fa965.10.J.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.965 OF 2010
Vidarbha Irrigation Development
Corporation, through Executive
Engineer (Irrigation Division),
Amravati. ....... APPELLANT
...V E R S U S...
1] Shankar Sakharam Adhau,
Aged about 70 years,
Occupation: Cultivator,
R/o Karajgaon Gandhighar,
Tq. Warud, District Amravati.
2] The Special Land Acquisition Officer
No.4, Upper Wardha, Amravati,
Tq. and District Amravati.
3] The State of Maharashtra through
Collector, Amravati,
Tq. and District Amravati. ....... RESPONDENTS
-------------------------------------------------------------------------------------------
Shri J.B. Kasat, Advocate for Appellant.
None for Respondent No.1.
Mrs. M.H. Deshmukh, AGP for Respondent Nos.2 and 3.
-------------------------------------------------------------------------------------------
CORAM: N.W. SAMBRE, J.
DATE: 21 st
APRIL, 2017.
ORAL JUDGMENT
::: Uploaded on - 24/04/2017 ::: Downloaded on - 26/04/2017 00:18:25 :::
fa965.10.J.odt 2/4
1] Heard finally.
2] Shri Kasat, the learned counsel for the appellant
while questioning the enhanced compensation would urge that the reliance placed by the Reference Court on the sale instances being Exh.27 is wholly misplaced. According to him, the said document does not depict as to whether the land, which is stated in the sale-deed is adjoining land with same cropping pattern and potential. Apart from above, he would urge that without any basis exorbitant compensation is awarded for the sale in question. The learned counsel for the appellant acquiring body would rely upon the evidence of the claimant. Shri Kasat, then would urge that no independent evidence is adduced so as to substantiate the enhanced compensation.
3] None appears for the respondent No.1. With the assistance of the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents No.2 to 3, I have perused the judgment delivered by the Reference Court in exercise of powers under Section 18 in Land Acquisition Case No.254 of 2007 granting enhanced compensation at the rate of Rs.1,47,000/- per hectare.
::: Uploaded on - 24/04/2017 ::: Downloaded on - 26/04/2017 00:18:25 :::
fa965.10.J.odt 3/4 4] From the evidence of the claimant, it should be
noticed that he was cultivating the land in question and was harvesting the dry crop like cotton, gram etc. 5] Apart from above, there appears to be a big Well of 60 ft. deep and its diameter is 15 fts. The adjoining land was sold by the claimant at the rate of Rs.2,20,000/- as would be gathered from the evidence of the claimant. He has also sought enhanced compensation for the Mango tree. Apart from above, it is required to be noted that the Index-2 of the sale instances, the 7/12 extract states of the Well and the Pump projected thereon. The village map of the village was also placed on record vide Exh.28, which is required to be appreciated in the matter of award of compensation.
6] In my opinion, no case is made out by the acquiring body so as to interfere in the decision of the enhanced compensation delivered by the Reference Court. 7] As such the appeal fails and is dismissed accordingly.
8] After the appeal period is over, amount, if any,
::: Uploaded on - 24/04/2017 ::: Downloaded on - 26/04/2017 00:18:25 :::
fa965.10.J.odt 4/4
deposited before this Court or the Reference Court is permitted to be withdrawn by the claimant.
JUDGE NSN ::: Uploaded on - 24/04/2017 ::: Downloaded on - 26/04/2017 00:18:25 :::