acquisition Officer No.(17) Pune & ors....Respondent(s)
10/142
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WITH
First Appeal NO. 509 OF 2010
Shri. Vithu Balu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer No. 17 & ors. ...Respondent(s)
WITH
First Appeal NO. 718 OF 2009
Ramu Ravji Salekar D/h Suresh
Ramu Salekar ...Appellant(s)
Versus
The Special Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1090 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Balu Ganu Kank D.h. Ananda Balu
Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1091 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its
Executive Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Dhondiba Mathu Kank D.h.
Pandharinath Dhondiba Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1092 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Haribhau Khandu Kank And Othrs ...Respondent(s)
11/142
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WITH
First Appeal NO. 1093 OF 2009
Maharashtra Krishna Valley
Development Corporation Thr.
Its Executive Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Smt. Housabai Dagdu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1094 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Maruti Mahipati Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1095 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Maruti Bhau Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1096 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Abaji Bhau Kank (deceased)
Saibai Bhau Kank (deceased)
through L.R.s Shri. Maruti Bhau Kank
And Othrs ...Respondent(s)
WITH
First Appeal NO. 1097 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Maruti Bhau Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1098 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
12/142
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Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Chandrakant Raoji Kank
D/h Raghu Chandrakant Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1099 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its
Executive Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri.Dhondu Bapu Kank (deceased)
Through His Legal Heirs 11)
shri. Rambhau Dhondiba Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1100 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Haribhau Khandu Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1101 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Maruti Mahipati Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1102 OF 2009
Maharashtra Krishna Valley Development Corporation
Through Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Balu Ganu Kank (deceased) Through
His Lr Shri. Ananda Balu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1103 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Maruti Bhau Kank And Othrs ...Respondent(s)
13/142
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WITH
First Appeal NO. 1104 OF 2009
Maharashtra Krishna Valley Development
Corporation Through
Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Krishna Bhiva Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1105 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Bhiku Kondu Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1106 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Dhondu Bapu Kank (deceased)
Through Lrs Shri. Rambhau Dhondiba Kank
And Othrs ...Respondent(s)
WITH
First Appeal NO. 1107 OF 2009
Maharashtra Krishna Valley
Development Corporation
Through Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Balu Khandu Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1108 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Dhondiba Mathu Kank (deceased)
Through His Lr Shri. Pandharinath
Dhondiba Kank And Othrs ...Respondent(s)
14/142
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WITH
First Appeal NO. 1109 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Bhivram Dhondiba More (deceased)
Through Lrs Shri. Ravindra Bhivram More
And Othrs ...Respondent(s)
WITH
First Appeal NO. 1110 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Banubai Balku Kank D.h. Bhiku Kondiba
Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1111 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Balu Khandu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1112 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Krishna Bhiva Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1113 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Parvati Parvati Dal Deceased Her
Lr Balasaheb Parvati Dal And Othrs ...Respondent(s)
15/142
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WITH
First Appeal NO. 1114 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Narayan Manu Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1115 OF 2009
AND
First Appeal No. 1116 of 2009
Maharashtra Krishna Valley
Development Corporation Through
Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Maruti Nana Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1117 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Yashwant Annaji Kank (deceased)
Through His Lr Shri. Gopal Yashwant Kank
And Anr ...Respondent(s)
WITH
First Appeal NO. 1118 OF 2009
Maharashtra Krishna Valley
Development Corporation Through
Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Narayan Manu Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1119 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Kisan Siddhu Kank D.h. Shivaji Kisan Kank
And Othrs ...Respondent(s)
16/142
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WITH
First Appeal NO. 1120 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Tatyaba Dagadu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1121 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Nathu Bhau Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1122 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Yashwant Vithu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1123 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Parvati Parvati Dal D/h Balasaheb
Parvati Dal And Othrs ...Respondent(s)
WITH
First Appeal NO. 1124 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Pandurang Bhagu Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1125 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
17/142
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Narayan Manu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1126 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng.Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Pandurang Bhagu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1127 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Narayan Manu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1128 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Raghunath Pandurang Renuse And ors ...Respondent(s)
WITH
First Appeal NO. 1129 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Raghunath Pandurang Renuse And ors. ...Respondent(s)
WITH
First Appeal NO. 1130 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Raoji Nana Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1131 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Raoji Nana Kank And ors ...Respondent(s)
18/142
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WITH
First Appeal NO. 1132 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Maruti Raoji Renuse And Othrs ...Respondent(s)
WITH
First Appeal NO. 1133 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Tatya Dagadu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1134 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Yashwant Jagu Malusare And Anr ...Respondent(s)
WITH
First Appeal NO. 1135 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Parvati Parvati Dal D/h Balasaheb
Parvati Dale And Othrs ...Respondent(s)
WITH
First Appeal NO. 1136 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Yashwant Annaji Kank D.h. Ganpat
Yashwant Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1137 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
19/142
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Versus
Smt. Parvati Parvati Dal (deceased)
Through Lrs Shri. Balasaheb Parvati Dal
And Othrs ...Respondent(s)
WITH
First Appeal NO. 1138 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Balu Genu Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1139 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Yashwant Vithu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1140 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Ramchandra Hari Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1141 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Sonu Khandu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1142 OF 2009
Maharashtra Krishna Valley
Development Corporation Through
Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Nathu Bhau Kank (deceased) Through
20/142
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Lrs. Shri. Dilip Nathu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1143 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Vitthal Raghu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1144 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Yashwant Jagu Malusare And ors. ...Respondent(s)
WITH
First Appeal NO. 1145 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Maruti Annaji Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1146 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Hasubai Dagdu Kank D.h. Sulabai
Dagdu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1147 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Tatya Dagadu Kank And Othrs ...Respondent(s)
21/142
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WITH
First Appeal NO. 1181 OF 2012
Mahadu Vithu Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1452 OF 2009
Genba Anu Salekar & anr. ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1593 OF 2008
Tukaram Ramji Bhilare And Ors ...Appellant(s)
Versus
The Land Acquisition Officers & ors. ...Respondent(s)
WITH
First Appeal NO. 1601 OF 2008
Bhagu Vithu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & ors ...Respondent(s)
WITH
First Appeal NO. 1602 OF 2008
Shri. Ramu Salekar
Shri. Maruti Kondiba Salekar
Smt. Muktabai G. Parte ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1660 OF 2008
Vithu Balu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
22/142
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WITH
First Appeal NO. 1686 OF 2008
Hausabai Vishnu Dere And Anr. ...Appellant(s)
Versus
The Land Acquisition Officer And Ors ...Respondent(s)
WITH
First Appeal NO. 1698 OF 2009
Shri. Vithu Balu Salekar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1699 OF 2009
Parbati Dagdu Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1700 OF 2009
Laxman Ravaji Salekar & ors. ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1710 OF 2009
Shri. Ramchandra Dhondiba Salekar ...Appellant(s)
Versus
The Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 1795 OF 2011
Raghunath Narayan Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors ...Respondent(s)
23/142
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WITH
First Appeal NO. 1809 OF 2009
Nathu Krishna Salekar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1834 OF 2008
Shankar Raoji Dere ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1988 OF 2008
Narayan Haribhau Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1989 OF 2008
Dhondiba Krishan Parthe ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2115 OF 2011
Dattatraya Vishnu Salekar & ors. ...Appellant(s)
Versus
The Spl Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2116 OF 2011
Sopan Pandu Salekar And Othrs ...Appellant(s)
Versus
The Special Land Acquisition Officer And Anr ...Respondent(s)
WITH
First Appeal NO. 2117 OF 2011
Jankabai Dhondiba Parthe ...Appellant(s)
Versus
The Special Land Acquisition Officer and ors. ...Respondent(s)
24/142
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WITH
First Appeal NO. 2118 OF 2011
Mr. Ankush Shankar Salekar And ors ...Appellant(s)
Versus
The Special Land Acquisition Officer And ors. ...Respondent(s)
WITH
First Appeal NO. 2119 OF 2011
Shri. Dagdu Manu Salekar Since
Deceased Through His Legal Heirs; ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2120 OF 2011
Shri.Dagdu Sakharam Salekar Since
Deceased Through Legal Heirs
1a)smt.Sulabai Dagdu Salekar And Anr ...Appellant(s)
Versus
The Land Acquisition Officer & ors. . ...Respondent(s)
WITH
First Appeal NO. 2121 OF 2011
Shri. Anand Mahadeo Salekar And Othrs ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2122 OF 2011
Bhau Hari Salekar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2123 OF 2011
Shri.Govind Dhondiba Salekar
Since Deceased Thr. His Legal Heirs.
1a) Vithal Govind Salekar And Anr ...Appellant(s)
Versus
25/142
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The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2124 OF 2011
Shri.Baban Goju Salekar And Anr ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors ...Respondent(s)
WITH
First Appeal NO. 2125 OF 2011
Bhagu Laxman Salekar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2164 OF 2008
Narayan Rama Dere And Anr ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2165 OF 2008
Maruti Kondiba Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2364 OF 2011
Dinkar Ramji Salekar D.h.
Fulabai Dinkar Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2387 OF 2008
Anu Raya Sanas And Anr ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
26/142
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WITH
First Appeal (ST) NO. 9810 OF 2013
Shri. Nathu Krushna Salekar And Ors. ...Appellant(s)
Versus
The Land Acquisition Officer & ors. . ...Respondent(s)
WITH
First Appeal NO. 1165 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 1166 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 1167 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its Executive
Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 1168 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 1169 OF 2011
Maharashtra Krishna Valley Development
27/142
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Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 1170 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its Executive Eng.
Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 1171 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 2543 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 2544 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 2546 OF 2011
Maharashtra Krishna Valley
Development Corporation Through
Its Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
28/142
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First Appeal NO. 2547 OF 2011
Maharashtra Krishna Valley
Development Corporation Through
Its Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors....Respondent(s)
WITH
First Appeal NO. 2548 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its Executive
Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2549 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its Executive
Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors....Respondent(s)
WITH
First Appeal (ST) NO. 7980 OF 2008
The State Of Maharashtra & anr. ...Appellants(s)
Versus
Raghu Bagu Sanas And Anr ...Respondent(s)
WITH
CIVIL APPLICATION NOS. 3632,TO 3637 OF 2005 AND 2660 OF 2006,
AND 3098, 1778, 1779, 1781, 1874 TO 1878 & 3556 OF 2008, AND
2392, 4091, 668, 670, 672, 674, 676 , 678, 680, 682, 684, 686,688,
690, 692, 694, 696, 716, 720, 724, 736, 738, 742, 744, 746, 756, 758,
760, 764, 766, 2660 OF 2009 2009, AND 158, 1761, OF 2010 AND
3027 TO 3041 OF 2015 AND 695, 696 OF 2017
WITH
CROSS OBJECTION (ST) NOS. 18626, 18630, 18637, 18639, 18635,
18623, 18624, 18629,18621, 18633, 18628, 18638, 18634,
18640,18631, 18622 AND 18627 OF 2007
29/142
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
First Appeal NO. 1464 OF 2005
The State Of Maharashtra & Anr. ...Appellant(s)
Versus
Dhondiba Dagadu Pawagi & Anr. ...Respondent(s)
WITH
First Appeal NO. 150 OF 2009
Paravati Kondu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1710 OF 2009
Shri. Ramchandra Dhondiba Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & Ors. ...Respondent(s)
WITH
First Appeal NO. 509 OF 2010
Shri. Vithu Balu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer No. 17 & ors. ...Respondent(s)
WITH
First Appeal NO. 1089 OF 2009
Maharashtra Krishna Valley Development Corporation
...Appellant(s)
Versus
Kisan Pandu Kank & Ors. ...Respondent(s)
WITH
First Appeal (ST) NO. 12048 OF 2008
The State Of Maharashtra & Anr. ...Appellant(s)
Versus
Bhagu Laxman Salekar & Anr. ...Respondent(s)
1/142
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WITH
First Appeal NO. 1465 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Ramchandra Bhambaji Pawar ...Respondent(s)
WITH
First Appeal NO. 1466 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Bhambaji Hari Pawar (decd) By
Ramchandra Bhambaji Pawar & Ors. ...Respondent(s)
WITH
First Appeal NO. 1467 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Dagadu Laxman Pavagi (decd) By
Lrs. Pandurang D. Pavagi & Ors. ...Respondent(s)
WITH
First Appeal NO. 1468 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Dagadu Laxman Pawagi (decd) By
Lrs. Kondiba D. Pilaware & Anr. ...Respondent(s)
WITH
First Appeal NO. 1469 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Dagadu Laxman Pavagi (decd) By
Lrs Pandurang D. Pavagi & Ors. ...Respondent(s)
WITH
First Appeal NO. 1470 OF 2005
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Nathu Uma Dighe ...Respondent(s)
2/142
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WITH
First Appeal NO. 718 OF 2009
Ramu Ravji Salekar D/h Suresh Ramu Salekar ...Appellant(s)
Versus
The Special Acquisition Officer & ors....Respondent(s)
WITH
First Appeal NO. 611 OF 2012
Shri. Mahadu Vithu Salekar & Ors. ...Appellant(s)
Versus
The Special Land Acquisition Officer & Ors. ...Respondent(s)
WITH
First Appeal NO. 765 OF 2012
Govind Haribhau Salekar D.h.
Laxman Govind Salekar ...Appellant(s)
Versus
The Special Land Acquisition
Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 579 OF 2009
Ramu Ravaji Salekar D.h. Suresh
Ramu Salekar & anr. ...Appellant(s)
Versus
The Land Acquisition Officer Pune & ors. ...Respondent(s)
WITH
First Appeal NO. 179 OF 2017
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
The Special Land Acquisition Officer
And Othrs ...Respondent(s)
WITH
First Appeal NO. 181 OF 2017
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 2310 OF 2006
The State Of Maharashtra And Ors . ...Appellant(s)
3/142
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Versus
Narayan Rama Dere And Ors. ...Respondent(s)
WITH
First Appeal NO. 180 OF 2017
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
The Special Land Acquisition Officer
And Othrs ...Respondent(s)
WITH
First Appeal NO. 1492 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Laxman Baburao Watkar ...Respondent(s)
WITH
First Appeal NO. 1494 OF 2005
The State Of Maharashtra ...Appellant(s)
Versus
Sopan Narayan Salunke ...Respondent(s)
WITH
First Appeal NO. 1486 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Bhiku Genu Pavgi And Ors. ...Respondent(s)
WITH
First Appeal NO. 1495 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Dagadu Sagu Pawagi (decd.)by
Lrs.laxman Dhondu Pawagi And Ors. ...Respondent(s)
WITH
First Appeal NO. 1487 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Vishnu Bhiva Pavagi (decd) By
Lrs. Parvati Vishnu Pavagi ...Respondent(s)
4/142
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WITH
First Appeal NO. 1489 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Shripati Kushaba Pavagi And Ors. ...Respondent(s)
WITH
First Appeal NO. 1490 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Shankar Hari Teli (decd) By Heirs
Bajirao Shankar Shedge ...Respondent(s)
WITH
First Appeal NO. 1496 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Bhiku Genu Pavgi ...Respondent(s)
WITH
First Appeal NO. 1491 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Bhiku Genu Pavati And Anr. ...Respondent(s)
WITH
First Appeal NO. 1529 OF 2005
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Dagadu Sagu Pawagi (decd) By Heirs
Laxman Dhondu Pavagi And Ors. ...Respondent(s)
WITH
First Appeal NO. 1530 OF 2005
The State Of Maharashtra ...Appellant(s)
Versus
Dagadu Laxman Pilaware (decd)
By Lrs. Kondiba Dagadu Pilaware And Anr. ...Respondent(s)
5/142
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WITH
First Appeal NO. 374 OF 2009
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
The Maharashtra Krishna Valley
Development Corporation And Anr. ...Respondent(s)
WITH
First Appeal NO. 531 OF 2008
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
1. Prakash Dattatraya Deshpande & anr ...Respondent(s)
WITH
First Appeal NO. 636 OF 2007
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Krishnaji Ramchandra Deshpande
D/h Ratnaprabha K.deshpande And Ors. ...Respondent(s)
WITH
First Appeal NO. 670 OF 2008
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Nandkumar Dattatraya Deshpande & ors. ....Respondent(s)
WITH
First Appeal NO. 482 OF 2008
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Parvati Dhondiba Pawagi & ors. ...Respondent(s)
WITH
First Appeal NO. 1397 OF 2006
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Krishnaji Ramchandra Deshpande
D/h Ratnaprabha K. Deshpande And Ors. ...Respondent(s)
WITH
First Appeal NO. 1463 OF 2008
6/142
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The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Dattatrya Laxman Deshpande
D/h. 1. Vimal Dattatrya Deshpande And Anr. ...Respondent(s)
WITH
First Appeal NO. 1747 OF 2007
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Tanaji Dhondiba Pagvi And Anr. ...Respondent(s)
WITH
First Appeal NO. 1748 OF 2007
The State Of Maharashtra And Anr. ...Appellant(s)
Versus
Krishnaji Ramchandra Deshpande
D/h Ratnaprabha K. Deshpande And Ors. ...Respondent(s)
WITH
First Appeal NO. 1925 OF 2011
Maharashtra Krishna Valley Development
Corporation(thr. Its Executive
Engineer Dr.prakash K. Pawar) ...Appellant(s)
Versus
The Special Land Acquisition Officer and Othrs ...Respondent(s)
WITH
First Appeal NO. 1172 OF 2011
The State Of Maharashtra
(through Special Land Acquisition
Officer No.17) ...Appellant(s)
Versus
Wadeswar Devalaya (deosthan) ...Respondent(s)
WITH
First Appeal NO. 2545 OF 2011
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
The Special Land Acquisition Officer ...Respondent(s)
7/142
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WITH
First Appeal NO. 2542 OF 2011
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal (ST) NO. 12048 OF 2008
The State Of Maharashtra ...Appellant(s)
Versus
Bhagu Laxman Salekar And Anr ...Respondent(s)
WITH
First Appeal (ST) NO. 7976 OF 2008
The State Of Maharashtra ...Appellant(s)
Versus
Bala Dhondu Salekar D/h Ramu
Babu Salekar And othrs ...Respondent(s)
WITH
First Appeal (ST) NO. 13520 OF 2008
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
The Land Acquisition Officer ...Respondent(s)
WITH
First Appeal (ST) NO. 7974 OF 2008
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Govind Haribhau Salekar And Anr ...Respondent(s)
WITH
First Appeal (ST) NO. 1380 OF 2010
Dagdu Sadu Kank And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
8/142
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WITH
First Appeal (ST) NO. 9727 OF 2010
Narayan Genu Salekar D.h. Suresh
Narayan Salekar And Othrs ...Appellant(s)
Versus
The Spl. Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal (ST) NO. 19074 OF 2008
Maharashtra Krishna Khore Vikas Mahanmandal ...Appellant(s)
Versus
Parvati Kondu Salekar And Anr …Respondent(s)
WITH
First Appeal (ST) NO. 13014 OF 2008
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
The Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 53 OF 2014
Bala Dhondu Salekar D/h Ramu Babu Salekar
And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 102 OF 2017
Sadashiv Pandurang Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer No.17 & ors. ...Respondent(s)
WITH
First Appeal NO. 155 OF 2017
The State Of Maharashtra & anr. ...Appellant(s)
Versus
Govind Dhondiba Salekar D/h Vitthal
Govind Salekar And Othr ...Respondent(s)
9/142
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WITH
First Appeal NO. 156 OF 2017
The State Of Maharashtra and anr. ...Appellant(s)
Versus
Baban Goju Salekar And Anr ...Respondent(s)
WITH
First Appeal NO. 260 OF 2009
Gangaram Bhaguji Salekar And Anr ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 289 OF 2009
Jagganath Kondiba Nhavi And Ors. ...Appellant(s)
Versus
The Land Acquisition Officer No.(17) & ors. ...Respondent(s)
WITH
First Appeal NO. 290 OF 2009
Bhairu Vithu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 291 OF 2009
Vasant Shripati Salekar And Ors. ...Appellant(s)
Versus
The Land Acquisition Officr No.(17) And Ors ...Respondent(s)
WITH
First Appeal NO. 328 OF 2008
Shankar Baju Salekar And Anr. ...Appellant(s)
Versus
The Land Acquisition Officer No.(17) Pune & ors....Respondent(s)
10/142
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WITH
First Appeal NO. 509 OF 2010
Shri. Vithu Balu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer No. 17 & ors. ...Respondent(s)
WITH
First Appeal NO. 718 OF 2009
Ramu Ravji Salekar D/h Suresh
Ramu Salekar ...Appellant(s)
Versus
The Special Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1090 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Balu Ganu Kank D.h. Ananda Balu
Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1091 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its
Executive Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Dhondiba Mathu Kank D.h.
Pandharinath Dhondiba Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1092 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Haribhau Khandu Kank And Othrs ...Respondent(s)
11/142
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WITH
First Appeal NO. 1093 OF 2009
Maharashtra Krishna Valley
Development Corporation Thr.
Its Executive Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Smt. Housabai Dagdu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1094 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Maruti Mahipati Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1095 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Maruti Bhau Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1096 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Abaji Bhau Kank (deceased)
Saibai Bhau Kank (deceased)
through L.R.s Shri. Maruti Bhau Kank
And Othrs ...Respondent(s)
WITH
First Appeal NO. 1097 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Maruti Bhau Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1098 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
12/142
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Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Chandrakant Raoji Kank
D/h Raghu Chandrakant Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1099 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its
Executive Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri.Dhondu Bapu Kank (deceased)
Through His Legal Heirs 11)
shri. Rambhau Dhondiba Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1100 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Haribhau Khandu Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1101 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Maruti Mahipati Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1102 OF 2009
Maharashtra Krishna Valley Development Corporation
Through Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Balu Ganu Kank (deceased) Through
His Lr Shri. Ananda Balu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1103 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Maruti Bhau Kank And Othrs ...Respondent(s)
13/142
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WITH
First Appeal NO. 1104 OF 2009
Maharashtra Krishna Valley Development
Corporation Through
Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Krishna Bhiva Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1105 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Bhiku Kondu Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1106 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Dhondu Bapu Kank (deceased)
Through Lrs Shri. Rambhau Dhondiba Kank
And Othrs ...Respondent(s)
WITH
First Appeal NO. 1107 OF 2009
Maharashtra Krishna Valley
Development Corporation
Through Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Balu Khandu Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1108 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Dhondiba Mathu Kank (deceased)
Through His Lr Shri. Pandharinath
Dhondiba Kank And Othrs ...Respondent(s)
14/142
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WITH
First Appeal NO. 1109 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Bhivram Dhondiba More (deceased)
Through Lrs Shri. Ravindra Bhivram More
And Othrs ...Respondent(s)
WITH
First Appeal NO. 1110 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Banubai Balku Kank D.h. Bhiku Kondiba
Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1111 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Balu Khandu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1112 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Krishna Bhiva Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1113 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Parvati Parvati Dal Deceased Her
Lr Balasaheb Parvati Dal And Othrs ...Respondent(s)
15/142
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WITH
First Appeal NO. 1114 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Narayan Manu Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1115 OF 2009
AND
First Appeal No. 1116 of 2009
Maharashtra Krishna Valley
Development Corporation Through
Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Maruti Nana Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1117 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Yashwant Annaji Kank (deceased)
Through His Lr Shri. Gopal Yashwant Kank
And Anr ...Respondent(s)
WITH
First Appeal NO. 1118 OF 2009
Maharashtra Krishna Valley
Development Corporation Through
Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Narayan Manu Kank And Anr ...Respondent(s)
WITH
First Appeal NO. 1119 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Kisan Siddhu Kank D.h. Shivaji Kisan Kank
And Othrs ...Respondent(s)
16/142
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WITH
First Appeal NO. 1120 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Tatyaba Dagadu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1121 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Nathu Bhau Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1122 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Yashwant Vithu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1123 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Parvati Parvati Dal D/h Balasaheb
Parvati Dal And Othrs ...Respondent(s)
WITH
First Appeal NO. 1124 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Pandurang Bhagu Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1125 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
17/142
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Narayan Manu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1126 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng.Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Pandurang Bhagu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1127 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Narayan Manu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1128 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Raghunath Pandurang Renuse And ors ...Respondent(s)
WITH
First Appeal NO. 1129 OF 2009
Maharashtra Krishna Valley Development
Corporation Thr. Its Executive
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Raghunath Pandurang Renuse And ors. ...Respondent(s)
WITH
First Appeal NO. 1130 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Raoji Nana Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1131 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Raoji Nana Kank And ors ...Respondent(s)
18/142
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WITH
First Appeal NO. 1132 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Maruti Raoji Renuse And Othrs ...Respondent(s)
WITH
First Appeal NO. 1133 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Tatya Dagadu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1134 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Yashwant Jagu Malusare And Anr ...Respondent(s)
WITH
First Appeal NO. 1135 OF 2009
Maharashtra Krishna Valley
Development Corporation ...Appellant(s)
Versus
Parvati Parvati Dal D/h Balasaheb
Parvati Dale And Othrs ...Respondent(s)
WITH
First Appeal NO. 1136 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Yashwant Annaji Kank D.h. Ganpat
Yashwant Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1137 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
19/142
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Versus
Smt. Parvati Parvati Dal (deceased)
Through Lrs Shri. Balasaheb Parvati Dal
And Othrs ...Respondent(s)
WITH
First Appeal NO. 1138 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Balu Genu Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1139 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Yashwant Vithu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1140 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Ramchandra Hari Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1141 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its Exe.
Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Sonu Khandu Kank And ors ...Respondent(s)
WITH
First Appeal NO. 1142 OF 2009
Maharashtra Krishna Valley
Development Corporation Through
Its Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Nathu Bhau Kank (deceased) Through
20/142
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Lrs. Shri. Dilip Nathu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1143 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Vitthal Raghu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1144 OF 2009
Maharashtra Krishna Valley Development
Corporation Through Its
Exe. Eng. Dr. Prakash K. Pawar ...Appellant(s)
Versus
Shri. Yashwant Jagu Malusare And ors. ...Respondent(s)
WITH
First Appeal NO. 1145 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Maruti Annaji Kank And ors. ...Respondent(s)
WITH
First Appeal NO. 1146 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Hasubai Dagdu Kank D.h. Sulabai
Dagdu Kank And Othrs ...Respondent(s)
WITH
First Appeal NO. 1147 OF 2009
Maharashtra Krishna Valley Development
Corporation ...Appellant(s)
Versus
Tatya Dagadu Kank And Othrs ...Respondent(s)
21/142
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WITH
First Appeal NO. 1181 OF 2012
Mahadu Vithu Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1452 OF 2009
Genba Anu Salekar & anr. ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1593 OF 2008
Tukaram Ramji Bhilare And Ors ...Appellant(s)
Versus
The Land Acquisition Officers & ors. ...Respondent(s)
WITH
First Appeal NO. 1601 OF 2008
Bhagu Vithu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & ors ...Respondent(s)
WITH
First Appeal NO. 1602 OF 2008
Shri. Ramu Salekar
Shri. Maruti Kondiba Salekar
Smt. Muktabai G. Parte ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1660 OF 2008
Vithu Balu Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
22/142
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WITH
First Appeal NO. 1686 OF 2008
Hausabai Vishnu Dere And Anr. ...Appellant(s)
Versus
The Land Acquisition Officer And Ors ...Respondent(s)
WITH
First Appeal NO. 1698 OF 2009
Shri. Vithu Balu Salekar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1699 OF 2009
Parbati Dagdu Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1700 OF 2009
Laxman Ravaji Salekar & ors. ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1710 OF 2009
Shri. Ramchandra Dhondiba Salekar ...Appellant(s)
Versus
The Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 1795 OF 2011
Raghunath Narayan Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors ...Respondent(s)
23/142
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DSS fa-1464-05-150-09-2310-06-G
WITH
First Appeal NO. 1809 OF 2009
Nathu Krishna Salekar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1834 OF 2008
Shankar Raoji Dere ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1988 OF 2008
Narayan Haribhau Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 1989 OF 2008
Dhondiba Krishan Parthe ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2115 OF 2011
Dattatraya Vishnu Salekar & ors. ...Appellant(s)
Versus
The Spl Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2116 OF 2011
Sopan Pandu Salekar And Othrs ...Appellant(s)
Versus
The Special Land Acquisition Officer And Anr ...Respondent(s)
WITH
First Appeal NO. 2117 OF 2011
Jankabai Dhondiba Parthe ...Appellant(s)
Versus
The Special Land Acquisition Officer and ors. ...Respondent(s)
24/142
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WITH
First Appeal NO. 2118 OF 2011
Mr. Ankush Shankar Salekar And ors ...Appellant(s)
Versus
The Special Land Acquisition Officer And ors. ...Respondent(s)
WITH
First Appeal NO. 2119 OF 2011
Shri. Dagdu Manu Salekar Since
Deceased Through His Legal Heirs; ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2120 OF 2011
Shri.Dagdu Sakharam Salekar Since
Deceased Through Legal Heirs
1a)smt.Sulabai Dagdu Salekar And Anr ...Appellant(s)
Versus
The Land Acquisition Officer & ors. . ...Respondent(s)
WITH
First Appeal NO. 2121 OF 2011
Shri. Anand Mahadeo Salekar And Othrs ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2122 OF 2011
Bhau Hari Salekar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2123 OF 2011
Shri.Govind Dhondiba Salekar
Since Deceased Thr. His Legal Heirs.
1a) Vithal Govind Salekar And Anr ...Appellant(s)
Versus
25/142
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The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2124 OF 2011
Shri.Baban Goju Salekar And Anr ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors ...Respondent(s)
WITH
First Appeal NO. 2125 OF 2011
Bhagu Laxman Salekar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2164 OF 2008
Narayan Rama Dere And Anr ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2165 OF 2008
Maruti Kondiba Salekar And Othrs ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2364 OF 2011
Dinkar Ramji Salekar D.h.
Fulabai Dinkar Salekar ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2387 OF 2008
Anu Raya Sanas And Anr ...Appellant(s)
Versus
The Land Acquisition Officer & ors. ...Respondent(s)
26/142
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DSS fa-1464-05-150-09-2310-06-G
WITH
First Appeal (ST) NO. 9810 OF 2013
Shri. Nathu Krushna Salekar And Ors. ...Appellant(s)
Versus
The Land Acquisition Officer & ors. . ...Respondent(s)
WITH
First Appeal NO. 1165 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 1166 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 1167 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its Executive
Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 1168 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 1169 OF 2011
Maharashtra Krishna Valley Development
27/142
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Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 1170 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its Executive Eng.
Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 1171 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer And Othrs ...Respondent(s)
WITH
First Appeal NO. 2543 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 2544 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its
Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer ...Respondent(s)
WITH
First Appeal NO. 2546 OF 2011
Maharashtra Krishna Valley
Development Corporation Through
Its Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
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First Appeal NO. 2547 OF 2011
Maharashtra Krishna Valley
Development Corporation Through
Its Executive Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors....Respondent(s)
WITH
First Appeal NO. 2548 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its Executive
Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors. ...Respondent(s)
WITH
First Appeal NO. 2549 OF 2011
Maharashtra Krishna Valley Development
Corporation Through Its Executive
Eng. Mr. Bapusaheb R. Pawar ...Appellant(s)
Versus
The Special Land Acquisition Officer & ors....Respondent(s)
WITH
First Appeal (ST) NO. 7980 OF 2008
The State Of Maharashtra & anr. ...Appellants(s)
Versus
Raghu Bagu Sanas And Anr ...Respondent(s)
WITH
CIVIL APPLICATION NOS. 3632,TO 3637 OF 2005 AND 2660 OF 2006,
AND 3098, 1778, 1779, 1781, 1874 TO 1878 & 3556 OF 2008, AND
2392, 4091, 668, 670, 672, 674, 676 , 678, 680, 682, 684, 686,688,
690, 692, 694, 696, 716, 720, 724, 736, 738, 742, 744, 746, 756, 758,
760, 764, 766, 2660 OF 2009 2009, AND 158, 1761, OF 2010 AND
3027 TO 3041 OF 2015 AND 695, 696 OF 2017
WITH
CROSS OBJECTION (ST) NOS. 18626, 18630, 18637, 18639, 18635,
18623, 18624, 18629,18621, 18633, 18628, 18638, 18634,
18640,18631, 18622 AND 18627 OF 2007
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| MATTER NOS. | APPEARANCE |
|---|---|
| CAF3098/08 IN FAST 12048/08 WITH<br>CAF 3556/08 | Yogesh Dabke and Ameet Palkar, AGP<br>for Applicant /Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.1<br>D.D.Shinde for MKVDC/original<br>R.No.2 |
| FA 53/2014 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar ,AGP<br>for R.1 and 2<br>D.D.Shinde for MKVDC R.3 |
| FA 102/2017 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar, AGP for<br>R.1 and 2<br>D.D.Shinde for MKVDC R.3 |
| FA 150/09 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet palkar AGP for<br>R.1 and 3<br>D.D.Shinde for MKVDC R.2 |
| FA 155/2017 WITH CAF 1875/08 | Yogesh Dabke & Ameet Palkar AGP for<br>Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1a to 1c,<br>2 & 3.<br>D.D.Shinde for MKVDC R.4 |
| FA 156/2017 | Yogesh Dabke & Ameet Palkar AGP for<br>Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>D.D.Shinde for MKVDC R.2 |
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| FA 260/09 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar AGP for<br>R.1 and 3<br>D.D.Shinde for MKVDC R.2 |
|---|---|
| FA 289/09 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar AGP for<br>R.1 and 3<br>D.D.Shinde for MKVDC R.2 |
| FA 290/09 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar AGP for<br>R.1 and 3<br>D.D.Shinde for MKVDC R.2 |
| FA 291/09 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 1 and 3<br>D.D.Shinde for MKVDC R.2 |
| FA 328/08 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Ameet Palkar AGP for R.1 and 3<br>D.D.Shinde for MKVDC R.2 |
| FA 509/10 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 1 and 2<br>D.D.Shinde for MKVDC R.3 |
| FA 579/09 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 1 and 3<br>D.D.Shinde for MKVDC R.2 |
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| FA 611/12 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 1 and 3<br>D.D.Shinde for MKVDC R.2 |
|---|---|
| FA 718/09 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 1 and 3<br>D.D.Shinde for MKVDC R.2 |
| FA 765/12 WITH CAF 2392/09 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>and Applicant<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 1 and 3<br>D.D.Shinde for MKVDC R.2 |
| FA 1089/09 WITH CAF 4091/09 | D.D.Shinde for Appellant,<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.No. 1 to<br>3 and Appliicant<br>Ameet Palkar AGP for R. 4 and 5 |
| FA 1090/09 WITH CAF 668/09 | D.D.Shinde for Appellant/Applicant,<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R. 1 to 3<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 4 and 5 |
| F.A 1091/09 WIHT CAF 670/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1 to 6<br>Ameet Palkar AGP for R. 7 and 8 |
| FA 1092/09 WITH CAF 672/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
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| FA 1093/09 WITH CAF 674/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R. 1 to 3<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 4 and 5 |
|---|---|
| FA 1094/09 WITH CAF 676/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R .1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1095/09 WITH CAF 678/09 | D.D.Shinde for Appellant/Appliicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R 1 to 5<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 6 and 7 |
| FA 1096/09 WITH CAF 680/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R 1 to 5<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 6 and 7 |
| FA 1097/09 WITH CAF 682/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R. 1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1098/09 WITH CAF 684/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R. 1 and 2<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 3 and 4 |
| FA 1099/09 WITH CAF 686/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R. 1 and 2<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 3 and 4 |
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| FA 1100/09 WITH CAF 688/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
|---|---|
| FA 1101/09 WITH CAF 690/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1102/09 WITH CAF 692/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R. 1 to 3<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 4 and 5 |
| FA 1103/09 WITH CAF 694/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1 to 8<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 9 and 10 |
| FA 1104/09 WITH CAF 696/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1105/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1.<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1106/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1 and 2.<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 3 and 4 |
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| FA 1107/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
|---|---|
| FA 1108/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1 to 6<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 7 and 8 |
| FA 1109/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R. 1 to 4<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 5 and 6 |
| FA 1110/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1.<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1111/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1.<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1112/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1.<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1113/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1 and 2<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 3 and 4 |
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| FA 1114/09 WITH CAF 716/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R. 1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
|---|---|
| FA 1115/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R. 1 to 4<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 5 and 6 |
| FA 1116/09 WITH CAF 720/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R. 1 to 4<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 5 and 6 |
| FA 1117/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1.<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1118/09 WITH CAF 724/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1.<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1119/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1 to 6<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 7 and 8 |
| FA 1120/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R. 1 and 2<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 3 and 4 |
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| FA 1121/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R .2 and 3 |
|---|---|
| FA 1122/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1.<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1123/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1 and 2<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 3 and 4 |
| FA 1124/09 WITH CAF 736/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1 and 2<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 3 and 4 |
| FA 1125/09 WITH CAF 738/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1.<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1126/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1 and 2<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 3 and 4 |
| FA1127/09 WITH CAF 742/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
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| FA 1128/09 WITH CAF 744/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
|---|---|
| FA 1129/09 WITH CAF 746/09 | D.D.Shinde for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1130/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1131/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 2 and 3 |
| FA 1132/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for R.1 to 3<br>Yogesh Dabke & Ameet Palkar AGP for<br>R. 4 and 5 |
| FA 1133/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1 and 2<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 3 and 4 |
|---|---|
| FA 1134/09 WITH CAF 756/09 | D.D.Shinde for<br>Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 2 and 3 |
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| FA 1135/09 WITH CAF 758/09 | D.D.Shinde for<br>Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1 to 3<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 4 and 5 |
|---|---|
| FA 1136/09 WITH CAF 760/09 | D.D.Shinde for<br>Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 2 and 3 |
| FA 1137/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1 and 2<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 3 and 4 |
| FA 1138/09 WITH CAF 764/09 | D.D.Shinde for<br>Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 2 and 3 |
| FA 1139/09 WITH CAF 766/09 | D.D.Shinde for<br>Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 2 and 3 |
| FA 1140/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 2 and 3 |
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| FA 1141/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 2 and 3 |
|---|---|
| FA 1142/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 2 and 3 |
| FA 1143/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1 to 4<br>Yogesh Dabke & Ameet Palkar<br>AGP for R.5 and 6 |
| FA 1144/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 2 and 3 |
| FA 1145/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 2 and 3 |
| FA 1146/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1 to 3<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 4 and 5 |
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| FA 1147/09 | D.D.Shinde for Appellant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R.1 and 2<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 3 and 4 |
|---|---|
| FA 1181/12 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 1452/09 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 1464/05 WITH CAF 2660/06,<br>XOBST 18626/07 | Yogesh Dabke & Ameet Palkar<br>AGP for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R 1 and 2 |
| FA 1465/05 WITH CAF 3632/05 | Yogesh Dabke & Ameet Palkar<br>AGP for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Respondents |
| FA 1466/05 WITH CAF 3633/05 | Yogesh Dabke & Ameet Palkar<br>AGP for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for R 1 to 3 |
| FA 1467/05 WITH CAF 3634/05 | Yogesh Dabke & Ameet Palkar<br>AGP for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Respondents |
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| FA 1468/05 WITH CAF 3635/05 | Yogesh Dabke & Ameet Palkar<br>AGP for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Respondents |
|---|---|
| FA 1469/05 WIRH CAF 3636/05 | Yogesh Dabke & Ameet Palkar<br>AGP for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Respondents |
| FA 1470/05 WITH CAF 3637/05 | Yogesh Dabke & Ameet Palkar<br>AGP for Appellant/Applicant<br>Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Respondents |
| FA 1593/08 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 1601/08 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R.1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 1602/08 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 1660/08 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R.1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
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| FA 1686/08 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R.1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
|---|---|
| FA 1698/09 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R.1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 1699/09 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 1700/09 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 1710/09 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 1795/011 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 2<br>D.D.Shinde ,MKVDC for R.3 |
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| FA 1809/09 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 2 |
|---|---|
| FA 1834/08 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 1988/08 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 1989/08 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 3<br>D.D.Shinde ,MKVDC for R.2 |
| FA 2115/11 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 2<br>D.D.Shinde ,MKVDC for R.3 |
| FA 2116/11 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R.1 and 2<br>D.D.Shinde ,MKVDC for R.3 |
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| FA2117/11 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1 and 2<br>D.D.Shinde ,MKVDC for R.3 |
|---|---|
| FA 2118/11 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R 1 and 2<br>D.D.Shinde ,MKVDC for R.3 |
| FA 2119/11 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R 1 and 2<br>D.D.Shinde ,MKVDC for R.3 |
| FA 2120/11 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R 1 and 2<br>D.D.Shinde ,MKVDC for R.3 |
| FA 2121/11 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R. 1and 2<br>D.D.Shinde ,MKVDC for R.3 |
| FA 2122/11 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R 1 and 2<br>D.D.Shinde ,MKVDC for R.3 |
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| FA 2123/11 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R 1 and 2<br>D.D.Shinde ,MKVDC for R.3 | |
|---|---|---|
| FA 2124/11 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R 1and 2<br>D.D.Shinde ,MKVDC for R.3 | |
| FA 2125/11 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R 1and 2<br>D.D.Shinde ,MKVDC for R.3 | |
| FA 2164/08 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R 1and 3<br>D.D.Shinde ,MKVDC for R.2 | |
| FA 2165/08 | Mr Gaurav Potnis a/w Mrs<br>P.H.Potnis and Mrs S.R.Fernandes<br>for Appellant<br>Yogesh Dabke & Ameet Palkar<br>AGP for R 1and 3<br>D.D.Shinde ,MKVDC for R.2 | |
| FA 2364/11 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for R 1and 2<br>D.D.Shinde ,MKVDC for R.3 | |
| FA 2387/08 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for R 1and 3<br>D.D.Shinde ,MKVDC for R.2 |
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| FAST 9810/13 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for R 1and 2<br>D.D.Shinde ,MKVDC for R.3 |
|---|---|
| CAF 158/10 IN FAST 1380/10 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for<br>Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for original R 1and 2<br>D.D.Shinde ,MKVDC for origional.R.3 |
| CAF 695/17 IN FAST 7974/08 with CAF<br>1874/08 | Yogesh Dabke & Ameet Palkar AGP<br>for Applicant/Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.1<br>D.D.Shinde ,MKVDC for original R.2 |
| CAF 696/17 IN FAST 7976/08 with CAF<br>1878/08 | Yogesh Dabke & Ameet Palkar AGP<br>for Applicant/Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original R<br>1 to 3<br>D.D.Shinde ,MKVDC for original R.4 |
| CAF 1761/10 IN FAST 9727/10 | Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for<br>Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for original R. 1 and 2<br>D.D.Shinde ,MKVDC for original R.3 |
| CAF 1778/08 IN FAST 7974/08 WITH<br>CAF 1874/08 | Yogesh Dabke & Ameet Palkar AGP<br>for Applicant/Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R. 1<br>D.D.Shinde ,MKVDC for originalR.2 |
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| CAF 1779/08 IN FAST 7976/08 WITH<br>CAF 1878/08 | Yogesh Dabke & Ameet Palkar AGP<br>for Applicant/Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R. 1 to 3.<br>D.D.Shinde ,MKVDC for original R.4 |
|---|---|
| CAF 1781/08 IN FAST 7980/08 WITH<br>CAF 1876/08 | Yogesh Dabke & Ameet Palkar AGP<br>for Applicant/Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.1 ,2, 4<br>D.D.Shinde ,MKVDC for original R.3 |
| CAF 3027/15 IN FA1165/11 | D.D.Shinde ,for Applicant/Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>claimants<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2 |
| CAF 3028/15 IN FA 1166/11 | D.D.Shinde ,for Applicant/Appellant<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>claimants<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2 |
| CAF 3029/15 IN FA 1167/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R. 3 and 4 |
| CAF 3030/15 IN FA 1168/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3. |
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| CAF 3031/15 IN FA 1169/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3 |
|---|---|
| CAF 3032/15 IN FA 1170/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3 |
| CAF 3033/11 IN FA 1171/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3 |
| CAF 3034/15 IN FA 2542/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3 |
| CAF 3035/11 IN FA 2543/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3 |
| CAF 3036/11 IN FA 2544/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3 |
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| CAF 3037/15 IN FA 2545/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3 |
|---|---|
| CAF 3038/15 IN FA 2546/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3 |
| CAF 3039/11 IN FA 2547/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3 |
| CAF 3040/15 IN FA 2548/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3 |
| CAF 3041/15 IN FA 2549/11 | D.D.Shinde ,for Applicant/Appellant<br>Yogesh Dabke & Ameet Palkar AGP<br>for Original R. 1 and 2<br>Mr Gaurav Potnis a/w Mrs P.H.Potnis<br>and Mrs S.R.Fernandes for original<br>R.3 |
Date of Reserving the Judgment : 10 March 2017.
Date of Pronouncing the Judgment : 29 March 2017.
COMMON JUDGMENT:
1] In all these matters , Mr. Dabke and Mr. Ameet Palkar,
Assistant Government Pleaders (AGPs) appear for the State of
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Maharashtra. Mr. D.D.Shinde appears for the Maharashtra Krishna
Valley Development Corporation (MKVDC), which claims to be the
acquiring body. Mr.Gaurav Potnis appears for the claimants. I have
heard the learned counsel for the parties extensively. They have also
filed notes of arguments in these matters.
PRELIMINARY MATTERS:
2] The challenge in these appeals is to the awards made by the
reference courts determining compensation in respect of lands in the
villages of Dabkeghar, Salav and Deoghar, Tal. Bhor, Dist. Pune. The
lands came to be acquired in pursuance of Notifications under
section 4 of the Land Acquisition Act, 1894 (said Act) issued in the
year 19931994 for the public purpose of Neera Deoghar Irrigation
Project (NDIP). The acquired lands in the three villages, have since
submerged under the waters of NDIP.
3] In all these matters, the Special Land Acquisition Officers
(SLAO) made awards determining the rate of compensation. As the
claimants were dissatisfied with the offer, references were made
under section 18 of the said Act to the reference courts. Vide
judgment and awards impugned in these matters, the reference
courts have determined compensation at the following rates:
(a) Dabkeghar lands Rs.2,55,000/ per hectare
(b) Salav lands Rs.1,00,000/ to Rs.1,14,000/
per hectare.
(c) Deoghar lands Rs.2,25,000/ per hectare.
4] In respect of Dabkeghar lands, the lead matter before the
reference court was LAR No. 70 of 1997, in which, the parties led
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oral evidence and produced documentary evidence. The judgment
and award dated 24 August 2004 in LAR No. 70 of 1997 has been
challenged by the State Government in First Appeal No. 1464 of
2005. The claimants have lodged Cross Objection No. 18626 of 2007
in the matter of denial of appropriate interest in terms of section 28
of the said Act. The learned counsel for the parties agree that this
first appeal and cross objections be taken as lead matters in respect
of Dabkeghar lands and the decision in these matters will govern the
following connected first appeals relating to Dabkeghar lands:
1464/2005 and XOBST/18626/2007; 1465/2005 and XOBST 18630
/2007; 1466/2005 and XOBST/18637/2007; 1467/2005 and
XOBST/18639/2007 ; 1468/2005 and XOBST/18635/2007;
1172/2011 ; 1469/2005 and XOBST/18623/2007; 1470/2005 and
XOBST/18624/2007; 1492/2005 and XOBST/18629/2007;
1494/2005 and XOBST/18621/2007; 1486/2005 ;1495/2005 ;
1487/2005 and XOBST/18633/2007; 1491/2005 and
XOBST/18628/2007; 1489/2005; XOBST/18638/2007;
1490/2005 and XOBST/18634/2007; 1496/2005 and
XOBST/18640/2007; 670/2008; 482/2008; 1529/2005 and
XOBST/18631/2007; 1530/2005 and XOBST/18622/2007;
531/2008 ; XOBST/18627/2007; 1748/2007 ; 1463/2008;
1397/2006; 374/2009; 636/2007; 1747/2007
5] In respect of Salav lands, the lead matter before the reference
court was LAR No. 5 of 1998, in which, the parties led oral evidence
and produced documentary evidence. The judgment and award
dated 29 January 2005 in LAR No. 5 of 1998 has been challenged by
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the claimants in First Appeal No. 150 of 2009. The MKVDC, claiming
to be the acquiring body, has also challenged the very same
judgment and award in First Appeal (St.) No. 19074 of 2008. The
State Government has also instituted about five appeals, in matters
related to Salav lands. The learned counsel for the parties agree that
these two first appeals be taken as lead matters in respect of Salav
lands and the decision in these matters will govern the following
connected matters relating to Salav lands: First Appeal Nos.
150/2009; 2117/2011; 2542/2011; 1809/2009; 1593/2008;
2164/2008; 2118/2011; 2364/2011 ; 2119/2011; 2120/2011;
1834/2008; 290/2009; 260/2009; 1710/2009; 2121/2011;
1699/2009; 328/2008; 2116/2011; 291/2009; 2122/2011;
1686/2008; 289/2009; 1795/2011; 765/2012; 1602/2008;
2123/2011; 1988/2008; 2165/2008; 1989/2008; 102/2017;
2115/2011; 718/2009; 1601/2008; 2124/2011; 2125/2011;
579/2009; 53/2014; 1700/2009; 509/2010; 611/2012; 1698/2009;
1660/2008; 1452/2009; 1181/2012 and First Appeal (St) Nos.
1380/2010; 9727/2010 ; 9810/2013; (Filed by the Claimants) .
First Appeal Nos. 180/2017; 2545/2011; 1925/2011;
179/2017; 181/2017 ; 183/2017 and First Appeal (St.) Nos.
19074/2008; 13014/2008; 13520/2008. ( Filed by the MKVDC ).
First Appeal Nos. 2310/2006; 155/2017; 156/2017 and First
Appeal (St.) Nos. 7974/2008; 12048/2008 ; 7976/2008. ( Filed by
the State Government )
6] In respect of Deoghar lands, the lead matter before the
reference court was LAR No. 276 of 1997, in which, the parties led
oral evidence and produced documentary evidence. The judgment
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and award dated 5 April 2008 in LAR No. 276 of 1997 has been
challenged by the the MKVDC in First Appeal No. 1089 of 2009.
The learned counsel for the parties agree that this first appeal be
taken as lead matter in respect of Deoghar lands and the decision in
these matters will govern the following connected first appeals
relating to Deoghar lands: 1089/2009; 1138/2009; 1108/2009;
1100/2009; 1146/2009; 1094/2009; 1095/2009; 1096/2009;
1097/2009; 1101/2009; 1098/2009; 1145/2009; 1093/2009;
1099/2009; 1092/2009; 1100/2009; 1090/2009; 1103/2009;
1112/2009; 1105/2009; 1106/2009; 1107/2009; 1091/2009;
1109/2009; 1110/2009; 1111/2009; 1147/2009; 1137/2009;
1114/2009; 1115/2009; 1116/2009; 1136/2009; 1118/2009;
1119/2009; 1104/2009; 1121/2009; 1122/2009; 1135/2009;
1126/2009; 1127/2007; 1124/2009; 1125/2009; 1129/2009;
1128/2009; 1130/2009; 1120/2009; 1131/2009; 1132/2009;
1133/2009; 1134/2009; 1113/2009; 1117/2009; 1123/2009;
1102/2009; 1139/2009; 1140/2009; 1141/2009; 1142/2009;
1143/2009; 1144/2009.
7] The judgment and award dated 24 August 2004 in LAR No. 70
of 1997 in respect of Dabkeghar lands has been relied upon by the
reference courts in deciding the references related to Salav lands and
Deoghar lands. The learned AGPs and Mr. Shinde have therefore,
urged that First Appeal No. 1464 of 2005, which challenges the said
judgment and award be taken up for consideration first. The learned
counsel for the parties also submit that it would be appropriate if all
the matters are disposed of by common judgment and order, since,
the evidence in the three sets of matters is substantially common and
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to some extent interrelated.
8] The acquisition of lands in the three villages was for the
public purpose of NDIP. The section 4 Notifications, though not
common, were declared in the year 19931994. The three villages
are in the same vicinage. The evidence is substantially common and
interrelated. Learned counsel for the parties have relied upon
evidence in one set of matters to support their contentions in the
other. This was permitted particularly because the evidence was
complementary. For example, in respect of references relating to
Dabkeghar and Salav lands certified copies of sale instances were
produced in evidence. The vendors or the vendees or the attesting
witnesses in respect of most of such sale instances were however,
examined in references relating to Deoghar lands. Similarly, copies
of maps or plans have been produced in one set of matters, but were
relied upon in the other set of matters. Taking into consideration
such circumstances, it will be appropriate to dispose of all these
matters by a common judgment and order. In order to facilitate such
disposal, however, reference will be made to the lead matters as
indicated in paragraphs 4,5 and 6 above.
SUBMISSIONS ON BEHALF OF THE PARTIES
9] In First Appeal No. 1464 of 2005 relating to Dabkeghar lands,
Mr. Dabke, Mr. Palkar, learned AGPs and Mr. Shinde submit that the
compensation determined by the reference court is excessive and
therefore unsustainable. They submit that the claimants have
themselves admitted in their depositions that the acquired lands
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were undeveloped. There was no transportation facility in their
villages. There were no hospitals, bazaars or other public amenities
available. They submit that even the land quality was quiet inferior
and fit only to grow grass.
10] In case of Dabkeghar and Salav lands, they submit that the
reference court erred in relying upon certified copies of sale deeds,
even though vendors and vendees were never examined. They
submit that such reliance was contrary to the law laid down by the
Hon'ble Supreme Court in Kummari Veeraiah and ors. vs. State of
A.P. (1995) 4 SCC 136.
11] They further submit that the reference courts clearly erred in
relying upon sale instances from Nirgudghar, Nangaon and Apti,
even though they were not comparable instances. They point out
that Dabkeghar and Salav are in the interiors, to the south of River
Neera. In contrast, Nirgudghar, Nangaon and Apti are to the north of
River Neera and most importantly benefited by the Mahad
Pandharpur Highway (State Highway), which passes through these
villages. They submit that these villages fall within the benefited
zone of NDIP as opposed to the acquired lands, which fell within
the affected zone. They submit that the sale deeds relied upon by the
reference court pertains to small plots, in one case to a developed
plot and in at least two cases to plots abutting the State Highway.
These sale instances, they submit, ought not to have been considered
by the reference court.
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12] They submit that the reference courts should have entirely
relied upon sale instances from villages Kari, Ryari, Mhasar Budruk,
Mhasar Khurd, Nivangaon which afford comparable instances. They
say that the quality of the soil, location, terrain, amenities or rather
the lack of amenities in these villages is at par with Dabkeghar, Salav
and Deoghar. They submit that the reference courts have relied upon
sale instances in respect of incomparable lands, but excluded
consideration of sale instances of comparable lands.
13] They submit that the reference courts have grossly erred in
applying the principle of averages in order to determine the market
rates. They submit that sale instances which were incomparable and
which reflected abnormally high rates on account of special features
with which they were benefited were incorrectly relied upon by the
reference courts. Such sale instances hiked the average rate . They
submit that such an approach is contrary to the principles settled by
the Hon'ble Supreme Court in such matters.
14] They submit that the rate of Rs.2,55,000/ for Dabkeghar
lands is too excessive. They say that even the rate of Rs.1,00,000/
to Rs.1,14,000/ in respect of Salav lands is also excessive. They say
that the rates determined by SLAO were quite proper. They say that
reliance upon sale instances from Nirgudhgar, Nangaon and Apti
were improper. In any case, no balancesheet of plus and minus
factors was prepared by the reference courts. No proper deductions
have been made from the rates reflected in the exemplars. They say
that all these are serious infirmities which ail the impugned awards
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15] In First Appeal No. 1089 of 2009 and connected matters
involving Deoghar lands, Mr. Shinde submits that the reference
applications were clearly barred by limitation. The reference courts
were, therefore, not entitled to entertain the references. Mr. Shinde
submits that the SLAO, in these matters, made the award on 22
January 1996. There is material on record which establishes that
notice under section 12(2) of the said Act was duly served upon the
claimants on or before 1 October 1996. However, the reference was
applied for only on 30 December 1996, which is beyond the six
weeks period prescribed in section 18(2)(b) of the said Act. The
claimants in these cases were not entitled to the benefit of the
extended period of six months from the date of the award since
notices under section 12(2) of the said Act were served upon them.
In any case, since applications seeking reference were made beyond
six months from the date of the award, the same were clearly barred
and the reference court had no authority or jurisdiction to entertain
the same on merits. Mr. Shinde also submits that in a matter of this
nature, the claimants were not entitled to set off the period spent by
them for the purpose of obtaining certified copy of the award dated
22 January 1996. The exclusion of such period by the reference
court is contrary to the law laid down by Single Judge of this court
in Shantaram Ganesh Shenoy vs. Special Land Acquisition Officer,
Ratnagiri – 2006 (93) Mh.L.J. 781 and the Division Bench in
Bahadur Singh Jhala vs. Special Land Acquisition Officer, Pune
and anr. 2009(1) Mh.L.J. 236 .
16] Without prejudice to the issue of limitation, Mr. Shinde
submits that the rate determined by the reference court is excessive.
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He submits that there is no shred of evidence made available to
determine similarity between the Deoghar lands and sale instances
in villages Nirgudghar, Nangaon and Apti. He submits that the award
in LAR No. 70 of 1997 could not have been relied upon since
MKVDC was not made a party to the said reference proceedings. In
any case, he submits that there is no evidence on record to
demonstrate similarity between Deoghar lands and Dabkeghar lands.
He submits that the sale instances are not comparable, since, they
refer to small plots of land and are from villages which have great
development potential due to factors like State Highway and
proximity to Tahsil place, Bhor. For these reasons, he submits that
the determination of rates by the reference court is liable to be set
aside and the determination of rates by the SLAO be restored.
17] Mr. Potnis, who appears for the claimants in all these matters,
has countered the submissions made by the AGPs and Mr. Shinde.
He submits that there is no difference between Dabkeghar lands and
the lands at Nirgudghar, Nangaon and Apti. He submits that the
material on record, in fact, justifies the rate of at least Rs.3,00,000/
per hectare. He submits that this court should in fact enhance the
rate, particularly since the claimants are ready to pay deficit court
fees, should, excess compensation be awarded. He relies upon the
decisions of the Hon'ble Supreme Court in Bhimasha vs. SLAO –
(2008) 10 SCC 797 , to submit that such a course of action is open
to the appeal court.
18] He submits that the material on record establishes that there
was hardly any water in the Neera River for most parts of the year
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and in any case, there was a bridge connecting the villages on either
side of the river. In contrast, he submits that the sale instances at
Rayari or Kari are not at all comparable. Between Dabkeghar and
Kari there are at least two hills and distance between the two
villages is 68 Kms. Rayari village is in the extreme interiors having
virtually no road accessibility. There is no material produced on
record to indicate that the villages of Nirgudghar, Nangaon and Apti
are developed or had any serious development potential. The sale
instances in these three villages also mainly relate to grass lands.
Only some of the sale instances relate to lands abutting the highway.
However, there is no presumption that even such lands automatically
qualify as developed lands or lands used for nonagricultural
purposes. In fact, development or nonagricultural user, in such
areas, is mostly in the interiors where Gaothan is set up because
amenities like water supply etc. are readily available. For all these
reasons, Mr. Potnis submits that the contentions of the AGPs and
Mr.Shinde are liable to be rejected.
19] Mr. Potnis submits that methodology of averages adopted by
the SLAO and the reference court has in fact worked to disadvantage
of the claimants. He submits that the sale instances with the highest
rate were required to be taken into consideration as per the law laid
down by the Hon'ble Supreme Court in Anjani Desai vs. State of
Goa – 2010 (13) SCC 710 . He submits that there is no bar to the
reference court taking into consideration sale instances of small plots
, particularly because the acquisition in individual instances, is also
in respect of small plots. In any case, some allowance can always be
made towards factors like smallness or proximity to State Highway
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for purposes of determination of market rate in respect of the
acquired lands. He submits that this is not a case where comparison
was necessary between sale instances in relation to developed plots
and undeveloped acquired plots. In this case, even the sale instances
relate to undeveloped plots. Further, the acquisition in this case was
because the acquired lands were to submerge in the waters of NDIP.
There was, accordingly, no necessity of making any deductions
towards development charges, set backs, provision of amenities etc.
Mr. Potnis submits that the highest comparable instances reflect rate
of about Rs.3,50,000/ per hectare. Therefore, even if deduction of
10 to 15 percent is made, the rate to be determined is in excess of
Rs.3,00,000/ per hectare.
20] Mr. Potnis, in support of the crossobjections, submits that the
impugned award dated 24 August 2004 is vitiated by an error
apparent on the face of record inasmuch as there is failure to take
into consideration the proviso to section 28(1) of the said Act in the
matter of provision for interest. Mr. Potnis submits that for the
period beyond one year from the date the claimants lost their
possession of the acquired lands, interest at the rate of 15% per
annum was required to be awarded. The crossobjections are
therefore, liable to be allowed in their entirety.
21] Mr. Potnis further submits that there is no appreciable
difference between Dabkeghar lands and Salav lands. Therefore, the
rate determined by the reference court in LAR No. 70 of 1997 in
respect of Dabkeghar lands ought to have been determined as the
rate in respect of Salav lands. He submits that neither the State
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Government nor MKVDC have been candid to the court. He submits
that when it comes to determination of rates for Dabkeghar lands or
Salav lands, learned AGPs and Mr. Shinde contend that since these
lands are to the south of River Neera and since the State Highway,
which passes through the villages of Nirgudghar, Nangaon and Apti,
is to the north of River Neera, the sale instances from these three
villages afford no comparison. Mr. Potnis submits that however,
when it comes to determination of rates in respect of Deoghar
lands , which are also to the north of River Neera and in proximity of
State Highway, the learned AGPs and Mr. Shinde abandon this line of
argument and even go to the extent of suggesting that the Deoghar
lands are inferior to Dabkeghar lands.
22] In First Appeal No. 150 of 2009 relating to Salav lands,
Mr.Potnis submits that the rate determined by the reference court is
totally inadequate. He submits that there is ample material on record
which establishes that there is no substantial difference between
Dabkeghar lands and Salav lands. Both the villages are on the
southern river bank of River Neera. Both the villages share a
common boundary. There is a bridge on the River Neera from
Nirgudghar to Dabkeghar, which, serves as access to the village
Salav as well. The lands in villages of Kari and Ryari are not
comparable to the Salav lands, which are far better. The sale
instance from Kari relates to land used for cremation purposes.
Other instances from Kari or Ryari are sales between close relatives
like father and daughter etc. There was no justification whatsoever
to deny the Salav lands the same compensation as is awarded to the
Dabkeghar lands.
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23] In First Appeal No. 1089 of 2009 relating to Deoghar lands,
Mr. Potnis for the claimants objected to the very maintainability of
the appeals by submitting that the MKVDC cannot be regarded as
acquiring body insofar as the present acquisitions are concerned. He
submits that the acquisitions in the present case were made in
pursuance of section 4 notification which was published on 19
August 1993. The MKVDC, which is the statutory corporation, has
been established under the Maharashtra Krishna Valley Development
Corporation Act, 1996, some time in the year 1996. In such
circumstances, it can never be said that the acquisition was for the
purposes of MKVDC or that the acquisition was at the cost of any
fund controlled or managed by the MKVDC. Mr. Potnis submits that
the MKVDC cannot even be construed as 'local authority' as defined
under section 3(aa) of the said Act. Mr. Potnis relies upon the
decision of the Division Bench of this court in Maharashtra Krishna
Valley Development Corporation vs. State of Maharashtra and ors
– 2014 (4) Bom.C.R. 626 (Para 13) , in support of these
submissions.
24] On the aspect of limitation, Mr. Potnis submits that there is
absolutely no material brought on record by MKVDC or the SLAO
to establish that notice under section 12(2) of the said Act was really
served upon the claimants. In any case, he submits that there is
absolutely no material brought on record by MKVDC and the SLAO
that the copy of the award had accompanied any notice under
section 12(2) of the said Act at the time of alleged service. He
submits that the onus of proving such matters was squarely upon the
MKVDC or the State and such onus has been far from discharged.
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Further, Mr. Potnis points out that even the communication dated
26 March 1997 by which the SLAO, actually made or forwarded the
reference to the reference court, clearly states that the award was
made on 10 May 1996 and not on 22 January 1996. The perusal of
the award also makes it clear that the same was declared on 10 May
1996. In such circumstances, it can never be said that the references
were time barred under section 18(2)(b) of the said Act. Mr. Potnis
has placed reliance upon number of decisions, including in
particular, the decision of the Hon'ble Supreme Court in the case of
Premji Nathu vs. State of Gujarat & Anr. 2012(5) Mh.L.J. 514 .
25] For all the aforesaid reasons, Mr. Potnis, the learned counsel
for the claimants, submits that the appeals instituted by the State
Government and the MKVDC are liable to be dismissed and the
appeals and crossobjections instituted by the claimants are liable to
be allowed.
POINTS FOR DETERMINATION
26] On the basis of the submissions of learned counsel for the
parties, the following points arise for determination in these matters:
a] In First Appeal No. 1464 of 2005 relating to Dabkeghar
lands, does the State Government establish that the rate of
Rs.2,55,000/ per hectare determined by the reference court in
LAR No. 70 of 1997 is excessive ?
b] In CrossObjection No. 18626 of 2007 in First Appeal
No. 1464 of 2005, do the claimants establish that they are
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entitled to interest on the excess compensation determined by
the reference court at the rate of 15% per annum under
section 28 of the said Act ?
c] In First Appeal (St) No. 19074 of 2008 and First Appeal
No. 2310 of 2006 relating to Salav lands, do the MKVDC and
State Government establish that the rate of Rs.1,00,000/ to
Rs.1,14,000/ per hectare determined by the reference court in
LAR No. 5 of 1998 and LAR No. 4 of 1998 is excessive ?
d] In First Appeal No. 150 of 2009 relating to Salav lands,
do the claimants establish that the rate of Rs.1,00,000/ to
Rs.1,14,000/ per hectare determined by the reference court in
LAR No. 5 of 1998 is inadequate ?
e] In First Appeal No. 1089 of 2009 relating to Deoghar
lands, do the claimants establish that the appeal is not
maintainable, since, according to them, MKVDC is not the
acquiring body in respect of the acquisitions in question ?
f] In First Appeal No. 1089 of 2009 relating to Deoghar
lands, does the MKVDC establish that the reference
applications made by the claimants were barred by limitation
prescribed in clause (b) of provision to section 18(2) of the
said Act ?
g] In First Appeal No. 1089 of 2009 relating to Deoghar
lands, does the MKVDC establish that the rate of Rs.2,25,000/
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per hectare determined by the reference court in LAR No. 276
of 1997 is excessive ?
EVIDENCE ON RECORD.
27] The lead matter before the reference court in respect of
Dabkeghar lands was LAR No. 70 of 1997 . Broadly, following was
the evidence in the said matter:
i] Deposition of Dhondiba Paogi (claimant). This witness
has produced on record certified copies of 8 sale deeds
(Exhibits 12 to 19); and
ii] Deposition of Arun V. Kamble, SLAO.
28] The lead matter before the reference court in respect of Salav
lands was LAR No. 5 of 1998. Broadly, following was the evidence in
the said matter:
i] Deposition of Parbati Salelkar (claimant). This witness
mainly relied upon reference court award in LAR No. 70 of
1997 relating to Dabkeghar lands and the sale deeds referred
to therein;
ii] Deposition of Dilip Gavade, SLAO; and
iii] Deposition of Gautam Nana Londhe, SubDivisional
Engineer, MKVDC. This witness has produced on record some
sale deeds in respect of lands at Ryari, Kari etc.
29] The lead matter before the reference court in respect of
Deoghar lands was LAR No. 276 of 1997. Broadly, following was the
evidence in the said matter:
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i] Deposition of Kisan P. Kank (claimant). This witness
mainly relied upon reference court award in LAR No. 70 of
1997 relating to Dabkeghar lands and the sale deeds referred
to therein;
ii] Deposition of Balasaheb Jedhe, vendor in sale deed
dated 3 March 1989 (Exhibit15);
iii] Deposition of Nathu Sitaram Jedhe, vendor in sale deed
dated 26 September 1991 (Exhibit16);
iv] Deposition of Laxman Parvatrao Kudale, vendee in sale
deed dated 13 July 1993 (Exhibit13);
v] Deposition of Ananda Sakharam Yadav, attesting witness
to sale deed dated 5 October 1989 (Exhibit14);
vi] Deposition of Kailas Baban Lirabare, vendor in sale deed
dated 6 September 1990 (Exhibit19);
vii] Deposition of Raosaheb B. Bagav, vendor in sale deeds
dated 17 July 1989 (Exhibit17) and 19 May 1990 (Exhibit
18);
viii] Deposition of Sindhu C. Supekar, vendee in sale deed
dated 23 October 1992 (Exhibit12);
ix] Deposition of Arun Kamble, SLAO;
x] Deposition of Gautam Londhe, SubDivisional Engineer,
MKVDC. This witness has produced on record some sale deeds
in respect of lands at Ryari, Kari etc.; and
xi] Deposition of Subhash N. Gavhane, photographer,
deposed on behalf of the MKVDC.
30] Insofar as Dabkeghar lands are concerned, the claimant
Dhondiba Paogi , aged 50 years, has deposed that his lands bearing
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Gat No. 75/14 admeasuring 0.37 R and Gat No.75/26 admeasuring
0.15 R came to be acquired for the NDIP. He has deposed that the
acquired land was Jirayat land which he was cultivating since the
age of 18 years. He has deposed that he has improved the land by
erecting tals and bandhs. He has deposed that there is heavy rainfall
in the area for four months (rainy season). He has deposed that they
used to cultivate crops like sawa, wari, nachani, paddy and even
grass for milch animals. He has deposed that they would cultivate
rice in one or two gunthas. In order to retain water, bandhs were
erected. He has deposed that as per need, the landlords in the area
sell 1 or 2 gunthas of land. The village Nangaon is at distance of 2
Kms. from Dabkeghar and towards the north eastern corner of
Dabkeghar. The village Nirgudghar is adjacent to village Dabkeghar
from the northern side. The quality of lands in Dabkeghar and the
villages of Nirgudghar, Kari and Nangaon is the same. Dhondiba
Paogi has thereafter tendered in evidence certified copies of 8 sale
deeds which came to be marked as Exhibit12 to 19. He has deposed
as regards the lands which form the subject matter of such sale
deeds. He has stated that he knows the vendors and vendees. He has
deposed that the lands which form the subject matter of such sale
deeds are similar in quality to the acquired lands in Dabkeghar. He
has stated that the lands in Nirgudghar, which are the subject matter
of the sale instances are at a distance of 1 ½ km from the acquired
lands. He has stated that if he was in need , he would have sold 1 or
2 gunthas of land. He has claimed compensation at the rate of
Rs.3,00,000/ per hectare.
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31] In his crossexamination, Dhondiba Paogi has stated that the
population of Dabkeghar was 650 to 700. He has stated that his two
sons were educated up to VIIth standard at Dabkeghar, but had to
take further education at Bhor, which is at a distance of about 20
Kms., since, there was no education facility beyond VIIth standard at
Dabkeghar. He has admitted that there is no Government Hospital or
Bazar at Dabkeghar. He has admitted that there was no
transportation facility for village Dabkeghar. He has stated that the
distance between Dabkeghar and Salav is 1 Km. He has admitted
that the villages of Nangaon, Kari and Nirgudghar are not
submerged under the dam water, since, they are beyond the dam. He
has stated that he has no records of laying of bandhs and tals, since,
the same were erected by his own efforts. He has stated that he does
not have any documentary evidence as regards his income from rice
or grass. He has denied that the lands at Dabkeghar were of inferior
quality and therefore, there were no sale instances in the village. He
has stated that he is unable to say what crops were cultivated in the
lands which form the subject matter of the certified sale deeds
produced by him. He has denied the suggestion that the distance
between Dabkeghar and Nirgudghar or Nangaon is 5 to 7 Kms. He
has denied the suggestion that his claim at the rate of Rs.3,00,000/
or even Rs. 1,50,000/ per hectare is incorrect.
32] In respect of Salav lands, Parvati K. Salelkar came to be
examined in LAR No. 5 of 1998. She has inter alia relied upon the
award in LAR No. 70 of 1997. She has stated that the quality of
lands at Dabkeghar and Salav is the same. In her crossexamination,
She has admitted that there was no industrial estate, Government
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Hospital, transportation facility available at Salav. She has stated
that the boundaries of village Salav are as under, to the east of
village Salav, there is village Kari, to the west there is village
Dabkeghar, to the north there is village Nangaon and Nirgudghar.
She has stated that she is unable to say anything about the southern
boundary of village Salav. She has stated that there is river between
Bhor Mahad road and Salav. She has denied that the acquired lands
in Salav are in hilly area and are that of inferior quality. She has
stated that there are two mountains between the village Salav and
Kari and there is no direct road from village Kari to Salav. She has
stated that that the quality of lands in the villages of Nangaon, Kari,
Apti, and Nirgudghar are similar to the lands at Salav. She has
stated that she has presently made a claim for Rs.3,00,000/ per
hectare.
33] In LAR No. 276 of 1997 relating to Deoghar lands, the
claimant Kisan Pandu Kank examined himself. He stated that the
acquired land was Jirayat (varkas) land, which was developed by
him by levelling and use of fertilizers. He used to cultivate crops like
Nachani, Sava, Wari etc. . There was plentiful rainfall and the land
was superior quality. Grass was grown on some portion to provide
for milch cattle. There is a common boundary between Nirgudghar
and Deoghar. The village Nangaon is at a distance of ½ km. to the
east. He has claimed that the rate of Rs.3,00,000/ per hectare
represents the market price. In his crossexamination, he has stated
that he has studied up to IVth standard. He has stated that he
withdrew compensation awarded by SLAO under protest. He cannot
say on which date section 12 notice was served. Deoghar is at a
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distance of 15 km. from Bhor. Population of Deoghar is 285. There
was weekly bazaar. Main bazaar place is Bhor. The Mahad
Pandharpur Road is at a distance of ½ km. There was no industrial
zone to the west of Bhor. It is true that he had received two notices
prior to notice under section 12(2) from the Kotwal. He has not seen
the award declared by the SLAO and the contents of such award
were never explained to him. At present he has claimed the rate of
Rs.2,50,000/ per hectare. He is going to examine persons from
Nangaon, Nirgudghar and Kari for determination of market rate. He
has denied that the acquired land potkharaba. He has admitted that
main wall of Neera Deoghar Dam was to the east of village Deoghar.
Towards the east of the dam are villages of Nirgudghar, Apti and
Nangaon. Towards the south is the River Neera. Beyond which are
the villages Dabkeghar, Salav, Ryari. He admitted that there is a
small bridge on the river near village Nirgudghar, which proceeds to
village Salav, Ryari and Dabkeghar. He has stated that one road
proceeds from village Ambeghar to the villages Nangaon, Apti and
Nirgudghar. Another road goes from Deoghar to Kari. The village
salav is to the east of village Dabkeghar. Towards south of these
villages is the village Ryari, which is by the side of Ryareshwar
mountain. Village Kari is towards the east of village Ryari. In
between two villages there is another hill/mountain. He has
admitted that Deoghar village is on mountain side. He has denied
the suggestion put on behalf of MKVDC that the MahadPandharpur
Road is at a distance of 2 kms away from Deoghar. He has admitted
that there are villages such as Mhasar Khurd and Mhasar Budrukh to
the north of village Deoghar. But he stated that these villages are
situated on the hill top. Instead, the village Nirgudghar is adjacent to
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village Deoghar. He has denied the suggestion that the village
situated on the top of the hill and the lands are situated on the
ground level. He has denied the suggestion that the sale instances
relied upon by him were in respect of plots for construction of
houses or that they relate to small plots or that they relate to lands
which came within irrigation zone of Neera Deoghar Dam. He has
denied the suggestion that only grass was grown in the acquired
lands or that there was no rainfall in the village Deoghar. This
witness has also relied upon the reference court award in LAR No.
70 of 1997 relating to Dabkeghar lands and the sale deeds referred
to therein.
34] In the award dated 24 August 2004 in LAR No. 70 of 1997
relating to Dabkeghar lands, the reference court has referred to eight
sale instances from the villages Nangaon, Kari and Nirgudghar.
Certified copies of the sale deeds were duly produced on record in
the references. In award dated 29 January 2005 in LAR No. 5 of
1998, relating to Salav lands, the reference court has referred to the
award dated 24 August 2004 in LAR No. 70 of 1997. However, the
reference court, has excluded from consideration the sale instances
from Nirgudghar and Nangaon, but taken into consideration the sale
instances from Kari. The details of the 8 sale instances referred to by
the reference court are set out in the following chart for the sake of
convenience :
| Sr.<br>No. | Exhi<br>bit | Village | Survey<br>No. | Area<br>Sold in<br>Ha | Consider<br>ation<br>(in Rs.) | Date<br>of<br>Registrat<br>tion | Rate per<br>hectare<br>(in Rs.) | Escalated<br>rate per<br>hectare as<br>on 6.5.93 |
|---|---|---|---|---|---|---|---|---|
| 1 | 12 | Nangaon | 254 | 0.050 | 17,000 | 231092 | 3,40,000 | 3,61,873 |
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| 2 | 13 | Nangaon | 1160 | 0.028 | 8,000 | 13793 | 2,85,714 | 2,79,334 |
|---|---|---|---|---|---|---|---|---|
| 3 | 14 | Nangaon | 1079 | 0.020 | 5,000 | 51089 | 2,50,000 | 3,57,500 |
| 4 | 15 | Kari | 1620 | 0.240 | 24,000 | 3389 | 1,00,000 | 1,50,100 |
| 5 | 16 | Kari | 211 | 0.020 | 2,200 | 26991 | 1,10,000 | 1,30,166 |
| 6 | 17 | Nirgudghar | 20 | 0.01 | 1,500 | 17789 | 1,50,000 | 2,18,450 |
| 7 | 18 | Nirgudghar | 20 | 0.01 | 3,000 | 19590 | 3,00,000 | 4,06,700 |
| 8 | 19 | Nirgudghar | 232 | 0.149 | 19,000 | 6990 | 1,27,517 | 1,68,323 |
35] In the references relating to Dabkeghar lands and Salav lands,
the vendors, vendees or attesting witnesses to the aforesaid sale
instances were not examined. However, vendors or vendees or
attesting witnesses were examined in relation to the very same sale
instances in the references relating to Deoghar lands. The learned
counsel for the parties have accordingly relied upon such evidence in
support of their respective contentions.
36] Except in one case (Exhibit13), the rest of sale instances are
presection 4 Notification, which in case of Deoghar, was declared on
6 May 1993. The sale instance at Exhibit13 is dated 13 July 1993.
The reference court has taken escalation at 12% per annum and this
particular rate of escalation has not been challenged in these appeals
by any parties. Such rate of escalation, in any case, is borne out
from other material on record.
37] The first sale instance (Exhibit12) is the registered sale deed
dated 23 October 1992. This relates to the land admeasuring 0.050
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Ha, bearing Survey No. 254, Nangaon. The escalated rate reflected
as on date of section 4 Notification comes to Rs.3,61,873/ per
hectare. The vendee Sindhu Supekar has been examined. She has
deposed that the sale land was Jirayat land and in season, she used
to cultivate paddy therein. She has stated that the sale land is at a
distance of about 2 kms from Deoghar village and the quality of land
at Deoghar and Nangaon is similar. According to me, the rate
reflected in this sale instance is so high only because the sale plot
was bounded to the east by the State Highway. Therefore, this sale
instance ought to have been excluded from consideration.
38] The second sale instance (Exhibit13) is the registered sale
deed dated 13 July 1993. This relates to the land admeasuring
0.028 Ha, bearing Survey No. 1160, Nangaon. The escalated rate
reflected as on date of section 4 Notification comes to Rs.2,79,334/
per hectare. Although, this is a post notification sale instance, there
is absolutely no challenge to its genuineness. In Chimanlal
Hargovinddas Vs. Special Land Acquisition Officer, Poona and
anr. (1988) 3 SCC 751 , it is held that even post notification
instances can be taken into account if they are very proximate;
genuine and the acquisition itself has not motivated the purchaser to
pay a higher price on account of resultant improvement in the
development prospects. All these three factors satisfied in case of the
sale instance at Exhibit13. The vendee, Laxman Parvatrao Kudale
has been examined. He has stated that the distance between the
villages of Nangaon and Deoghar is 1.5 kms.. In his cross
examination, he has stated that the village Nangaon is at a distance
of about 4 furlongs from the MahadBhor Road. He has stated that
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the Neera Deoghar Dam is to the west of village Nangaon. He has
stated that the villages Apti and Nirgudghar are between the villages
Nangaon and Deoghar. He has stated that Apti and Nirgudghar may
be at a distance of ½ km from Nangaon. Deoghar may be at a
distance of ½ km from Nirgudghar. All these villages are to the east
of the dam. He has denied that the lands purchased by him falls in
command area Neera Deoghar Dam. He has denied the suggestion
that the lands at Nangaon and Kari are superior to the lands at
Deoghar. He has denied that the lands purchased by him are
adjacent to his ancestral lands. He has denied that there is
dissimilarity between the acquired lands at Deoghar and the sale
land. He has denied the suggestion that there was any rumor about
the dam and therefore, rise in market value of the lands which were
to fall under the command area. This sale instance, can be regarded
as a comparable instance. However, some deductions will be due on
account of locational advantages and other factors.
39] The third sale instance (Exhibit14) is the registered sale deed
dated 5 October 1989. This relates to the land admeasuring 0.020
Ha, bearing Survey No. 1079, Nangaon. The escalated rate reflected
as on date of section 4 Notification comes to Rs.3,57,500/ per
hectare. The attesting witness Ananda Sakharam Yadav has deposed
that the sale plot was purchased by the vendee Dhondiba Jagtap to
construct his house. According to me, this is possibly why the sale
price reflected is so high. This sale instance will therefore, have to be
excluded from consideration.
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40] The fourth sale instance (Exhibit15) is the registered sale
deed dated 3 March 1989. This relates to the land admeasuring
0.0240 Ha, bearing Survey No. 1620, Kari. The escalated rate
reflected as on date of section 4 Notification comes to Rs.1,50,100/
per hectare. The vendor Balasaheb Aabasaheb Jedhe has been
examined. He has stated that the distance between Deoghar and Kari
is about 1.5 kms..
41] The fifth sale instance (Exhibit16) is the registered sale deed
dated 26 September 1991. This relates to the land admeasuring
0.020 Ha, bearing Survey No. 211 at Kari. The escalated rate
reflected as on date of section 4 Notification comes to Rs.1,30,166/
per hectare. The vendor Nathu Sitarakm Jedhe has been examined
in the reference relating to Deoghar lands. He has deposed that it
was Jirayat land. He has deposed that village Deoghar is at a
distance of 2 kms from Kari.
42] There is, in fact, ample material on record to suggest that the
lands at Kari are not comparable to the acquired lands at Dabkeghar,
Salav and in any case, Deoghar. The statements of above two
witnesses that the distance between Deoghar and Kari is 1.5 to 2
Kms., is totally incorrect. There is ample evidence on record which
suggest that the distance between Deoghar and Kari is more than 15
kms. This is evident from the maps produced on record by MKVDC.
This is also evident from the deposition of Gautam Londhe, Sub
Divisional Engineer, MKVDC that the distance between Deoghar and
Kari is 18 kms. The distance between Salav and Kari itself is 6 to 8
kms. The two villages are separated by two mountains and there is
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no direct road linking the two. The terrain at Kari is also not
comparable to the terrain in Dabkeghar Salav and Deoghar. Kari is in
the hilly region and at a substantial distance away from Neera River.
The sale instances from Kari, therefore, cannot be regarded as
comparable instances.
43] The sixth sale instance (Exhibit17) is the registered sale deed
dated 17 July 1989. This relates to the land admeasuring 0.01 Ha,
bearing Survey No. 20, Nirgudghar. The escalated rate reflected as
on date of section 4 Notification comes to Rs.2,18,450/ per hectare.
The vendor Raosaheb Bhau Bagav has been examined. He has
deposed not only to the sale instance dated 17 July 1989, but also
the seventh sale instance, which is sale deed dated 19 May 1990, in
which too, he is the vendor. He has deposed that the lands sold by
these sale deeds were grass lands. He has deposed that the villages
Nirgudghar and Deoghar share a common boundary and the quality
of lands in the two villages is similar. In his crossexamination, he
has deposed to the location of the Neera Deoghar dam in
juxtaposition to the villages of Nirgudghar, Nangaon, Apti and Kari.
He has deposed to purchases of properties made by him in the year
1988. He has admitted that Survey (Gat) No.20 is adjacent to
MahadPandharpur Road. He has stated that from time to time, he
has made sales of one or two gunthas of land. He has referred to
other sales in the area. He has deposed that there is heavy rain in
the area of Nirgudghar, Nangaon, Ryari. He has denied the
suggestion that there was increase in prices on account of proposed
acquisition. He has denied the suggestion that the sale deeds
executed by him were illegal and executed in order to benefit the
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persons whose lands were to be acquired, since, such persons were
acquainted to him. This sale instance can be held as a comparable
instance. However, some deductions will be necessary before this
instance is used to determine the rates at Dabkeghar and Salav.
44] The seventh sale instance (Exhibit18) is the registered sale
deed dated 19 May 1990. This relates to the land admeasuring 0.01
Ha, bearing Survey No. 20, Nirgudghar. The escalated rate reflected
as on date of section 4 Notification comes to Rs.4,06,700/ per
hectare. The vendor Raosaheb Bhau Bagav has been examined. The
reason why there is sudden spurt in the rate reflected in this sale
instance is not discernible from the evidence on record. On 17 July
1989, i.e., hardly a year earlier, this very vendor, had sold land
admeasuring 0.01 Ha (Exhibit17), at almost half the rate. It is
possible that this land abuts or in any case, was much closure to the
State Highway, as compared to the land in Exhibit17. In such
circumstances, I do not regard it as safe to rely upon this sale
instance, though the sale land is otherwise comparable to the
acquired lands at Deoghar.
45] The eighth sale instance (Exhibit19) is the registered sale
deed dated 6 September 1990. This relates to the land admeasuring
0.0149 Ha, bearing Survey No. 232, Nirgudghar. The escalated rate
reflected as on date of section 4 Notification comes to Rs.1,68,323/
per hectare. The vendor Kailas Baban Lirabare has been examined.
He has deposed that the lands are Jirayat; the villages Nirgudghar
and Deoghar share a common boundary; there are no industries
towards the west of Bhor; that half of the village of Deoghar has
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submerged under the dam waters; that the lands in Nangaon, Apti
and Nirgudghar have not submerged under the dam water. He has
denied the suggestion that the Neera River, throughout the year, had
sufficient water. He says that he does not know the precise distance
between Nirgudghar and Kari, but he states that the two villages are
separated by mountain and it takes about ½ hour to reach from Kari
to Deoghar. He has stated that he alienated his lands on account of
necessity for himself and his family. He has denied that the vendees
land was adjacent to the sale land and therefore, the vendees paid
higher value than prevailing market value.
46] In LAR No. 70 of 1997 relating to Dabkeghar lands, on behalf
of the State Government, Arun Kamble, SLAO came to be examined.
He has stated that in determining the rate of compensation he has
considered the sale instances from villages, Apti, Kari and Nangaon.
He has stated that the distance between the villages Dabkeghar and
Nangaon is 2 to 3 Kms., and the distance between Dabkeghar and
Kari is 4 to 5 Kms. He has stated that the lands at Dabkeghar are
inferior in quality as compared to lands at Nangaon and Kari. He has
stated that the lands of Dabkeghar village are in hilly area. In his
crossexamination, he has admitted that for 7 to 8 years prior to the
date of the award, sale transactions at Dabkeghar were banned,
since, the Dabkeghar lands were to be submerged under NDIP
waters. He has stated that it is for this reason, he could not get any
sale instances from Dabkeghar and has collected sale instances from
adjoining villages. He has admitted that for purposes of valuation,
three factors, i.e., distance, time and quality of land are to be taken
into consideration. However, he has denied that the sale instances of
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the villages Nangaon, Kari and Apti were comparable with
Dabkeghar lands because they were satisfying these conditions. He
has admitted that he has not read the sale deeds which were relied
by him as comparable instances. He has admitted that he did not
make enquiry with anybody about the sale deed. He has stated that
he adopted the sale statistics method and ready reckoner for purpose
of valuation, but not the income capitalization method (ICM).
47] In LAR No. 5 of 1998, relating to Salav lands, on behalf of the
State Government, Dilip Gavade, SLAO came to be examined. He has
stated that he estimated the market rate by applying three methods,
i.e., sale statistic methods, income capitalization method, Ready
Reckoner method. The highest rate determined by use of three
methods, i.e., sale statistics method, was however, accepted as a
market rate. He states that he considered the sale instances from
villages Apti, Kari and Nangaon after collecting the details from the
Talathis of the concerned villages. In his crossexamination, he stated
that he holds degree of M.Sc. (Agriculture) but has no degree in
valuation of lands field. He stated that he has not visited the villages
Apti, Kari and Nangaon, but whilst going to the village Salav, he has
seen the lands from those villages. He admitted that he has not
personally seen the lands which form the subject matter of the sale
instances taken into consideration by him to determine the market
rates. He states that he has taken into consideration the sale
instances from villages Nangaon, Apti and Kari because “ they were
inferior in quality like the lands acquired”. He has admitted that “ the
lands at villages Apti, Nandgoan and Kari are near about the same
quality as the lands in village Salav”. He has admitted that
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“ Dabkeghar village is adjacent to village Salav. The quality of lands at
village Dabkeghar and Salav are near about the same”. He stated that
the sale instances in the award made by him for Salav lands are the
sale instances used to determine rates in respect of acquired lands in
other villages for the purpose of NDIP. He has admitted that all the
acquired lands were either Jirayat lands or Paddy lands, i.e.,
cultivable lands. He has admitted that some of the lands at Salav
were adjacent to River Neera.
48] In LAR No. 5 of 1998 relating to Salav lands, Gautam Nana
Londhe, SubDivisional Engineer, MKVDC came to be examined. He
has admitted that there are two mountains in between the villages
Salav and Kari and there is no road from village Kari to go to village
Salav. He stated that the lands in village Kari are not comparable to
the lands in village Salav. He has also admitted that the village
Nirgudhgar is at a distance of 1.5 km from Salav, village Apti is at a
distance of 3.5 km form Salav and Nangaon is at a distance of 6 km
from Salav and Kari is at a distance of 6 to 8 km from Salav. He
stated that the geographical nature of village Nirgudghar is totally
different from village Salav and so also, the quality of lands in the
two villages. He stated that prior to NDIP, village Hirdoshi was the
market place for people from villages, Salav, Dabkeghar, Dhanwali,
Kankawali, MhasurKhurd, MhasurBudrukh etc.. However, after
village Hirdoshi was submerged in the waters of NDIP, people
purchased lands in village Nirgudghar which is situated on Mahad
Pandharpur highway. Therefore, village Nirgudghar cannot be
compared with village Salav. He stated that the award in LAR No. 70
of 1997 relating to Dabkeghar lands cannot be relied upon since
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MKVDC was not a party to the same. He relied upon certified copies
of 11 sale instances. Out of these, only 2 are from Ryari, 2 from
Nivangan and the rest are from Kari (4 sale instances) and Nangaon
(4 sale instances). He stated that the lands in Nivangan and Ryari
are similar in nature and quality to the acquired lands at Salav.
49] In his crossexamination, Nana Gautam Londhe has admitted
that he has neither a degree of M.Sc. (Agriculture) nor is he a
Geologist or Horticulturist. He has admitted that he was not the
Land Acquisition Officer and he had no role to play at the stage of
passing of the award. He has admitted that he has not visited the
village of Salav at the time when the awards were made by the
SLAO. He has stated that the award in LAR No.70 of 1997 is wrong
and in any case, the same cannot be relied upon to determine
compensation in respect of Salav or Dabkeghar lands. He has
admitted that Salav lands were not in hilly areas. He has admitted
that there was a road for going to village Nirgudghar from village
Salav via the bridge. He has stated that the old MahadPandharpur
Road adjacent to the acquired villages is submerged in the dam
waters. He has stated that the village Nivangaon is at a distance of 7
8 kms. from Salav. After he was confronted with a map (Exhibit35)
produced by him, he admitted that the distance between Nivangaon
and Salav is 17 Kms. He has however, clarified that this is the
position after the construction of the dam and earlier, the distance
was only 78 kms. He has admitted that he has not verified the
contents of sale deed dated 28 February 1994, in respect of lands at
Ryari. He has stated that he does not know whether this is a sale
transaction or mortgage. He has admitted that he has not verified
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whether all sale transactions are executed amongst the relatives. He
has admitted that the sale instance dated 27 May 1993 from
Nangaon indicates the rate of Rs.2,00,000/ per hectare. He has
stated that the villages Nangaon, Kari, Apti and Nirgudghar are not
in the benefited zone of the dam. He has admitted that Neera
Deoghar Dam is an earthern dam and the earth required for such
dam was taken from village Salav and other villages. He stated that
he cannot say whether lands having 1 and ½ meter depth are
considered fertile and productive. He has denied that the SLAO has
awarded meagre compensation and that the market value claimed
by the claimants is correct one.
50] Gautam Nana Londhe has also deposed in LAR No. 276 of
1997 relating to Deoghar lands. In his evidence, he stated that the
sale instances relied upon by the claimants are not comparable sale
instances. He stated that he has, along with the photographer
Gavhane, taken photographs of the lands which forms the subject
matter of the sale instances. In some of the lands, houses have been
constructed. Some of the lands abut the MahadPandharpur
Highway. He stated that village Kari is at a distance of almost 18
Kms from Deoghar. The sale instance from Kari is also in respect of
land used for construction purposes. He has referred to the award in
case of Salav lands to submit that the rate determined by the
reference court in respect of Salav lands is Rs.1,00,000/ to
Rs.1,14,000/. He stated that Deoghar village is on the mountain top
and therefore, as compared to village Salav, has hardly any
amenities. He has stated that even the award in respect of Salav
lands has been challenged by the MKVDC. He has produced on
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record maps prepared by revenue authorities to indicate the location
of the various villages like Dabkeghar, Salav, Deoghar , Nirgudghar,
Nangaon, Apti, Kari, Ryari, Nivangan etc.
51] Londhe, in his crossexamination, has admitted that he was
posted as a SubDivisional Engineer with the MKVDC, since 15 July
2003. He states that he had inspected the lands which have since
submerged in the dam waters in the year 2004 and 2005. He admits
that he has not read completely the awards made by the SLAO. He
states that the SLAO should not have relied upon sale instances from
Nangaon, Apti and Kari. He admits that the photographs of the lands
which form the subject matter of sale instances were taken by him
in the year 20062007, which is, for the first time he has inspected
the lands. He further admits that there is nothing to prove that the
photographs taken by him relate to the lands which form the subject
matter of the sale instances. He says that he has no evidence
regards the year in which the houses may have been constructed in
the lands which form the subject matter of the sale instances. He
states that he has not read anywhere that sale instance in respect of
cremation ground or lands adjacent to cremation ground cannot be
taken as comparable instances. He admits that he has no
qualification or degree in matters of valuation of lands. He has
stated that the old MahadPandharpur Road stands submerged under
dam waters.
52] In LAR No.276 of 1997 relating to Deoghar lands, Subhash
Gavahane, the photographer, who has deposed on behalf of the
MKVDC, has stated that he has taken certain photographs of the sites
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indicated to him by Gautam Londhe. Such photographs were taken
on 12 September 2007. He has stated that the photographs relate to
sites in the villages Kari, Nirgudghar, and Nangaon. In his cross
examination, he has stated that he has no personal knowledge about
the villages in Bhor Taluka. He has admitted that on the date when
he took the photographs, Londhe and two Junior Engineers were
present. However, Talathi was not present. He has stated that the
photographs were taken in the year 2007 and he has no personal
knowledge about the sites.
CONSIDERATION OF SUBMISSIONS, PRINCIPLES FOR
DETERMINATION OF COMPENSATION & APPRECIATION OF
EVIDENCE:
General principles for determination of compensation.
53] In a reference under section 18 of the said Act , the reference
court does not sit in appeal over the award made by the SLAO. The
reference court cannot take into account the material relied upon by
the SLAO in his award, unless, such material is produced and proved
before the court. The award is merely an offer made by the SLAO on
behalf of the State Government. It is not the function of the
reference court to sit in appeal against such award or to approve or
disapprove its reasoning or to correct its error or affirm, modify, or
reverse the conclusion reached by the SLAO , as if it were an
appellate court. The reference court has to treat the reference as an
original proceeding before it and to determine the market value
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afresh on the basis of material produced before it. [ See Chimanlal
Hargovinddas (supra) ]
54] Section 23 of the said Act inter alia provides that in
determining the amount of compensation to be awarded for the land
acquired under the said Act, the Court shall take into consideration
the market value of the land at the date of publication of section 4
Notification, the circumstance that the person interested is
compelled to change his residence or place of business in
consequence of acquisition (reasonable expenses incidental to such
change), amongst other matters. Section 24 of the said Act, however,
provides that the court, in determining the amount of compensation
should however, not take into consideration aspects like
disinclination of the person interested to part with the land acquired,
any increase in the value of the land accrued likely to accrue from
the use to which it will be put when acquired, any increase to the
value of the other land of the person interested likely to accrue from
the use to which the land acquired, will be put, amongst other
matters.
55] In such matters, there is a duty upon the State or the acquiring
body to pay compensation at the market rate in respect of the
acquired land. The award made by the SLAO, is in the nature of an
offer. If a party is dissatisfied with such offer, it can apply for
reference to the court, which will then determine the market rate in
respect of the acquired land. The onus is upon such party to show
that the rate offered in the award is inadequate on the basis of
materials produced before the reference court. Of course, the
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materials placed and proved by other parties can also be taken into
account for this purpose. Once the party produces sufficient material
to establish that the rate offered in the award of the SLAO is
inadequate, the onus, to a certain extent, shifts upon the State and
the acquiring body. The determination of the rate has to be made
with reference to the date of section 4 Notification as if the valuer is
a hypothetical purchaser willing to purchase the land from open
market and he is prepared to pay a reasonable price as on the said
date. It has also to be assumed that the vendor is willing to sell the
land at a reasonable price. [See Chimanlal Hargovinddas (supra)].
56] In these cases, the SLAOs as well as the reference courts have
mainly applied the comparative sales method for determining the
market rate of the acquired lands. This is one of the well accepted
methods for determination of the market rate of the acquired lands.
In this method, however, only genuine sale instances have to be
taken into account. Further, the court has to corelate market value
reflected in the most comparable instance, which then provides the
index of market value. In some cases, even post notification
instances can be taken into account, provided that they are very
proximate, genuine and the acquisition itself has not triggered any
escalation in the sale price. The most important comparable
instances, from out of the genuine instances have to be identified on
considerations of proximity of time angle and the situation angle.
After such identification, the prices reflected therein may be taken as
the norm and the market value of the acquired land may be deduced
by making suitable adjustments for the plus and minus factors visa
vis the acquired lands by placing the two in juxtaposition. A balance
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sheet of plus and minus factor is required to be drawn for this
purpose and the relevant factors are required to be evaluated in
terms of price variation as a prudent purchaser might be guided to
do. The market value of the acquired land is then required to be
determined by loading the price reflected in the exemplars as norm
for plus factors and unloading it for minus factors. This entire
exercise has to be undertaken in a common sense manner as a
prudent man of the world of business would do. [See Chimanlal
Hargovinddas (supra)].
57] The factors like smallness of size of the plot, proximity to
road, road frontage, nearness to developed area, regular shape,
levelled land , quality of land, nature of crops cultivated in the land,
water supply are some of the plus factors in such matters.
Conversely, largeness of area, situation in the interior at a distance
from the road, narrow strip with hardly any road frontage, hilly
terrain, remoteness from developed locality, lack of access etc. are
some of minus factors in such matters. The evaluation of these
factors depends upon the fact situation in each case. There cannot be
any straitjacket formula in this regard and common sense is the best
and the most reliable guide. Some element of guess work is
inevitable.
Guesstimate:
58] In Trishala Jain Vs. State of Uttaranchal – 2011 (6) SCC
47, the Hon'ble Supreme Court has accepted that recourse to some
guess work while determining the fair market value of the land and
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consequential amount of compensation that is required to be paid to
the persons interested in the acquired land, is inevitable. In
paragraphs 27 and 28, the Hon'ble Supreme Court, after adverting
to its earlier decision in Charandas vs. Himachal Pradesh Housing
and Urban Development Authority – (2010) 13 SCC 398, has made
the following relevant observations in the context of 'Guesstimates'
in such maters:
“57. “Guess” as understood in its common parlance is an
estimate without any specific information while “calculations”
are always made with reference to specific data. “Guesstimate” is
an estimate based on a mixture of guesswork and calculations
and it is a process in itself. At the same time “guess” cannot be
treated synonymous to “conjecture”. “Guess” by itself may be a
statement or result based on unknown factors while “conjecture”
is made with a very slight amount of knowledge, which is just
sufficient to incline the scale of probability. “Guesstimate” is with
higher certainty than mere “guess” or a “conjecture” per se.
58. The concept of “guesswork” is not unknown to various
fields of law. It has been applied in cases relating to insurance,
taxation, compensation under the Motor Vehicles Act as well as
under the Labour Laws. All that is required from a court is that
such guesswork has to be used with greater element of caution
and within the determinants of law declared by the legislature or
by the Courts from time to time.
59. In Charan Dass (supra), this Court on the use of
guesswork for determining compensation, has held as under:
(SCC pp. 40405, paras 1922)
“19. Section 15 of the Act mandates that in determining
the amount of compensation, the Collector shall be guided
by the provisions contained in Sections 23 and 24 of the
Act. Section 23 provides that in determining the amount
of compensation to be awarded for the land acquired
under the Act, the Court shall, inter alia, take into
consideration the market value of the land at the date of
the publication of the notification under Section 4 of the
Act. The section contains a list of positive factors and
Section 24 has a list of negatives visàvis the land under
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acquisition to be taken into consideration while
determining the amount of compensation.
20. As already noted, the first step being the
determination of the market value of the land on the date
of publication of notification under subsection (1) of
Section 4 of the Act, one of the principles for
determination of the market value of the acquired land
would be the price that a willing purchaser would be
willing to pay if it is sold in the open market at the time of
issue of notification under Section 4 of the Act. But finding
direct evidence in this behalf is not an easy task and,
therefore, the Court has to take recourse to other known
methods for arriving at the market value of the land
acquired.
21. One of the preferred and wellaccepted methods
adopted for ascertaining the market value of the land in
acquisition cases is the sale transactions on or about the
date of issue of notification under Section 4 of the Act. But
here again finding a transaction of sale on or a few days
before the said notification is not an easy exercise. In the
absence of such evidence contemporaneous transactions in
respect of the lands which have similar advantages and
disadvantages are considered as a good piece of evidence
for determining the market value of the acquired land.
22. It needs little emphasis that the contemporaneous
transactions or the comparable sales have to be in respect
of lands which are contiguous to the acquired land and
are similar in nature and potentiality. Again, in the
absence of sale deeds, the judgments and awards passed in
respect of acquisition of lands, made in the same village
and/or neighbouring villages can be accepted as valid
piece of evidence and provide a sound basis to work out
the market value of the land after suitable adjustments
with regard to positive and negative factors enumerated in
Sections 23 and 24 of the Act. Undoubtedly, an element of
some guesswork is involved in the entire exercise, yet the
authority charged with the duty to award compensation is
bound to make an estimate judged by an objective
standard.”
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Certified copies of sale deeds – Admissibility ?
59] In the appeals relating to Dabkeghar and Salav lands, learned
AGPs, relying upon the decision in Kummari Veeraiah (supra) , have
objected to the consideration of certified copies of the sale deeds on
the ground that vendors, vendees or attesting witnesses were not
examined before the reference courts. This is rather technical
objection on the part of the State Government. In any case, the
objection lacks merit.
60] Although, in Kummari Veeraiah (supra) , the Division Bench
of the Hon'ble Supreme Court had taken the view that unless the
vendor or the vendee of the sale deeds were examined to testify not
only the consideration paid but also the specific knowledge and
circumstances in which the sale deeds came to be executed, the sale
deeds cannot be relied upon to determine the market value of the
acquired lands, this view was overruled in Cement Corporation of
India Ltd. Vs. Purya and ors. (2004) 8 SCC 270 by reference to
the provisions contained in section 51A of the said Act. The Bench,
comprising of Five Judges was specially constituted to consider the
conflicting views in Land Acquisition Officer & Mandal Revenue
Officer v. V. Narasaiah – (2001) 3 SCC 530, on one hand and
certain other decisions, including in particular, the decision in
Kummari Veeraiah (supra) on the other . The Larger Bench,
specifically approved the view in Narasaiah (supra), and overruled
the view taken in Kummari Veeraiah (supra).
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61] In terms of section 51A of the said Act as interpreted in Purya
(supra) certified copies of sale deeds can be admitted in evidence for
the purposes of determination of market value in land acquisition
references even without examination of either vendor or vendee.
This, however, would not mean that the contents of the transaction
as evidenced by the registered sale deeds would automatically be
accepted. The legislature has advisedly used the expression “ may”
in section 51A of the said Act. A discretion has been conferred
upon the court in this regard, which is to be exercised judicially, that
is upon taking into consideration all relevant facts. The provisions of
section 51A of the said Act are enabling in nature. The certified
copies of sale deeds, which may be admitted in evidence in terms of
section 51A of the said Act, do not give rise to any mandatory or
conclusive presumption. Only because a document is admissible in
evidence, it would not mean that the contents thereof stand proved.
When materials are brought on record by the parties to the lis, the
court is entitled to appreciate the evidence brought on record for
determining the issues raised before it and in the said process, may
accept one piece of evidence and reject the other.
62] Further, as noted earlier, in case of references relating to
Deoghar lands, the vendors or vendees in respect of these very sale
instances have actually been examined. This is accordingly, an
additional reason to reject the contentions of Mr. Dabke and
Mr.Palkar, the AGPs in the context of admissibility of the certified
copies of the registered sale deeds.
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63] This means that there can be no objection per se to the
admission of certified copies of sale deeds in evidence in terms of
section 51 A of the said Act. The issue of appreciation of the
evidentiary value of such sale deeds, is however, a different matter.
That will depend upon several factors including genuineness of the
transaction reflected in the deeds, proximity of the land from the
situation angle or time angle, quality of lands in juxtaposition to the
acquired land, special or distinguish features which warrant addition
or deduction from the value norm and other factors.
Principle of averages adopted by reference courtsWhether
correct?
64] Both, the AGPs for the State Government and Mr. Potnis for
the claimants have objected to the principle of averages resorted to
by the reference courts to determine rates of compensation. The
AGPs contend that sale instances which reflected abnormally high
rates, since they related to developed plots or plots abutting the
State Highway have unduly hiked the rate upon adoption of
principle of averages . On the other hand, Mr. Potnis contends that
since this is a case of compulsory acquisition, the comparable sale
instance which reflected the highest rate should have been taken
into consideration, rather than adopt the principle of averages.
There is merit in both the contentions.
65] The reference court, particularly, in its award in LAR No. 70 of
1997 (Dabkeghar lands) has listed the sale instances from villages
like Nirgudghar, Nangaon, Apti and Kari and thereafter, determined
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average rate. This is not proper. The reference court was required to
apply its mind to the individual sale instances with a view to
determine which of the exemplars are most relevant from the
perspectives of distance, time and quality of land. Upon
determination of the relevant sale instances, perhaps, some resort
could be had to the principle of averages, if, the rates reflected in the
relevant exemplars where more or less in the same or similar range,
but not otherwise. Besides, this being a case of compulsory
acquisition, as between comparable sale instances, normally, the
highest exemplar, which is a bonafide transaction should be
considered to determine the the rate of compensation.
66] In the aforesaid context, the Hon'ble Supreme Court in State
of Punjab v. Hans Raj – (1994) 5 SCC 734 , has made the following
observations : (SCC p. 736, para 4)
“Having given our anxious consideration to the respective
contentions, we are of the considered view that the learned Single
Judge of the High Court committed a grave error in working out
average price paid under the sale transactions to determine the
market value of the acquired land on that basis. As the method
of averaging the prices fetched by sales of different lands of
different kinds at different times, for fixing the market
value of the acquired land, if followed, could bring about a
figure of price which may not at all be regarded as the price
to be fetched by sale of acquired land. One should not have,
ordinarily recourse to such method. It is well settled that
genuine and bona fide sale transactions in respect of the
land under acquisition or in its absence the bona fide sale
transactions proximate to the point of acquisition of the
lands situated in the neighbourhood of the acquired lands
possessing similar value or utility taken place between a
willing vendee and the willing vendor which could be
expected to reflect the true value, as agreed between
reasonable prudent persons acting in the normal market
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conditions are the real basis to determine the market
value.”
(emphasis supplied)
67] In Sri Rani M. Vijayalakshmanna Rao Bahadur, Ranee of
Vuyur v. The Collector of Madra – 1969 (1) MLJ 45, the Hon'ble
Supreme Court has observed that the proper method for evaluation
of market value is by taking the highest of the exemplars and not by
averaging of different types of sale transactions. The relevant
observations read as follows :
“It seems to us that there is substance in the first contention of
Mr Ram Reddy. After all when the land is being compulsorily
taken away from a person, he is entitled to say that he should be
given the highest value which similar land in the locality is
shown to have fetched in a bona fide transaction entered into
between a willing purchaser and a willing seller near about the
time of the acquisition. It is not disputed that the transaction
represented by Ext. R19 was a few months prior to the
notification under Section 4 that it was a bona fide transaction
and that it was entered into between a willing purchaser and a
willing seller. The land comprised in the sale deed is 11 grounds
and was sold at Rs. 1961 per ground. The land covered by Ext.
R27 was also sold before the notification but after the land
comprised in Ext. R19 was sold. It is true that this land was sold
at Rs. 1096 per ground. This, however, is apparently because of
two circumstances. One is that betterment levy at Rs. 500 per
ground had to be paid by the vendee and the other that the land
comprised in it is very much more extensive, that is about 93
grounds or so. Whatever that may be, it seems to us to be
only fair that where sale deeds pertaining to different
transactions are relied on behalf of the Government, that
representing the highest value should be preferred to the
rest unless there are strong circumstances justifying a
different course. In any case we see no reason why an
average of two sale deeds should have been taken in this
case. ”
(emphasis supplied)
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68] In Anjani Desai (supra) , the Hon'ble Supreme Court has
explained the legal position in the following terms :
“13. The legal position is that even where there are several
exemplars with reference to similar lands, usually the
highest of the exemplars, which is a bona fide transaction,
will be considered. Where however there are several sales of
similar lands whose prices range in a narrow bandwidth,
the average thereof can be taken, as representing the
market price. But where the values disclosed in respect of
two sales are markedly different, it can only lead to an
inference that they are with reference to dissimilar lands or
that the lower value sale is on account of undervaluation
or other price depressing reasons. Consequently, averaging
cannot be resorted to. We may refer to two decisions of this
Court in this behalf.”
(emphasis supplied)
Sale instances in respect of small plots – Whether admissible ?:
69] Mr. Dabke, Mr. Palkar and Mr. Shinde contend that the sale
instances taken into consideration by the reference courts were in
respect of small plots and therefore, they could never have been
taken as comparable instances. In any case, they submit that
appropriate deductions towards development, provision of amenities
etc. have not been made by the reference courts. They also point out
that large tracts of land generally, have no ready purchasers as
compared to small plots of land. Therefore, balance sheet of plus
and minus factors was required to be undertaken by the reference
courts before the sale instances could be relied upon or the rate
determined on their basis.
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70] The legal position in this regard is fairly well settled. If sale
instances comparable to the area of the acquired lands are available,
then obviously, the same will have to be regarded as the comparable
instances or the exemplars . For this purpose, it will not be fair to
consider the entire acquired land as some single unit. Rather, an
assessment will have to be made of the individual land holdings
being acquired. For example, as per the award of the SLAO dated 28
February 1996 in case of Dabkeghar lands the total area of the
acquired lands is approximately 92 hectares. It will be well nigh
impossible to have sale instances in respect of such a large area.
However, the areas of the individual land holdings which have been
acquired, only in very few cases exceed 1 (one) Ha. The area of most
of the acquired individual land holdings varies between 0.01 Ha and
1 Ha. In fact from out of 306 persons, whose lands came to be
acquired on account of submergence of Dabkeghar village, hardly 17
persons had held lands in excess of 1 hectare, which corresponds to
less than even 5%. Similar position emerges from the awards of
SLAO in respect of Salav or Deoghar lands are concerned. Therefore,
if individual acquired holding are taken into consideration, then, the
sale instances relied upon by the reference courts could certainly be
regarded as comparable instances. Therefore, this is not a case
where the comparable instances are in respect of small plots and the
individual acquired holding are properties having large areas.
71] Secondly, this aspect of comparison to sale instances of small
plots is mostly relevant when it comes to comparison between small
developed plots and large tracts of undeveloped lands. In such a
situation, considerable expenditure is required to be incurred for
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purposes of development. Substantial areas have to be set aside
towards open spaces, set backs, amenities etc.. This is particularly
relevant when acquisition is for setting up residential, commercial or
industrial projects. In the present case, admittedly, the acquisition
was because the villages Dabkeghar, Salav and Deoghar were to be
submerged in the NDIP dam waters. This is admittedly, not a case
where the State Government or the MKVDC was required to expend
any considerable amount for development of the acquired lands or
for the purposes of setting up any residential or commercial projects
upon the acquired lands. In this regard, it is pertinent to note that
the deposition of Gautam Londhe, SubDivisional Engineer, MKVDC
in LAR No. 5 of 1998 (Salav lands) where he has stated that the
Neera Deoghar dam is an earthern dam and the earth required for
such dam was taken from Salav and other villages, which could
obviously include at least Dabkeghar.
72] In Trishala Jain (supra), the Hon'ble Supreme Court has held
that deductions, if any, are to be made once the market rate in the
locality is determined by reference to comparable sale instances or
once the exemplars are identified. The extent of deductions, if any,
varies widely depending upon facts and circumstances of a given
case. Normal rule is that deduction is to be applied on account of
carrying out development activities like road or civic amenities etc.,
particularly when land has been acquired for construction of
residential, commercial or institutional project. It shall also be
applied where sale instances (exemplars) relate to smaller pieces of
land and in comparison, the acquisition relate to a large tract of
land.
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73] In Land Acquisition Officer, Kammarapally Village vs.
Nookala Rajamalu (2003) 12 SCC 334, the Hon'ble Supreme
Court has held that it is advisable to apply some deduction on
account of exemplars of plots of smaller size relied upon by way of
evidence by the parties. This is the normal rule, but not free of
exceptions. At paragraphs 40 and 41, the Hon'ble Supreme Court has
observed thus:
“40. This Court in Land Acquisition Officer v. Nookala
Rajamallu – (2003) 12 SCC 334 had also observed that it is
advisable to apply some deduction on account of exemplars of
plots of smaller size relied upon by way of evidence by the
parties. This is the normal rule stated by the court but it is not
free of exceptions. Similarly, it is neither possible nor
appropriate to stricto sensu define a class of cases where the
court would not apply any deduction. This again would be
dependent upon the facts and circumstances of a given case.
41. The cases where the acquired land itself is fully developed
and has all essential amenities before acquisition, for the
purpose for which it is acquired requiring no additional
expenditure for its development, falls under the purview of cases
of “no deduction”. Furthermore, where the evidence led by the
parties is of such instances where the compensation paid is
comparable i.e. exemplar lands have all the features comparable
to the proposed acquired land, including that of size, is another
category of cases where principle of “no deduction” may be
applied. These may be the cases where least or no deduction
could be made. Such cases are exceptional and/or rare as
normally the lands which are proposed to be acquired for
development purposes would be agricultural lands and/or semi
or haphazardly developed lands at the time of issuance of
notification under Section 4(1) of the Act, which is the relevant
time to be taken into consideration for all purposes and intents
for determining the market value of the land in question”.
74] In Viluben Jhalejar Contractor vs. State of Gujarat 2005 (4)
SCC 789, the Hon'ble Supreme Court was considering the
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compensation to be awarded for acquisition of lands in Santrampur
which would have come under submergence of water released from
Kadana Jalagar Yojna (Kadana dam). The Land Acquisition Officer
has determined compensation at rates ranging between Rs.35/ to
Rs.60/ per square meter. The reference court, after the matter was
once remanded to it, relying upon a sale instance in respect of a plot
admeasuring only 46.30 sq. meter at Godhra Bhagal, determined the
market rate at Rs.200/ per square meter. However, the reference
court, made deductions to the extent of 53% towards developmental
charges and on basis thereof, determined the market rate for the
acquired lands at Rs.140/ per sq.meter. The High Court, in appeal,
held that since the acquired lands were to be submerged, deduction
was not justified and on this basis, determined the rate at Rs.180/
per sq.meter in respect of acquired plots having large area and Rs.
200/ per sq. meter for acquired plots having small area. In the
appeals instituted by the State of Gujarat as well as the claimants,
the Hon'ble Supreme Court approved the reasoning of the High
Court and determined the rate at Rs.160/ and Rs.175/ per
sq.meter. The relevant observations in paragraphs 20 to 23 and 32
read thus:
“20. The amount of compensation cannot be ascertained with
mathematical accuracy. A comparable instance has to be
identified having regard to the proximity from time angle as well
as proximity from situation angle. For determining the market
value of the land under acquisition, suitable adjustment has to
be made having regard to various positive and negative factors
visàvis the land under acquisition by placing the two in
juxtaposition. The positive and negative factors are as under:
Positive factors Negative factors
(i) smallness of size (i) largeness of area
(ii) proximity to a road (ii) situation in the interior at
a distance from the road
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(iii) frontage on a road (iii) narrow strip of land with
very small frontage compared
to depth
(iv) nearness to developed (iv) lower level requiring the
area depressed portion to be filled
up
(v) regular shape (v) remoteness from
developed locality
(vi) level visàvis land (vi) some special
under acquisition disadvantageous factors
which would deter a
purchaser
(vii) special value for an
owner of an adjoining property
to whom it may have some
very special advantage
21. Whereas a smaller plot may be within the reach of many,
a large block of land will have to be developed preparing a
layout plan, carving out roads, leaving open spaces, plotting out
smaller plots, waiting for purchasers and the hazards of an
entrepreneur. Such development charges may range between
20% and 50% of the total price.
22. Certain peculiar features of this case may, at this juncture,
be noticed. Due to construction of Kadana Dam and due to water
logging causing submergence, the development of Pratappura
even according to the claimants had practically stopped.
Development shifted to the area known as Godhra Bhagal. The
finding of the Reference Court to the effect that the acquired
lands had potentiality for more development is, thus, not correct.
23. A river known as Suki intervened between Santrampur
town and Godhra Bhagal. In a case of this nature, it is difficult
to evolve a principle which would apply to all situations. Some
amount of rational guesswork, in our opinion, is inevitable.
…...
…..
32. We have noticed hereinbefore that the purpose for which
the land is acquired must also be taken into consideration. In the
instant case, the lands were acquired because they were to be
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submerged underwater. The land would not have any potential
value. The development of area where the land was situated had
stopped. On the other hand, the development began on the other
side of River Suki. The parties were aware of the consequences of
the project undertaken by the Government of Gujarat. The sale
instances, for comparison, having regard to the nature and area
of the land carves out a distinction, inasmuch as the area sold
under Ext. 145 is 46.30 square metres while two plots under
acquisition measured 18,528 square metres and 10,993 square
metres respectively. We, therefore, are of the opinion, having
regard to the entire facts and circumstances of this case that
interest of justice would be subserved if compensation is
determined at the rate of Rs 160 per square metre for the large
plots and Rs 175 per square metre for the small plots.”
75] Therefore, it is not possible to accept the contentions that the
sale instances relied upon by the reference courts ought to have been
rejected on account of the smallness of the size of the exemplars and
the largeness of the acquired areas. No doubt, some deductions are
certainly warranted on account of this factor. The deductions will
have to be made keeping in mind that the area of acquired
individual land holdings is quite similar to the area of the exemplars.
Besides, the material on record establishes that there was no
appreciable difference between the land quality of the exemplars
and the acquired lands. This is also not a case of acquisition for
construction of any residential, commercial or institutional project as
noted in Trishala Jain (supra), where, deduction is to be applied on
account of carrying out development activities like road, civic
amenities etc.. Rather, this is a case of acquisition because the
acquired lands were to be submerged in the dam waters, as was the
case in Viluben Jhalejar Contractor (supra) . Gautam Londhe, Sub
Divisional Officer, MKVDC has in fact admitted that the earth from
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village Salav was utilised for the construction of Neera Deoghar
dam, which is a earthern dam.
MahadPandharpur State Highway – Whether proper impact
considered ?
76] Mr. Dabke and Mr. Palkar for the State Government, contend
that the MahadPandharpur StateHighway which passes through
Nirgudghar, Nangaon and Apti is a very significant and
distinguishing feature . They submit that for this very reason the sale
instances from these three villages cannot be regarded as
comparable instances to lands in Dabkeghar and Salav. The State
Government has not instituted any appeal to question the awards in
Deoghar lands where the reference courts, relying upon sale
instances from Nirgudghar and Nangaon have determined
compensation at the rate of Rs.2,25,000/ per hectare. Mr. Dabke
and Mr. Palkar, however, submit that Dabkeghar and Salav are
located to the south of River Neera and at a substantial distance
from the State Highway. Therefore, there can be no comparison
between the sale instances in Nirgudhgar and Nangaon, which are to
the north of River Neera and through which, the State Highway
actually passes.
77] There is no appreciable difference between the acquired lands
in Deoghar and Nirgudghar or Nangaon. Deoghar is also to the north
of River Neera and shares a common boundary with Nirgudghar and
Nangaon. The State Highway is at a distance of less than ½ km from
Deoghar. There is evidence on record that the old Mahad
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Pandharpur Road stands submerged under the dam waters. This
means that this road was available at or near Deoghar. Therefore,
there can be no difficulty in accepting the sale instances from
Nirgudghar or Nangaon in order to determine the rate of
compensation in respect of Deoghar lands, though, some deductions
will be due on account of distance from the State Highway.
78] Dilip Gavade, SLAO, who has deposed in LAR No. 5 of 1998
(Salav lands) has categorically stated that he placed reliance upon
sale instances from Nirgudghar, Nangaon, Apti and Kari because
“they were inferior in quality like the lands acquired”. He has admitted
that “ the lands at villages Apti, Nandgoan and Kari are near about the
same quality as the lands in village Salav”. He has admitted that
“ Dabkeghar village is adjacent to village Salav. The quality of lands at
village Dabkeghar and Salav are near about the same”.
79] There is evidence on record that for most of the year, except
during some months of the rainy season, there was hardly any water
in the River Neera. Admittedly, there was a small bridge connecting
Nirgudhgar with Salav. The distance between Dabkeghar or Salav on
one hand and Nirgudghar or Nangaon was hardly 1 to 1 & ½ Kms.
In fact, Dabkeghar shares a boundary with Deoghar and Salav shares
a boundary with Nirgudghar, except that the River Neera used to
flow in between. Just like Deoghar and Nirgudghar, even Dabkeghar
and at least some lands from Salav were on the banks of River
Neera. The terrain in these villages was substantially similar. The
crops cultivated in these villages were substantially similar. Though
there is evidence that there were no hospitals or bazaars in
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Dabkeghar and Salav , there is no evidence that such amenities were
available in Nirgudghar or Nangaon as well. Therefore, it cannot be
said that the sale instances were not at all comparable instances.
However, suitable deductions are undoubtedly warranted because
the State Highway was certainly a plus factor in respect of the
exemplars or the absence of a State Highway or the distance from
the State Highway was obviously a minus factor, insofar as the
acquired lands at Dabkeghar and Salav were concerned.
80] In Bhule Ram vs. Union of India and anr. (2014) 11 SCC
307, the Hon'ble Supreme Court has held that the market value of
the land should be determined taking into consideration the existing
geographical situation of the land, existing use of the land, already
available advantages, like proximity to National or State Highway or
road and/or notionally or intentionally renowned tourist destination
or developed area and market value of other land situated in the
same locality or adjacent or very near to acquired land and also to
size of such a land. There may be a case where huge tract of land is
acquired which runs though continuous, but to the whole revenue
estate of a village or to various revenue villages or even in two or
more states. Someone's land may be adjacent to the main road,
others' land may be far away, there may be persons having land
abutting the main road but the frontage may be varied. Therefore,
the market value of the lands is to be determined taking into
consideration the geographical situation and in such cases belting
system may be applied. In such a fact situation every claimant
cannot claim the same rate of compensation.
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81] In Revenue DivisionalCum Officer LAO vs. Shaikh Ajam
Saheb – 2009 (4) SCC 395, the Hon'ble Supreme Court was
concerned with determination of the market value of the acquired
land which was situated about 4 kms away from the Kurnool Town
abutting National Highway No.18. Upon comparing the sale
instances, the rate of compensation was determined. A deduction of
extra 10% was given for lands which were away from the highway.
Whether sale instances from Nirgudghar, Nangaon and Kari are
comparable sale instances ?
82] The SLAO as well as the reference courts have mainly referred
to or relied upon the sale instances from Nirgudghar, Nangaon, Apti
and Kari in order to determine the rates of compensation for the
acquired lands in Dabkeghar, Salav and Deoghar. There is ample
evidence on record explaining the location of all these villages,
topography and the quality of lands therein and distinguishing
features which either add to or detract from the value of the rates
reflected in the exemplars.
83] The evidence on record establishes that all the aforesaid
villages are to the east of Bhor (town). The eastern region is much
less developed as compared to the region to the west of Bhor, which
has some industries. The acquisition in the villages of Dabkeghar,
Salav and Deoghar was for the NDIP, which involved construction of
a dam on the River Neera and the consequent submergence of lands
in these villages under the dam waters. Upon construction of the
dam, the acquired lands in the three villages of Dabkeghar, Salav
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and Deoghar have indeed submerged. The sale instances mainly
relate to the lands in villages Nirgudghar, Nangaon and Apti , which
are located on the other side of the dam.
84] There is ample evidence, both oral as well as documentary,
which establishes that the locations of the exemplars in the villages
Nirgudghar, Nangaon and Apti in juxtaposition to the acquired lands
in the villages Dabkeghar, Salav and Deoghar. Even the revenue
maps tendered in evidence by Gautam Londhe for MKVDC greatly
assist in the appreciation of such locations. Several witnesses have
not only deposed to the locations but also to the distances between
villages, the quality of lands, geographical features, presence or
absence of amenities and other relevant matters.
85] The villages of Dabkeghar and Salav lie on the southern bank
of River Neera. The villages of Deoghar, Nirgudghar, Nangaon and
Apti are on the northern bank of River Neera. From the maps
produced on record, if, four villages,i.e., Dabkeghar, Salav, Deoghar
and Nirgudghar are notionally placed in a four square frame , then,
the two northern squares will represent Deoghar and Nirgudghar.
The two southern squares will represent Dabkeghar and Salav. The
villages Deoghar and Nirgudghar share common eastwest boundary.
Similarly, the villages Dabkeghar at Salav also share a common east
west boundary. To the north of village Dabkeghar, is the village
Deoghar, with only the River Neera in between. Similarly, to the
north of village Salav, is the village Nirgudghar, again, with only the
River Neera in between. There is evidence on record that for most
parts of the year , except during some months when it rains, there
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was hardly any water in the River Neera. There is evidence on
record of the existence of a small bridge linking the villages
Nirgudghar and Salav. There is evidence on record that there was no
appreciable difference in the land quality in the four villages, as also,
the villages of Nangaon and Apti. In fact, Dilip Gavade, SLAO, has
stated that he took into consideration sale instances from Nangaon,
Apti and Kari because because “they were inferior in quality like the
lands acquired”. He has admitted that “ the lands at villages Apti,
Nandgoan and Kari are near about the same quality as the lands in
village Salav”. He has admitted that “ Dabkeghar village is adjacent to
village Salav. The quality of lands at village Dabkeghar and Salav are
near about the same”. The distance between the villages Deoghar and
Nangaon is ½ km. The distance between Deoghar and Nangaon and
Apti is also about the same. The distance between Dabkeghar and
Nirgudghar is about 1 to 1 & ½ km. The distance between the
Dabkeghar and Salav is also between ½ to 1 km. This means that all
these villages are within a radius of 1 to 2 kms. This is obviously the
reason why even the SLAO referred to sale instances from these
villages, amongst some others.
86] The State Government in its appeals however submits that the
sale instances from Kari are most appropriate to determining the
rate of compensation at least insofar as Salav and Dabkeghar lands
are concerned. The MKVDC, to say the least, has been totally
inconsistent in its stance. When it comes to Salav and Dabkeghar
lands, the MKVDC urges that the lands in Nirgudghar, Nangaon and
Apti being far superior and having the benefit of MahadPandharpur
State Highway, cannot be regarded as comparable instances.
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However, when it comes to Deoghar lands, which have substantially
similar amenities to lands in Nirgudghar, Nangaon and Apti, the
MKVDC takes the stance that Salav and Dabkeghar lands are
superior to Deoghar lands. The MKVDC urges that sale instances
from Kari, Ryari, MhasurBudrukh and MhasurKhurd afford
comparable instances, in order to determine the rate of
compensation for the acquired lands.
87] The SLAO and for that matter even the reference court has
referred to some sale instances from Kari. In fact, the impugned
award in LAR No. 5 of 1998 relating to Salav lands, is mostly based
upon the sale instances from Kari. This is the reason why the rate of
compensation for Salav lands , which are adjacent to Dabkeghar
lands has been determined at Rs.1,00,000/ to Rs.1,14,000/ per
hectare, even though, the rate in LAR No. 70 of 1997 relating to
Dabkeghar lands is Rs.2,55,000/ per hectare. The rate determined
by the reference court in LAR No. 70 of 1997 relating to Dabkeghar
lands is on the higher side and is required to be suitably scaled
down. However, from the material on record, it is quite clear that
there is no appreciable difference between the Dabkeghar lands and
the Salav lands so as to warrant such a substantial difference. In
fact, Dilip Gavade, SLAO, who deposed in reference number LAR No.
5 of 1998 relating to Salav lands has categorically stated “ Dabkeghar
village is adjacent to village Slav. The quality of lands at village
Dabkeghar and Slav are near about the same”. Similarly, from the
material on record, it does appear that the sale instances in Kari,
Ryari , Mhasur Budruk and Mhasur Khurd cannot be regarded as
comparable sale instances when it comes to determination of market
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rate for the acquired land in the villages of Dabkeghar, Salav and
Deoghar.
88] The claimants have deposed that Kari is to the east of Salav.
However, the distance between Salav and Kari is about 68 kms and
in between, there are at least two mountains. They have deposed
that there is no direct road linking to the villages of Salav and Kari.
Even, Gautam Londhe, for MKVDC has admitted that the distance
between Salav and Kari is 68 Kms. The Salav village is on the
southern bank of River Neera whereas, Kari is at a substantial
distance from the River bank and the terrain at Kari is hilly. Londhe
has also admitted that the distance between Deoghar and Kari is
almost 18 kms. Kari is much in the interiors as compared to villages
of Dabkeghar and Salav. Despite all this, even the sale instances from
Kari reflect rate of approximately Rs.1,50,000/ or thereabouts in
some cases. Mr.Potnis submits that the sale instances from Kari are in
relation to cremation grounds or sales between father and daughter.
This is, no doubt, an additional reason to hold that the sale instances
from Kari, cannot be regarded as comparable instances. If, sale
instances from Kari cannot be regarded as comparable instances,
then surely, the sale instances from Ryari , which is really a village
on the mountain top, can hardly be regarded as comparable
instances. The sale instances in Mhasur villages were relied upon
possibly because of the proximity of these villages to Deoghar.
However, even these sale instances, cannot be regarded as
comparable instances, particularly, because these two villages are on
mountain tops and the lands of the villagers are beyond the
mountain. When sale instances from adjacent villages, having
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substantially similar features are available on record , there is no
question of reference to sale instances from Mhasur village in order
to determine the rates of the acquired lands at Deoghar.
89] As noted earlier, one of the main distinguishing feature
between lands in the villages Nirgudghar, Nangaon and Apti on one
hand and the Dabkeghar and Salav lands on the other is that the
former villages have the benefit of MahadPandharpur State
Highway, which passes through the said villages. There is ample
evidence on record to establish this distinguishing feature. The main
market place is at Bhor town, which is at a distance of about 11 to
12 kms. from these villages. The MahadPandharpur State Highway,
renders motorable access to the Bhor town quite facile. Besides,
some development in and around the StateHighway, is inevitable.
90] The sale instances at Exhibit12, Exhibit14 and Exhibit18
have to be excluded from consideration. This is because Exhibit12
relates to a plot which is bounded to the east by the State Highway.
Exhibit14 relates to a plot purchased for construction of a house.
Exhibit18 relates possibly to a plot which is bounded on the one
side of State Highway or very proximate to the State Highway. The
rate reflected in this sale instance is abnormally high, i.e.,
Rs.4,08,000/ per hectare, when in fact, in the previous year, the
very same vendor, vide sale instance at Exhibit17, had sold the same
area from out of the same Gat at the rate of Rs.2,19,000/ per
hectare. Similarly, the sale instances at Exhibits15 and 16 will have
to be excluded from consideration because they relate to lands at
Kari.
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91] The sale instances which can be taken as comparable sale
instances or exemplars are therefore, Exhibit13, Exhibit17 and
Exhibit19. As noticed earlier, the sale instance at Exhibit13 from
Nangaon reflects the rate of Rs.2,80,000/ per hectare as on date of
section 4 Notification for Dabkeghar lands (6.5.1993). The date of
section 4 Notification for Salav is 21 July 1994 and for Deoghar is 19
August 1993. The sale instance at Exhibit17 from Nirgudghar
reflects the rate of Rs.2,19,000/ per hectare and Exhibit19 again
from Nirgudghar reflects the rate of Rs.1,73,423/ per hectare.
Applying the legal position in Hans Raj (supra), Sri. Rani M.
Vijayalakshamanna Rao (supra) and Anjani Desai (supra), from out
of the comparable sale instances, normally, the highest exemplar,
which is a bonafide transaction is required to be considered to
determine the rate of compensation. This is because we are dealing
with compulsory acquisition lands and there is no reason to place
the landlosers at any disadvantageous position in such matters. In
Sri Rani M. Vijayalakshmanna Rao Bahadur (supra), the Hon'ble
Supreme Court has held : “whatever that may be, it seems to us to be
only fair that where sale deeds pertaining to different transactions are
relied on behalf of the Government, that representing the highest value
should be preferred to the rest unless there are strong circumstances
justifying a different course. In any case we see no reason why an
average of two sale deeds should have been taken in this case.”
92] If the principle in Anjani Desai (supra) that where there are
several sales of similar lands whose prices range in a narrow
bandwidth, the average thereof can be taken as representing the
market price is applied, then, the average rate of Exhibits13,
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Exhibit17 and Exhibit19 comes to Rs.2,24,141/. Incidentally, in
LAR NO.276 of 1997, which concerns the Deoghar land, the
reference court has determined compensation for Deoghar lands at
Rs.2,25,000/. The village Deoghar, was virtually adjacent to the
villages Nirgudghar and Nangaon. Even the State Government did
not choose to challenge the rate of Rs.2,25,000/ per hectare
awarded by the reference court to the Deoghar lands. Only, the
MKVDC, claiming to be the acquiring body, has challenged such rate.
Even the landlosers of Deoghar lands have accepted this rate, since
there is no challenge to the award dated 5 April 2008 made by the
reference court in LAR No. 276 of 1997 on their behalf. In these
circumstances, it will be safer to proceed on the basis that the rate of
lands to the north of the Neera River in the villages of Deoghar,
Nirgudghar and Nangaon was between Rs.2,25,000/ per hectare to
Rs.2,80,000/ per hectare.
What is the appropriate rate for Dabkeghar lands ?
93] The Dabkeghar lands or the Salav lands are to the south of
River Neera. No doubt, there was a small bridge linking the village
Nirgudghar and the village Salav. However, from the deposition of
the claimants themselves in LAR No. 70 of 1997 (Dabkeghar lands)
and LAR No. 5 of 1998 (Salav Lands). It is clear that there was no
transportation facility, Government hospital or Bazaar in these two
villages. There was no educational facility beyond VIIth standard at
Dabkeghar. Most importantly, these two villages lack the amenity of
the MahadPandharpur State Highway and all benefits which go
with such amenity. These two villages can be said to be in the
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interiors as compared to the villages to the north of River Neera. On
account of all these minus factors which affect the acquired lands
and the plus factors which benefit the exemplars, deductions are
obviously due and there is no scope to accept the Deoghar land rates
as market rates for Dabkeghar and Salav lands. The Dabkeghar lands
are right on the southern bank of River Neera. They are plain lands.
There is evidence that they were used for cultivation of several
crops. They were Jirayat lands. There is no necessity for any
deductions towards development charges, since, ultimately, these
lands were acquired because they were to suffer submergence on
account of the NDIP. The Dabkeghar lands are just across the River
Neera in juxtaposition to the Deoghar lands. Mr. Potnis, quite
grudgingly had agreed that deductions to the extent of about 10%,
as between the sale instances from Nirgudghar, Nangaon or Apti
may not be entirely inappropriate. Taking into consideration all
these factors cumulatively and making some reasonable guesstimate,
the market rate in respect of Dabkeghar lands will have to be
determined at Rs.2,05,000/ per hectare. To this extent,First Appeal
No. 1464 of 2005, instituted by the State Government will have to
be allowed.
Whether Cross objectors in appeals relating to Dabkeghar lands
are entitled to additional interest under section 28 of the said
Act?
94] The reference court, in the impugned judgment and award
dated 24 August 2004 has awarded interest on the compensation
amount at the rate of 9% annum from the date of dispossession of
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the claimants till the date of payment. The claimants, relying upon
section 28 of the said Act, have lodged crossobjections in most of
the appeals relating to Dabkeghar lands claiming interest at the rate
of 15% per annum from the date of expiry of period of one year
from the date of their dispossession and until payment or deposit of
the excess compensation.
95] In the impugned award dated 24 August 2004 in LAR No. 70
of 1997, the reference court has awarded interest at the rate of 9%
per annum in the following terms:
“9. In all above Land References the enhanced amount of
compensation shall carry interest at the rate of 9% p.a. From
the date of dispossession of the each applicant till realisation of
entire amount”.
96] Section 28 of the said Act reads thus:
“28. Collector may be directed to pay interest on excess
compensation.
If the sum which, in the opinion of the court, the Collector
ought to have awarded as compensation is in excess of the sum
which the Collector did award as compensation, the award of
the court may direct that the Collector shall pay interest on such
excess at the rate of [nine per centum] per annum from the date
on which he took possession of the land to the date of payment
of such excess into Court:
Provided that the award of the court may also direct that
where such excess or any part thereof is paid into court after the
date of expiry of a period of one year from the date on which
possession is taken, interest at the rate of fifteen per centum per
annum shall be payable from the date of expiry of the said
period of one year on the amount of such excess or part thereof
which has not been paid into court before the date of such
expiry.
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97] The reference court, by the impugned award dated 24 August
2004 has concluded that the sum, which, in its opinion, the SLAO
ought to have awarded as compensation is in excess of the sum
which the SLAO did award as compensation. On such basis, applying
the main provision of section 28 of the said Act, the reference court
has proceeded to direct the SLAO to pay interest on such excess at
the rate of 9% per annum from the date on which he took the
possession of the land to the date of payment of such excess into
court. However, the reference court has completely missed the
proviso to section 28 of the said Act, which, in terms provides that
the award of the court may also direct that where such excess or any
part thereof is paid into court after the date of expiry of a period of
one year from the date on which possession is taken, interest at the
rate of 15 % per annum shall be payable from the date of expiry of
the said period of one year on the amount of such excess or part
thereof which has not been paid into the court before the date of
such expiry. In terms of such proviso, the reference court, in the
facts and circumstances of the present case, was required to direct
the SLAO to pay the claimants interest at the rate of 15 % per
annum from the date of expiry of period of one year from the date
on which the SLAO took possession of the land to the date of
payment of excess compensation into the court. To this extent, there
is a clear error in the impugned award, which warrants modification.
The crossobjections raised by the claimants, insofar as Dabkeghar
lands are concerned, are therefore, liable to be upheld.
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What is the appropriate rate for Salav lands?
98] Insofar as Salav lands are concerned, the evidence on record
suggest that there is no appreciable difference between the
Dabkeghar lands and the Salav lands. However, the material on
record does suggest that major portion of the Salav village and the
lands therein are slightly in interiors as compared to the Dabkeghar
lands. The Salav lands are at the foot hills , beyond which, are found
the villages of Kari or Ryari. The Salav lands are certainly much
better placed than Kari or Ryari lands, but not as well placed as the
Dabkeghar lands. From the maps produced on record by the
MKVDC, it is seen that some portions of Salav lands are on the south
bank of River Neera and adjacent to village Dabkeghar. However, the
village Salav extends into the foothills and the lands near the
foothills, to that extent, are away from the River bank. The Salav
lands, therefore, are not as plain and as levelled as Dabkeghar lands.
These are some minus factors, which will have to be taken into
consideration for determining the appropriate rate for Salav lands.
99] The reference court, in the impugned award dated 29 January
2005 in LAR No. 5 of 1998 (Salav lands), has clearly erred in relying
upon sale instances from Kari. As noted earlier, the sale instances
from Kari could never have been regarded as comparable instances.
Besides, since comparable instances from the proximity angle
emanating from the villages of Nirgudghar and Nangaon were very
much available on record, there was no reason to travel beyond two
hills and at a distance of about 6 to 8 kms. to Kari and to hold that
the sale instances from Kari are the proper exemplars. The rate
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reflected in the Kari sale instances is about Rs.1,50,000/ per
hectare. Therefore, even if the Kari sale instances are to be taken
into consideration, suitable addition are necessary because the lands
at Salav are much better place than the Kari lands. They are much
more levelled than Kari lands. Some of the Salav lands are on the
banks of River Neera whereas, Kari is at a substantial distance away
from River Neera. Salav lands are in the foothills unlike the Kari
lands. The Salav lands are connected to Nirgudghar via small bridge
over River Neera. The Salav lands are much closer to the highway as
compared to Kari lands. These plus factors will have to be loaded
upon the exemplars from Kari, even assuming that the Kari sale
instances can at all be regarded as exemplars. Taking all these
circumstances and on the basis of some reasonable guesstimate, it
will be appropriate to determine the rate of compensation in respect
of Salav lands at Rs.1,80,000/ to Rs.1,94,000/ per hectare in
respect of Salav lands, instead of the rate of Rs.1,00,000/ to
Rs.1,14,000/ as determined by the reference court. This means that
the lands for which the reference court had determined the rate of
Rs.1,00,000/ per hectare, will have to be awarded compensation at
the rate of Rs.1,80,000/ per hectare and the lands for which the
reference court had determined the rate at Rs.1,14,000/ per hectare
will have to be awarded compensation at the rate of Rs.1,94,000/
per hectare.
What is the appropriate rate for Deoghar lands ?
100] Insofar as First Appeal No. 1089 of 2009 which relates to
Deoghar lands is concerned, again, there is no case made out to
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interfere with the rate of Rs.2,25,000/ per hectare determined by
the reference court. There is no appreciable difference between the
lands in villages of Nirgudghar, Nangaon , Apti and the Deoghar
lands. Deoghar and Nirgudghar share a common boundary. The
distance between Deoghar and Nangaon is hardly a kilometer or
thereabouts. There is material on record that the MahadPandharpur
StateHighway is at a distance of ½ km from Deoghar. If the highest
sale instance from Nirgudghar reflects rate of Rs.2,80,000/ per
hectare or even the average rate as between the Nirgudghar and
Nangaon sale instances is approximately Rs.2,24,173/ , which
precisely is the rate determined by the reference court in LAR No.
276 of 1997 for the Deoghar lands. The sale instances from Mhasur
Budrukh and Mhasur Khurd relied upon by the MKVDC are not
comparable sale instances. The villages are on hill tops and the lands
beyond the hills. Mr. Shinde's contention that the sale instances from
Nirgudghar and Nangaon, which are virtually the adjacent village be
ignored and the sale instances from Mhasar villages be taken into
consideration, cannot therefore be accepted. Mr. Shinde's contention
that Deoghar lands have hilly terrain or the deposition of Gautam
Londhe that Deoghar lands are inferior even to Dabkeghar and Salav
lands, certainly does not deserve any acceptance.
101] Even otherwise, Gautam Londhe, SubDivisional Engineer,
MKVDC, in his evidence has admitted that he was appointed at the
MKVDC only on 15 July 2003. He has admitted that he has inspected
the lands only in the year 20042005. He has admitted that he has
caused the photographs of the lands which form the subject matter
of the sale instances in the villages of Nirgudghar, Nangaon, Apti,
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Kari only in the year 20062007, which is the first time he inspected
these lands. From the evidence of the photographer Subhash
Gavhane, it appears that Londhe was not even aware of the lands
which form the part of the sale instances and therefore, two junior
Engineers had to accompany the photographer. Again, it is admitted
that Talathi , who would have otherwise been familiar with the
areas, was not present. The photographer has stated that he has no
personal knowledge about the sites and he simply took the
photographs as directed. Londhe, produced sales instances from
villages like Ryari, Nivangaon, Mhasur etc.. Initially, Londhe stated
that the village Nivangaon is at a distance of 7 to 8 kms form Salav.
Upon being confronted by the maps produced by him earlier, Londhe
conceded that Nivangaon is at a distance of about 17 kms from
Salav. Londhe conceded that he has not verified the contents of sale
deed dated 28 February 1994 in respect of the lands at Ryari.
Londhe conceded that he was not aware as to whether the sale
transactions produced by him were transactions of sale or
mortgaged. Londhe admitted that he has not verified whether the
sale transactions are between close relatives. Londhe also admitted
that the distance between Deoghar and Kari is about 18 kms.
Londhe, relied upon the award relating to Salav lands in order to
submit that the Salav lands are better than Deoghar lands. The case
of State Government and MKVDC has consistently been that lands to
the north of River Neera are far better and far superior than the
lands to the south, i.e., Salav and Dabkeghar. Deoghar is to the north
of River Neera and at a distance of hardly ½ km from the Mahad
Pandharpur State Highway. All these are sufficient reasons to uphold
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the rate determined by the reference court in respect of Deoghar
lands.
Whether MKVDC appeals relating to Deoghar lands are required
to be dismissed on grounds of maintainability ?
102] Mr. Potnis, learned counsel for the claimants, had in fact
submitted that MKVDC cannot be regarded as “ acquiring body ”
insofar as present acquisitions are concerned since section 4
Notification in these matters were issued in the year 19931994 and
the MKVDC, which is a statutory corporation, was incorporated only
in the year 1996. He submits that the MKVDC cannot even be
construed as 'local authority' as defined under section 3(aa) of the
said Act. Mr. Potnis relies upon the decision of the Division Bench of
this court in the case of Maharashtra Krishna Valley Development
Corporation (supra) , in support of these submissions.
103] There is no necessity to decide the issue of maintainability,
particularly, because the MKVDC has failed to make out any case
warranting interference with the impugned award dated 5 April
2008 in LAR No. 276 of 1997 and connected matters relating to the
Deoghar lands. The observations of the Division Bench in
Maharashtra Krishna Valley Development Corporation (supra), to the
certain extent, support the submissions of Mr. Potnis. The
observations were made in the context of challenge by MKVDC to
the award of SLAO without impleadment of MKVDC in the
proceedings. The relevant observations at paragraph 13 read thus:
“13. The second contention is that the Appellant being the
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Acquiring Body ought to have been heard while passing the
impugned Award. We must note here that a notification under
section 4(1) of the said Act in relation to the lands of the
contesting respondents was published on 28th August 1991 and
the Award under section 11 was made on 22nd June 1994. In
paragraph 3 of the petition, the specific averment is that the
acquisition of the lands of the respondents was at the instance of
the Irrigation Department of the State Government. In fact, in
paragraph 1 of the petition it is stated that the Appellant
Corporation was formed in the year 1996. Therefore, by no
stretch of imagination, it can be said that either the Appellant
Corporation is the Acquiring Body or the acquisition of the land
of the respondents was at the instance of the Appellant
Corporation. Therefore, even the second contention has no
merit.”
104] However, at this stage, it will not be appropriate to dismiss
the appeals instituted by MKVDC on the ground of maintainability.
This is because MKVDC was very much the party respondent in all
the references before the reference court. MKVDC has led evidence
in the matter, which has been duly considered by the reference
court. There is nothing on record to indicate that the presence of
MKVDC before the reference court was at any stage objected to by
the claimants. The MKVDC, in its written statement before the
reference court has stated that it has been entrusted with the
responsibility of NDIP and matters connected therewith. In such
circumstances, it will not be appropriate to nonsuit MKVDC at this
stage, by relying upon the aforesaid observations of the Division
Bench.
105] Incidentally, the Division Bench, in Maharashtra Krishna Valley
Development Corporation (supra), also did not nonsuit the Appellant
MKVDC on the ground that it lacked locus standi to institute the
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writ petition or on the ground of maintainability. The writ petition
was entertained, but dismissed on merits. The contention of MKVDC
that it was required to be heard before the land acquisition officer
could make its award was however rejected, inter alia by noting
that acquisition proceedings had commenced in pursuance of section
4 notification published on 28 August 1991 and on the said date,
MKVDC was not even established or incorporated.
Whether References for Deoghar lands Barred by limitation ?
106] In First Appeal No. 1089 of 2009 as well as the connected
matters, MKVDC has questioned the competency of the references
itself, on the ground that they were barred by limitation as
prescribed under section 18 of the said Act. Such issue, it appears,
was not raised by MKVDC in its written statement filed before the
reference court. The MKVDC only denied vaguely the assertion of
the claimants that the reference applications were made within the
prescribed period of limitation. The reference court, possibly on
basis of objections raised by State Government and SLAO, framed an
issue on limitation. The reference court then went on to answer
such issue in favour of the claimants and against the State
Government.
107] Mr. Shinde submits that the SLAO, in these matters, made the
award on 22 January 1996. There is material on record which
establishes that notice under section 12(2) of the said Act was duly
served upon the claimants on or before 1 October 1996. However,
the reference was applied for only on 30 December 1996, which is
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beyond the six weeks period prescribed in section 18(2)(b) of the
said Act. The claimants in these cases were not entitled to the
benefit of the extended period of six months from the date of the
award since notices under section 12(2) of the said Act were served
upon them. In any case, since application seeking references were
made beyond six months from the date of the award, the same were
clearly barred and the reference court had no authority or
jurisdiction to entertain the same on merits. Mr. Shinde also submits
that in a matter of this nature, the claimants were not entitled to set
off the period spent by them for the purpose of obtaining certified
copy of the award dated 22 January 1996. The exclusion of such
period by the reference court is contrary to the law laid down by
Single Judge of this court in Shantaram Ganesh Shenoy vs. Special
Land Acquisition Officer, Ratnagiri – 2006 (93) Mh.L.J. 781 and
the Division Bench in Bahadur Singh Jhala vs. Special Land
Acquisition Officer, Pune and anr. 2009(1) Mh.L.J. 236 .
108] On the other hand, Mr. Potnis, learned counsel for the
claimants submits that there is absolutely no material brought on
record by MKVDC or the SLAO to establish that notice under
section 12(2) of the said Act was really served upon the claimants.
In any case, he submits that there is absolutely no material brought
on record by MKVDC and the SLAO that the copy of the award had
accompanied any notice under section 12(2) of the said Act at the
time of alleged service. He submits that the onus of proving such
matters was squarely upon the MKVDC or the State and such onus
has been far from discharged. Further, Mr. Potnis points out that
even the communication dated 26 March 1997 by which the SLAO,
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actually made or forwarded the reference to the reference court,
clearly states that the award was made on 10 May 1996 and not on
22 January 1996. The perusal of the award also makes it clear that
the same was declared on 10 May 1996. In such circumstances, it
can never be said that the references were time barred under section
18(2)(b) of the said Act. Mr. Potnis has placed reliance upon number
of decisions, including in particular, the decision of the Hon'ble
Supreme Court in the case of Premji Nathu vs. State of Gujarat &
Anr. 2012(5) Mh.L.J. 514 .
109] Section 18 of the said Act reads thus:
“18 Reference to Court. (1) Any person interested who has not
accepted the award may, by written application to the Collector,
require that the matter be referred by the Collector for the
determination of the Court, whether his objection be to the
measurement of the land, the amount of the compensation, the
persons to whom it is payable, or the apportionment of the
compensation among the persons interested.
(2) The application shall state the grounds on which
objection to the award is taken:
Provided that every such application shall be made,
(a) if the person making it was present or represented
before the Collector at the time when he made his award, within
six weeks from the date of the Collector's award;
(b) in other cases, within six weeks of the receipt of the
notice from the Collector under section 12, subsection (2),
or within six months from the date of the Collector's award,
whichever period shall first expire.
(emphasis supplied)
110] In the present matters, there is no dispute whatsoever that the
claimants were neither present nor represented before the SLAO
when he declared his award. Contrary to the assertion of Mr. Shinde
for MKVDC, there is ample material on record which establishes that
the award was declared on 10 May 1996 and not 22 January 1996.
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There is no legal evidence on record to establish that notices under
section 12(2) of the said Act were indeed served upon any of the
claimants. In any case, it has neither been asserted nor established
that copy of the award was furnished to the claimants alongwith the
alleged notice under section 12(2) of the said Act. There is no
dispute that certified copies were applied for by the claimants on 14
October 1996 and the same were delivered to them on 22 November
1996. There is also no dispute that the applications seeking
reference under section 18 of the said Act were filed by the
claimants on 30 December 1996. This material is quite sufficient to
uphold the finding recorded by the reference court that the
references were filed within prescribed period of limitation.
111] The examination of the award of the SLAO makes it quite
clear that the same was declared on 10 May 1996 and not 22
January 1996. The first page and the last page bear two dates, i.e.,
4 October 1995 and 22 January 1996 below one another . These are
written in ink and bear no initials. This is also found on the last page
of award, i.e., an endorsement in ink which reads ' Draft award for
approval' . There is yet another endorsement on the last page of the
award in ink, which reads ' Award declared on 10.5.1996' . The
SLAO's signature appears below this endorsement with the date
' 10/5' .
112] The best person/authority to clarify the issue of the date of
declaration of the award was the SLAO. In his written statement
before the reference court, he has stated that the award was
declared by him on 10 May 1996. In his deposition before the
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reference court also, he has stated that the award was declared by
him on 10 May 1996. Even the communication dated 26 March
1997, by which the SLAO made or forwarded the references to the
reference court state that the award was declared on 10 May 1996.
The MKVDC, in such circumstances, can hardly be permitted to take
any advantage of the stray sentence in the deposition of one of the
claimants Kisan Pandu Kank, that the award wad declared on 22
January 1996. Obviously, the witness was misled by the date on the
front page of the award.
113] The claimants in their reference applications have asserted
that the reference application was filed within the limitation period
prescribed in section 18 of the said Act. The column regards service
of notice under section 12(2) of the said Act was left blank. It was
stated that application for true copy (of the award) was submitted
on 14 October 1996 and the copy was supplied on 22 November
1996. This reference application was admittedly filed on 30
December 1996.
114] Before the reference court, it appears that this reference
application dated 30 December 1996 was treated as the claim
statement on behalf of the claimants. The District Government
Pleader and the SLAO filed their ' counter written statements' which
are almost identical to one another. In paragraph 3 of such counter
written statement, objection that references were barred by
limitation was raised in the following terms.
“3) At the outset, it is respectfully submitted that as per the
Reference made by the claimant/s, the Award under Reference is
declared by this opponent on 10.05.1996. Immediately
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thereafter as contemplated under the provisions of the Land
Acquisition Act, this opponent served the notice under Section
12(2) of the Land Acquisition Act upon the claimants. The
Reference under Section 18 of the Land Acquisition Act is
however, filed by the claimant/s on 30.12.1996. Therefore
considering the date of the Award, so also the receipt of the
notice under Section 12(2) of the Land Acquisition Act, and
considering the date of filing of the Reference before the
respective authority, it is submitted that the Reference of the
claimant/s is barred by the principle of limitation and hence the
present Land Reference is deserves to be dismissed with costs.”
115] The MKVDC also filed its written statement before the
reference court on 9 September 2005. In response to the claimants
assertion that references were filed within the prescribed period of
limitation, the MKVDC, at paragraph 9 of its written statement , has
pleaded as under.
“9. This opponent does not admit the fact that the present
Land reference is filed within a period of limitation as alleged
by the Claimant / Claimants.”
116] The claimants, in their claim statements, have no where
admitted any receipt of notices under section 12(2) of the said Act.
The State Government and the SLAO, in their counter written
statements have not provided any particulars with regards service of
notices under section 12(2) of the said Act. There is no reference to
any despatch records or acknowledgment receipts. The State
Government and the SLAO who had raised the issue of limitation in
their counter written statements, have not chosen to impugn the
awards made by the reference court and the finding therein that the
references were filed within limitation. The MKVDC, which had not
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even properly raised the issue of limitation, has however, chosen to
pursue this objection, in these appeals.
117] Upon analysis of the deposition of Kisan Pandu Kank (claimant
No.1 in LAR No. 276 of 1996), it is not possible to accept Mr.
Shinde's contention that there are admissions on the aspect of
receipt of notices under section 12(2) of the said Act. Kisan Pandu
Kank, in the course of his crossexamination has merely stated that
he cannot say on which date notices under section 12(2) of the said
Act were served and that he does not remember on which date he
may have withdrawn the compensation amount. He has also stated
that he had received two notices prior to section 12(2). These are all
statements made by a farmer who had studied only up to IVth Std.,
in the course of crossexamination. Such statements are not at all
sufficient to conclude that any notices under section 12(2) of the
said Act were at all served upon the claimants or to deduce any
precise date of service of such alleged notices upon the claimants.
118] Arun Vithal Kamble, SLAO, who has deposed before the
reference court, was perhaps in the best position, to throw light on
the question of issue and service of notices under section 12(2) of
the said Act. The notices are required to emanate from him or his
office. The notices are required to be served under his authority or
by his staff. Therefore, the least that was expected in the matter of
this nature was that the SLAO produces before the reference court,
all relevant material and details regards issue and service of notices
under section 12(2) of the said Act. Instead, no such material and
details were ever produced by the SLAO in the course of his
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deposition before the reference court. In his examinationinchief,
Arun Kamble, the SLAO has stated that he declared the award on 10
May 1996 and that he had issued notices under section 9(3)(4) of
the said Act, however, nobody raised any objections. The SLAO,
significantly, has stated absolutely nothing as regards issue or service
of any notices under section 12(2) of the said Act upon the
claimants.
119] In the absence of any evidence that notices under section 12
(2) of the said Act were indeed issued and most importantly served
upon any of the claimants, the objection that the references were
barred by limitation, was rightly rejected by the reference court.
Mr.Shinde's reliance upon the doctrine of onus of proof , in matters
of this nature, is quite misplaced. In any case, the claimants had
sufficiently discharged the onus, which had consequently shifted
upon the State Government or the SLAO. The SLAO, who was in the
best position to produce relevant evidence in this regard, has failed
t0 produce the same before the reference court. This calls for drawal
of adverse inference. At least in matters of compulsory acquisition of
farmers' lands, it is not a sound practice on the part of the State
Government , SLAO or the acquiring bodies to withhold from the
court the best evidence which can throw light upon the issues in
controversy and then to rely upon the abstract doctrine of onus of
proof.
120] The Division Bench of this court in Moreshwar S. Phatak vs.
State of Maharashtra – 2003(3) Mh.L.J. 127, in the precise
context of objections that reference application were filed beyond
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limitation has held that adverse inference needs to be drawn where
the Collector (LAO) fails to produce despatch records and
acknowledgment receipts regards service of notices under section
12(2) of the said Act. The State Government, in such circumstances,
was not permitted to rely upon the abstract doctrine of onus of
proof.
121] The Division Bench in Moreshwar S. Phatak (supra) has
referred to the decision of the Privy Council in Murugesam Pillai vs.
Gnana Sambandha Pandara Sannadhi – AIR 1927 PC 6, in which,
Lord Shaw observed:
“ A practice has grown up in Indian Procedure of those in
possession of important documents or information lying by,
trusting to the abstract doctrine of the onus of proof, and failing,
accordingly, to furnish to the courts the best material for its
decision. With regard to third parties, this may be right enough –
they have not responsibility for the conduct of the suit; but with
regard to the parties to the suit it is, in their Lordship's opinion,
an inversion of sound practice for those desiring to rely upon a
certain state of facts to withhold from the Court the written
evidence in their possession which would thrown light upon the
proposition.”
122] The Hon'ble Supreme Court in Gopal Krishnanji Ketkar vs.
Mohamed Haji Latif and ors. AIR 1968 SC 1413, has specifically
approved the aforesaid view of the Privy Council by observing that a
view taken by the trial court that unless a party is called upon to
produce a document which could throw light on the issues in
controversy, that party is under no obligation to produce such
documents is a view, which is inconsistent with illustration (g) of
section 114 of the Evidence Act.
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123] In Akkalkot Municipal Council vs. Vasantrao Tulsiram
Kharade and ors. 2009 (6) Mh.L.J. 311, another Division Bench
of this court has held that the onus of proving the service of award
was on the acquiring body and the State Government. The
claimants, cannot be expected to prove the negative. Since, the State
Government and the acquiring body failed to discharge their onus,
their plea that the reference application was made beyond the
prescribed period of limitation was rejected.
124] The decision of the Hon'ble Supreme Court in Premji Nathu
(supra), does suggest that before any objection on the ground of
reference being barred by limitation is upheld, it has to be
established that copy of the award was also served upon the
claimants alongwith notices under section 12(2) of the said Act. At
paragraphs 11 and 15, the Hon'ble Supreme Court has observed
thus:
“11. The reason for providing six months from the date of the
award for making an application seeking reference, where the
applicant did not receive a notice under Section 12(2) of the Act,
while providing only six weeks from the date of receipt of notice
under Section 12(2) of the Act for making an application for
reference where the applicant has received a notice under Section
12(2) of the Act is obvious. When a notice under Section 12(2)
of the Act is received, the landowner or person interested is made
aware of all relevant particulars of the award which enables him
to decide whether he should seek reference or not. On the other
hand, if he only comes to know that an award has been made,
he would require further time to make enquiries or secure copies
so that he can ascertain the relevant particulars of the award.
What needs to be emphasised is that along with the notice
issued under Section 12(2) of the Act, the landowner who is
not present or is not represented before the Collector at the
time of making of award should be supplied with a copy
thereof so that he may effectively exercise his right under
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Section 18(1) to seek reference to the court.
…
“15] In the light of the above, it is to be seen whether the
conclusion recorded by the Reference Court, which has been
approved by the High Court that the application filed by the
appellant was barred by time is legally sustainable. A careful
reading of the averments contained in Para 2 of the
application filed by the appellant under Section 18(1)
shows that the notice issued by the Collector under Section
12(2) was served upon him on 2221985. Thereafter, his
advocate obtained certified copy of the award and filed
application dated 841985 for making a reference to the
Court. This implies that the copy of the award had not been
sent to the appellant along with the notice and without
that he could not have effectively made an application for
seeking reference. On behalf of the State Government, no
evidence was produced before the Reference Court to show
that the copy of the award was sent to the appellant along
with the notice. Unfortunately, while deciding Issue 3, this
aspect has been totally ignored by the Reference Court
which mechanically concluded that the application filed on
841985 was beyond the time specified in Section 18(2)
(b). The learned Single Judge of the High Court also
committed serious error by approving the view taken by the
Reference Court, albeit without considering the fact that
the notice issued by the Collector under Section 12(2) was
not accompanied by a copy of the award which was
essential for effective exercise of right vested in the
appellant to seek reference under Section 18(1)”.
(emphasis supplied)
125] In State of Maharashtra vs. Vishwas V. Gedam – 2015(5)
Mh.L.J. 344, the learned Single Judge of this court, relying upon the
decision of the Hon'ble Supreme Court in Premji Nathu (supra), has
held that in a case where the claimant was neither present nor
represented before the Collector when the award was made, the
period of limitation would commence after supply of copy of award.
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126] In Raja Harish Chandra Raj Singh Vs. Deputy Land
Acquisition Officer – AIR 1961 SC 1500, the Hon'ble Supreme
Court has held that where the rights of the person are affected by
any order and limitation is prescribed for enforcement of the remedy
by the person aggrieved by such order, then, the making of such
order must mean either actual or constructive communication of
such order to the party concerned. So the knowledge of the party
affected by the award made by the Collector under section 12 of the
said Act , either actual or constructive is an essential requirement of
fair play and natural justice. Therefore, the expression “ the date of
the award” used in proviso (b) to section 18 (2) of the said Act must
mean the date when the award is either communicated to the party
or is known by him either actually or constructively. It will be
unreasonable to construe the words from the date of Collector's
award used in the proviso to section 18of the said Act in a literal or
a mechanical way.
127] Similarly, the Hon'ble Supreme Court in State of Punjab vs.
Mst. Qaisar Jehan Begum – AIR 1963 SC 1604, has held that the
literal and mechanical construction of the words “ six months from
the date of Collector's award” occurring in the second part of clause
(b) of the proviso to section 18(2) of the said Act would not be
appropriate and the knowledge of the party affected by the award,
either actual or constructive, being an essential requirement of fair
play and natural justice, the expression must mean the date when
the award is either communicated to the party or is known by him
either actually or constructively. Knowledge of the award does not
mean a mere knowledge of the fact that an award has been made.
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The knowledge must relate to the essential contents of the award. If
award is communicated to a party under section 12(2) of the said
Act, such party must be obviously fixed with knowledge of the
contents of the award, whether he reads it or not. Similarly, when a
party is present either personally or through representative at the
time of making of the award by the Collector , it must be presumed
that he knows the contents of the award. Having regard to the
scheme of the said Act, knowledge of the award must mean
knowledge of the essential contents of the award.
128] The decisions in Shantaram Shenoy (supra) and Bahadur
Singh Jhala (supra) relied upon by Mr. Shinde are clearly
distinguishable on facts. In Shantram Shenoy (supra) , there was no
dispute whatsoever that the claimant had received notice under
section 12(2) of the said Act on 6 May 1998, but the reference
application was made only on 30 September 1998. Similarly, in
Bahadur Singh Jhala (supra) , the Division Bench found that notice
under section 12(2) of the said Act was served upon the claimants
on 15 January 1986, but reference applications was made only on 6
March 1986. Besides, the learned Judges who decided these cases
did not have benefit of the decision of the Hon'ble Supreme Court in
Premji Nathu (supra), which was delivered on 9 April 2012.
129] Therefore, upon cumulative consideration of the material on
record as well as the law on the subject, there is no case made out to
fault the finding recorded by the reference court that the references
were filed within the period of limitation prescribed in proviso (b) to
section 18 (2) of the said Act.
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Answers to the points for determination.
130] The points for determination set out in paragraph 26, are
therefore, answered as follows:
a] In First Appeal No. 1464 of 2005 relating to Dabkeghar
lands, does the State Government establish that the rate of
Rs.2,55,000/ per hectare determined by the reference court in
LAR No. 70 of 1997 is excessive ?
Ans. The rate as determined by the reference court is
excessive. The rate now determined shall be Rs.2,05,000/
per hectare. First Appeal No.1464 of 2005 relating to
Dabkeghar lands, is therefore, partly allowed.
b] In CrossObjection No. 18626 of 2007 in First Appeal
No. 1464 of 2005, do the claimants establish that they are
entitled to interest on the excess compensation determined by
the reference court at the rate of 15% per annum under
section 28 of the said Act ?
Ans. The State Government is directed to pay the
claimants interest at the rate of 15 % per annum from the
date of expiry of period of one year from the date on which
the SLAO took possession of the land to the date of
payment of excess compensation into the court, in terms of
section 28 of the said Act. To this extent, the impugned
award warrants modification. The crossobjections raised
by the claimants, insofar as Dabkeghar lands are
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concerned, are therefore, liable to be upheld.
c] In First Appeal (St) No. 19074 of 2008 and First Appeal
No. 2310 of 2006 relating to Salav lands, do the MKVDC and
State Government establish that the rate of Rs.1,00,000/ to
Rs.1,14,000/ per hectare determined by the reference court in
LAR No. 5 of 1998 and LAR No. 4 of 1998 is excessive ?
Ans. The rate determined by the reference court is not
excessive but inadequate. First Appeal No.19076 of 2008
and First Appeal NO. 2310 of 2006 are liable to be
dismissed.
d] In First Appeal No. 150 of 2009 relating to Salav lands,
do the claimants establish that the rate of Rs.1,00,000/ to
Rs.1,14,000/ per hectare determined by the reference court in
LAR No. 5 of 1998 is inadequate ?
Ans. The rate determined by the reference court is
inadequate. The rate now determined shall be
Rs.1,80,000/ to Rs. 1,94,000/ per hectare. This means
that the lands for which the reference court had
determined the rate of Rs.1,00,000/ per hectare, will have
to be awarded compensation at the rate of Rs.1,80,000/
per hectare and the lands for which the reference court
had determined the rate at Rs.1,14,000/ per hectare will
have to be awarded compensation at the rate of
Rs.1,94,000/ per hectare. First Appeal No.150 of 2009 is
liable to partly allowed.
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e] In First Appeal No. 1089 of 2009 relating to Deoghar
lands, do the claimants establish that the appeal is not
maintainable, since, according to them, MKVDC is not the
acquiring body in respect of the acquisitions in question ?
Ans. The First Appeal No. 1089of 2009 need not be
dismissed on the ground of maintainability.
f] In First Appeal No. 1089 of 2009 relating to Deoghar
lands, does the MKVDC establish that the reference
applications made by the claimants were barred by limitation
prescribed in clause (b) of proviso to section 18(2) of the said
Act ?
Ans. The reference applications made by the claimants
were not barred by limitation prescribed in clause (b) of
proviso to section 18(2) of the said Act.
g] In First Appeal No. 1089 of 2009 relating to Deoghar
lands, does the MKVDC establish that the rate of Rs.2,25,000/
per hectare determined by the reference court in LAR No. 276
of 1997 is excessive ?
Ans. The rate determined by the reference court is not
excessive. First Appeal No. 1089 of 2009 is liable to be
dismissed.
Conclusions and Final Orders.
131] The First Appeal No.1464 of 2005 instituted by the State
Government relating to Dabkeghar lands is partly allowed. The rate
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of compensation determined by the reference courts in LAR No. 70
of 1997 is scaled down from Rs.2,55,000/ per hectare to
Rs.2,05,000/ per hectare. The State Government shall be entitled to
the consequential reliefs.
132] The crossobjection Number XOBST No. 18626 of 2007
instituted by the claimants in First Appeal No. 1464 of 2005 relating
to Dabkeghar lands is allowed. The State Government is directed to
pay the claimants the interest at the rate of 15 % per annum from
the date of expiry of period of one year from the date on which the
SLAO took possession of the land to the date of payment of excess
compensation into the court, in terms of section 28 of the said Act.
133] The first appeals and the corresponding crossobjections
relating to Dabkeghar lands, listed in paragraph 4 of this judgment
and order are disposed of in terms of the orders at paragraphs 131
and 132 above. This means that the first appeals are partly allowed
and the rate determined by the reference courts is scaled down from
Rs.2,55,000/ per hectare to Rs.2,05,000/ per hectare in respect of
Dabkeghar lands. The State Government shall be entitled to
consequential reliefs. The crossobjections instituted by the claimants
also stand allowed. The claimants shall also be entitled to the
consequential benefits.
134] In all the first appeals and crossobjections relating to
Dabkeghar lands (see paragraph 4 of this judgment and order), the
compensation payable to each of the claimants shall be reworked in
terms of the directions in paragraphs 131, 132 and 133 above within
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a period of three months from today. If, the compensation amount
awarded by the reference courts is already deposited, and if upon
reworking, it is found that there is excess deposit, the appellant –
State Government shall be entitled to refund. The reference courts
to permit withdrawals and refunds accordingly. The reference courts
to permit withdrawals and refunds together with proportionate
interest, if any, as may have accrued upon the deposited amounts. If
however, the appellant, i.e., the State Government has not deposited
the compensation amounts or is required to deposit additional
amounts, The State Government is directed to do so within a period
of four months from today.
135] If any of the claimants (respondents in Dabkeghar appeals)
have already withdrawn the compensation amount from the
reference court, they are directed to redeposit the excess, if any,
within a period of four months from today. However, in case of
failure to redeposit within this period, the refundable amount will
carry interest at the rate of 7% per annum from 30 July 2017 till the
date of deposit in the reference courts. Upon deposit, the reference
court to permit the State Government to withdraw the same.
136] First Appeal No. 150 of 2009 instituted by the claimants
relating to Salav lands is partly allowed. The rate of compensation as
determined by the reference courts in LAR No. 5 of 1998 , is
enhanced from Rs.1,00,000/ per hectare to Rs.1,80,000/ per
hectare and from Rs.1,14,000/ per hectare to Rs.1,94,000/ per
hectare. The appellantsclaimants shall be entitled to proportionate
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statutory benefits and interest upon the excess compensation as now
determined.
137] First Appeal (St.) No.19074 of 2008 instituted by MKVDC
relating to Salav lands is hereby dismissed.
138] First Appeal No.2310 of 2006 instituted by the State
Government relating to Salav lands is hereby dismissed.
139] The first appeals relating to Salav lands, listed in paragraph 5
of this judgment and order are disposed of in terms of the orders at
paragraphs 136, 137 and 138 above. This means that the first
appeals instituted by the claimants relating to Salav lands stand
partly allowed. The rate determined by the reference courts is
enhanced from Rs.1,00,000/ to Rs.1,80,000/ per hectare and from
Rs.1,14,000/ to Rs.1,94,000/ per hectare. The claimants are
awarded proportionate statutory benefits and interest on the excess
compensation. This also means that the first appeals instituted by
MKVDC and the State Government relating to Salav lands, stand
dismissed.
140] In all the appeals instituted by the claimants relating to Salav
lands (see paragraph 5 of this judgment and order), the
compensation payable to each of the claimants shall be reworked
and paid / deposited in terms of the directions in paragraphs 136
and 139 above within a period of four months from today. If the
amounts in terms of the impugned judgments and awards made by
the reference courts in relation to Salav lands are already deposited
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in the reference courts, the claimants shall be permitted to withdraw
the same with interest, if any, which may have accrued thereon.
Similarly, upon deposit of the excess amounts by the State
Government within four months from today, the claimants shall be
permitted to withdraw the same.
141] First Appeal No. 1089 of 2009 instituted by MKVDC relating to
Deoghar lands is hereby dismissed.
142] The first appeals instituted by MKVDC relating to Deoghar
lands, listed in paragraph 6 of this judgment and order are hereby
dismissed.
143] The pending civil applications for miscellaneous matters stand
disposed of accordingly.
144] There shall be no order as to costs.
(M. S. SONAK, J.)
Dinesh
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