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Land acquisition-Compensation.

Land acquisition-Compensation.

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11/03/2014

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REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 92-105 OF 2004

NAVANATH & ORS.
...AP P ELLANTS
Versus
STATE OF MAHARASHTRA
... RESPONDENT
WITH

{C.A. No. 106/2004, C.A. Nos. 107-113/2004, C.A. Nos. 114-118/2004,
C.A. No. 119/2004, C.A. Nos.2591-2597/2009(@ SLP[C] Nos.2804-
2810/2004}

JUDGMENT
S.B. SINHA, J.
Shyam Diwan i/b Lawyer\u2019s Knit for the Appellants.
Chinmoy Khaladkar i/b Sanjay Kharde and Asha Nair for the
Respondent State of Maharashtra.
1.
Leave granted in Special Leave Petition (Civil) Nos 2804-2810 of
2004.
2.
These appeals by special leave arise out of a common judgment and
order dated 20th/21st March, 2002 passed by a Division Bench of the

2
Bombay High Court allowing the appeals preferred by the State in part
from a judgment and award dated 24.07.1995.

3. The Government of Maharashtra intended to undertake

construction of a medium irrigation project on the Uthala River at Patoda
Taluka in the District of Beed commonly known as "Uthala Irrigation
Project". For the said purpose, lands situated at village Tagadgao were
acquired. The total land sought to be acquired measured 182 Hectares and
belonged to 274 individual land owners. A notification under Section 4
of the Land Acquisition Act, 1894 (for short, "the Act") was issued on
6.10.1988. A declaration under Section 6 of the Act was made on
6.7.1989. An award was published on 29.06.1990.

4. The acquired lands were classified in two categories; (1) Bagayat
lands (irrigated lands); and (2) Jirayat lands (non-irrigated lands but are
otherwise cultivable).

In these appeals, we are not concerned with the question as regards classification of the acquired lands as also the amount of compensation computed therefor.

5. Claimants - appellants, however, contend that the lands had fruit
bearing trees, wells, pipe lines, structures of cow-shed/Gotha and Bandh

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