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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
FIRST APPEAL NO.1261 OF 2013
APPELLANT: Vidarbha Irrigation Development
Corporation, through its Executive
Engineer, Bembala Project Division,
Yavatmal.
-VERSUS-
RESPONDENTS: 1. ig Rambhau Zapraji Pardakhe through Lrs:
((Appeal abates against respondent No.1.) 1a. Dnyaneshwar S/o Rambhau Pardakhe, Aged major, R/o Gajanan Colony, Near Kali mata Temple, Chandur Rly. Distt. Amravati.
1b. Pralhad S/o Rambhau Pardakhe, Aged major, R/o Dighi Punarvasan-2, Gimona Phata, Tah. Babhulgaon, Distt.
Yavatmal.
1c. Sou. Bebitai W/o Trambak Kanase, Aged Major, R/o Yenas, Tah. Nandgaon- Khandeshwar, Distt. Amravati.
1d. Smt. Shobhatai W/o Ravindra Pardakhe, Aged Major, 1e. Dilesh S/o Ravindra Pardakhe, Aged Major, 1f. Manisha D/o Ravindra Pardakhe, Aged Major No.1d to 1f are R/o Dighi Punarvasan-2, Gimona Phata, Tah. Babhulgaon, Distt. Yavatmal.
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1g. Sou. Manjusha W/o Vilas Kohle, Aged
major, R/o Near Devghar Apartments, Sham Nagar, Amravati.
1h. Manoj Dnyaneshwar Pardakhe, aged Major, R/o Dighi, Tq. Babulgaon, Dist. Yavatmal.
(Appeal abates against 2. Baynabai w/o Rambhau Pardakhe, respondent No.2.)
3. The State of Maharashtra through the Collector, Yavatmal, Tq. And District Yavatmal.
4.The Special Land Acquisition Officer, Bembla Project, Yavatmal.
Shri S. S. Godbole, Advocate for the appellant. Shri A. B. Nakshane, Advocate for Lrs of the respondent Nos.1 & 2. Ms. N. P. Mehta, Assistant Government Pleader for respondent Nos.3 & 4.
WITH CROSS-OBJECTION NO.13 OF 2013 IN FIRST APPEAL ST. NO.7178 OF 2012 CROSS 1. Rambhau S/o Zapraji Pardakhe and OBJECTOR:
2. Bsaynabai Rambhau Pardakhe were dead through common legl heirs: 2a) Dilesh Ravindra Pardakhe, Age-31, Occ-
Agriculturist, 2b) Manoj Dyneshwar Pardakhe, Age-43 Occ-Agriculturist, Both R. No.2a and 2b R/o Dighi, Tq. Babhulgaon, Dist.- Yavatmal.
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fa1261.13.odt 3/4 RESPONDENTS: 1. Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembala Project Division, Yavatmal.
2. The State of Maharashtra through Collector Yavatmal.
3. The Special Land Acquisition Officer, Bembla Project Yavatmal.
Shri A. B. Nakshane, Advocate for the objectors Shri S. S. Godbole, Advocate for the respondent No.1. Ms. N. P. Mehta, Assistant Government Pleader for respondent Nos.2 & 3.
CORAM: A.S. CHANDURKAR, J.
DATED: 2
nd MAY, 2016.
ORAL JUDGMENT :
1. In view of pursis filed by the claimant the appeal as well as the cross-objections are taken up for final hearing.
2. Lands admeasuring 5 hectares 9R and 7 Hectare 81 R at village Bhatmarg Tah Babhulgaon District Yavatmal were acquired pursuant to notification dated 17-12-1998 issued under section 4 of the Land Acquisition Act, 1894 (for short, the said Act). The Land Acquisition Officer passed award dated 16-6-2001 enhancing the amount of compensation to Rs.1,10,000/- per hectare. Being aggrieved by the enhancement, the acquiring body has filed First Appeal No.1261/2013 while the claimant has filed ::: Uploaded on - 04/05/2016 ::: Downloaded on - 30/07/2016 00:37:59 ::: fa1261.13.odt 4/4 cross objections seeking further enhancement. In First Appeal No.1035/2007 with cross objection No.51/2013 relating to lands acquired from the said village and under the same notification issued under Section 4 of the said Act, by judgment dated 20-2-2014 an amount of Rs.1,20,000/- per hectare has been granted as fair compensation. This fact is not disputed by the learned Counsel for the parties.
3. Hence, for reasons assigned in the judgment in First Appeal No.1035/2007 dated 20-2-2014 referred to herein above, the following order is passed.
(1) First Appeal No.1261/2013 filed by the acquiring body stands dismissed.
(2) Cross objection No.13/2013 filed by the claimants is partly allowed and amount of compensation for land is enhanced to Rs.1,20,000/- per hectare. Rest of the award passed by the Reference Court in LAC No.144/2005 stands confirmed.
(3) The cross objectors would be entitled to receive the amount of enhanced compensation deposited by the appellant in this Court. The first appeal and the cross-objections stand disposed of in aforesaid terms.
JUDGE //MULEY// ::: Uploaded on - 04/05/2016 ::: Downloaded on - 30/07/2016 00:37:59 :::