Reg.Civil Suit No.
122/2023
Ashok Narayan Kuwar Vs.
The State of Maharashtra & Others
CNR No.MHDH020010572023.
ORDER BELOW EX. 29
(Passed on 22.07.2024)
This application is filed by the defendant No.4 for rejection of
plaint as per Order 7 Rule 11 of the Code of Civil Procedure. It is
suit for recovery of compensation and mandatory injunction. The
defendant No.4 claims that, as per provisions of Land Acquisition
Act, the property in respect of which the suit is filed cannot be
entertained. The plaintiff has no right to challenge the award passed
by the Land Acquisition Officer. As per Section 63 of the Land
Acquisition Act, 2013, the dispute in respect of acquired land cannot
be filed in Civil Court. The plaintiff claims recovery of compensation
amount of Rs.39,13,023/-. The Court Fee is not paid on the amount
which is sought to be recovered. The plaintiff has paid only Rs.400/-
stamp and therefore, he is sought to be directed to pay the Court Fee
stamp.
2. The plaintiff submits detailed say vide Ex.48. It is specific case
of plaintiff that, the owner of the acquired land had executed a
registered agreement dated 27.10.2016. On the basis of agreement,
the plaintiff is entitled to receive 50% amount as he has raised fruit
trees in the suit property which is acquired by the authority. The
compensation amount which is proposed to be paid to the vendor
cannot be given as the plaintiff has right to receive it on the basis of
..2/3
agreement. The defendant No.4 has purchased some portion of the
acquired property in respect of which his vendor had already
executed agreement in favour of the plaintiff. The Civil Court has
right to decide proportionality of compensation when dispute arises.
Therefore, application is sought to be rejected.
3. The suit is filed on the basis of registered agreement dated
27.10.2016 which is for 29 years. In accordance with the terms of
the agreement, the plaintiff is entitled to receive 50% share in the
produce. According to the plaintiff, the oral agreement was of the
year 2008 and it was converted into register agreement in 2016. The
agreement subject property was acquired for irrigation purpose by
the defendant No.1 and 2. The plaintiff had raised fruit trees in the
land acquired by the authority. On 01.11.2019 the award passed by
the Land Acquisition Officer states that, the total compensation
towards fruit trees is valued Rs.15,65,209/-and 100% solatium i.e.
Rs.31,30,418/-. In future the enhanced compensation would be
received. The acquiring authority has no right to disburse
compensation amount to defendant No.3 to 8 as the plaintiff has
primacy to claim it.
4. The defendant No.4 has purchased some portion of the land in
respect of which the registered agreement is executed. It is specific
case of the plaintiff that, the fruit trees raised in the portion which
was sold by owner of the land in favour of the defendant No.4 and
hence he is liable to pay compensation to the plaintiff. All these
issues are required to be decided on the basis of evidence, therefore,
..3/3 R.C.S. No.122/2023 (Ord.Ex.29)
the plaint cannot be rejected. The objection in respect of payment of
Court Fee, contains substance as the plaintiff claims recovery of
amount, therefore, he is required to pay Court Fee on that amount.
It is seen that, the total amount Rs.39,13,023/-is awarded by the
Land Acquisition Officer. As the plaintiff claims 50% share in the
compensation, therefore, he is bound to pay Court Fee on that
amount in accordance with Section 6(i) of the Maharashtra
Court-fees Act. Accordingly, following order is passed.
ORDER
1. The application is partly allowed.
2. The plaintiff is directed to pay Court Fee on 50% amount
of Rs.39,13,023/-.
Digitally signed
by KUBER
KUBER BAPUSO
BAPUSO CHOUGULE
CHOUGULE Date:
2024.07.22
16:45:38 +0530
(K. B. Chougule)
Dt. 22.07.2024. Jt. Civil Judge Senior Division,
Dhule.
CERTIFICATE
I certify that the contents of this PDF File are word to word as per Original Order.
Name of the Steno : Anant Prakash Wagh,
Name of the Court : Jt. Civil Court (S. D.), Dhule.
PDF Uploading Date: 22/07/2024.
Sd/-
Stenographer (Grade-II)
