1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL NO.1086 OF 2006 Bhaurao s/o Rekhu Jadhav, Age 68 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO. 1087 OF 2006 Hamju S/o Amulal Shirgapure Age 45 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement 2 Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1088 OF 2006 1. Baswaraj S/o Maruti Vibhute, Age 34 years, Occu. Agril. 2. Suresh s/o Niloba Vibhute, Age 37 years, Occu. agri, All.R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1089 OF 2006 Manohar s/o Laxman Bhosale, Age 68 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) 3 FIRST APPEAL NO.1090 OF 2006 Shivappa s/o Lingappa Gavkare, died through his Legal heir's 1/a Kusumbai w/o Shivappa Gavkare, age 50 years, occu. Agril. 1/b. Dattu s/o Shivappa Gavkare, age - 30 years, Occu. Agri., 1/c. Balu s/o Shivappa Gavkare, age 22 years, occu. Agri., 1/d. Santosh s/o Shivappa Gavkare, age 18 years, occ. Agri., All R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1091 OF 2006 Venkat s/o Narsing Sawant, Age 56 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 4 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1092 OF 2006 Pandurang s/o Khema Jadhav, Age 68 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1093 OF 2006 1. Raosaheb s/o Aparao Sawant, age 72 years, Occ. Agri., 2. Ashok s/o Aparao Sawant, age 46 years, Occu. Agri., Both R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) 5 FIRST APPEAL NO. 1094 OF 2006 Madhukar s/o Irrappa Bhalerao, Age 52 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1095 OF 2006 Shreemant s/o Apparao Sawant Age 59 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1096 OF 2006 1. Nilkanth s/o Kishan Parslge Died through his Legal heir Ram s/o Nilkanth Parsalge, 6 age 25 years, occ. Agri., 2. Sadashiv s/o Kishan Parsalage, age 57 years, Occu.Agri., Both R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1097 OF 2006 Ramdhan s/o Vithoba Jadhav Age 68 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1098 OF 2006 Dagdu s/o Shankar Dende, Age 51 years, Occu. Agri., R/o Killari, Tq. Ausa, ... APPELALNT. Dist. Latur. (Orig.Claimant) 7 V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1099 OF 2006 Kaveribai w/o Madovrao Parsalge Age 58 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1100 OF 2006 Shankar s/o Laxuman Sunjote Died through his Legal heir's 1. Ratnabai w/o Shankar Gunjote, Age 68 years, Occu. Agri., 2. Sau Kamalbai w/o Uttam Sakhare, age 45 years, occu. Agri., 3. Madhav s/o Shankar Gunjote age 43 years, occ. Agri., 4. Yeshwant s/o Shankar Gunjote, age 41 years, occu. Agri., 5. Kashinath s/o Shankar Gunjote, age 38 years, occu. Agri., 8 6. Sow. Vimalbai w/o Baswaraj Birjdar, age 33 years, occu. Agri., All R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1101 OF 2006 Kasturbai w/o Bapurao Mane, age 52 years, occu. agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1102 OF 2006 Govind s/o Madhavrao Bhosle, Age 57 years, Occu. Agri., R/o Killari, Tq. Ausa, ...APPELLANT. Dist. Latur. (Orig.Claimant) 9 V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1103 OF 2006 Ekanth s/o Vithoba Vibhute, Age 52 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1104 OF 2006 Fulchand s/o Gundappa Parsalge Age 34 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 10 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1105 OF 2006 Satish w/o Ram Halkude, Age 37 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1106 OF 2006 Shrimant s/o Madhavrao Bhosale died through L.Rs. Tanaji s/o Shrimant Bhosale Age 25 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, ...RESPONDENTS. 2) The District Resettlement (Orig.Respondents) Officer, Latur. 11 FIRST APPEAL NO.1107 OF 2006 Hanumant s/o Mandaji Babhalsure, Age 74 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1108 OF 2006 Vithal s/o Deorao Babhalsure, Age 53 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO. 1109 OF 2006 Sangita s/o Sanjiv Bhosale Age 34 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. 12 ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1110 OF 2006 Suresh s/o Yeshwantrao Parsalge, Age 58 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1111 OF 2006 Nilkanth s/o Laxman Bhosale, Age 63 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 13 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.1112 OF 2006 Motichand s/o Eknath Shinde Age 71 years, Occu. Agri., R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.303 OF 2009 Hiralal Ismail Tamboli, Died through his L.Rs. 1. Hirabee w/o Hiralal Tamboli, Age 60 years, Occu. Agril. & H.H. 2. Shaukat s/o Hiralal Tamboli, Age 42 years, Occu. Agri., 3. Ahmad s/o Hiralal Tamboli, Age 40 years, Occu: Agril. 4. Samad s/o Hiralal Tamboli, Age 31 years, Occu. Agril. 5. Rajiya Chandsab Tamboli, Age 38 years, Occu: Agril. & H.H. 6. Hirabee w/o Hiralal Tamboli, 14 Age 60 years, Occu.Agril. & H.H. All R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) FIRST APPEAL NO.304 OF 2009 Eknath Manaji Bhosle died through L.Rs. 1. Amol s/o Bhaskarrao Rathode, Age 17 years, Occu-Education, 2. Raviraj s/o Bhaskarrao Radhode, Age 13 years, Occu. Education. Both the applicants are minor U.G. of their father Bhaskar s/o Gundaji Rathode, Age 50 years, Occu. Agri. R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) 15 FIRST APPEAL NO.306 OF 2009 Maheboob Ismail Tamboli, Died Through his L.Rs. 1. Ismil Maheboob Tamboli, Age 40 years, Occu. Agril. 2. Smt. Sharifabee Maheboob Tamboli, Age 65 years, Occu. Agril. 3. Atiq Maheboob Tamboli, Age 35 years, Occ. Agril. 4. Gaulan Shahabuddin Tamboli, Age 38 years, Occu. Agril. R/o Killari, Tq. Ausa, Dist. Latur. ...APPELLANT ( Ori. Claimant ) V E R S U S 1) The State of Maharashtra through the Collector, Latur, 2) The District Resettlement Officer, Latur. ...RESPONDENTS ( Ori. Respondents ) Shri S.S. Manale, Advocate for the Appellants. Mrs. R.K. Ladda, A.G.P. of the Respondent Nos. 1 and 2. ... CORAM : S.V.GANGAPURWALA,J. Date : 14.10.2010. ORAL JUDGMENT 1. All these appeals are filed against the 16 judgment and award passed by the Reference Court. 2. The Reference Court vide its judgment and award dated 29.4.2006, had decided 52 References. The present appellants are assailing the said award on the ground that adequate compensation has not been awarded by the Reference Court. 3. Mrs.R.K. Ladda, learned Asstt.Govt. Pleader for the Respondent-State contended that Reference Court has considered each and every aspect of the matter and has elaborately dealt with as to how Exh.73 and Exh.75 i.e. the sale deeds therein could not be considered as the basis for awarding the compensation amount. According to learned Asstt.Govt. Pleader, the lands which were the subject matter of Exh.73 and Exh.75 were not similarly situated and as such the Reference Court has rightly discarded the same. According to learned Asstt.Govt. Pleader, there is no merit in the appeals. 4. Mr.Manale, learned counsel for the appellants has placed on record the judgment of the learned Single Judge of this Court dated 17 26.2.2010 in F.A.No.1001/2006 and other companion appeals. The said appeals i.e. F.A.No.1001/2006 and other companion appeals were filed as against same award dated 29.4.2006 against which the present appeals are filed. In the said appeals decided by this Court on 26.2.2010, this Court had passed the following order : "22. All the appeals are partly allowed. The State to pay enhanced compensation in respect of the lands, subject matter of acquisition and subject matter of present appeals at the rate of Rs.1121/- Per R. (at the rate of Rs.44,840/- per acre (at the rate of Rs.1,12,100/- per Hectare). Other statutory benefits awarded by the learned Reference Court remain unaltered. The appellants are entitled for the statutory benefits in terms of the enhancement indicated herein above. No costs." 5. Though Mrs.Ladda, learned Asstt.Govt. 18 Pleader has extensively argued the matter, this Court in earlier appeals arising out of same award bearing No.F.A.No.1001/2006 and other companion appeals has already decided the amount of compensation awarded to the claimants, I had specifically asked the learned Asstt.Government Pleader as to whether any appeals are filed against the said judgment of this Court dated 26.2.2010, in F.A.No.1001/2006 and other companion appeals. The learned Asstt.Government Pleader candidly replied that no such appeals are filed and on instructions further stated that no proposals for filing appeals are pending. 6. In view of the fact that this Court has already decided the amount of compensation to be paid to the similarly situated claimants in F.A.No.1001/2006 and other companion appeals whose lands were acquired for the same Project,I would concur with the view expressed by the learned Single Judge in the said appeals and for the reasons recorded in the said appeals, I also partly allow these appeals and award the same compensation. As such the following order is 19 passed as is passed in said F.A.No.1001/2006 and other companion appeals. 7. All these appeals are partly allowed. The State to pay enhanced compensation in respect of the lands, subject matter of acquisition and subject matter of present appeals at the rate of Rs.1121/- per R. (at the rate of Rs.44,840/- per acre i.e. at the rate of Rs.1,12,100/- per Hectare). Other statutory benefits awarded by the learned Reference Court remain unaltered. The appellants are entitled for the statutory benefits in terms of the enhancement indicated herein above. No costs. 8. In F.A.No.304/2009, the appellant shall pay the Court fees of the enhanced amount within a period of four weeks from today. The appeals are accordingly disposed of. (S.V.GANGAPURWALA,J.) asp/office/fa108606 20