J-fa173.15.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL No.173 OF 2015
Gunwantrao Rajaram Mehetre,
Aged about 65 years,
Occupation : Agriculturist,
R/o. Bhatmarg, Tah. Babhulgaon,
Distt. Yavatmal. : APPELLANT
...VERSUS...
1. The State of Maharashtra,
Through Collector, Yavatmal.
2. Sub Divisional Officer &
The Land Acquisition Officer,
Bembla Project, Yavatmal.
3. Executive Engineer,
Bembla Project, Division- Yavatmal,
Tah. & Distt. Yavatmal. : RESPONDENTS
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Smt. S.K. Paunikar, Advocate for the Appellant.
Ms. R.V. Kalia, Asstt. Government Pleader, for the Respondent Nos.1 and 2.
Shri M.A. Kadu, Advocate for the Respondent No.3.
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CORAM : S.B. SHUKRE, J.
th DATE : 18 AUGUST, 2017.
ORAL JUDGMENT :
1. This appeal challenges the legality and correctness of the award dated 17.8.2005, passed in Land Acquisition Case No. 548/03, by ::: Uploaded on - 23/08/2017 ::: Downloaded on - 27/08/2017 00:38:09 ::: J-fa173.15.odt 2/3 the Court of 2nd Ad-hoc Additional District Judge, Yavatmal.
2. I have heard Smt. S.K. Paunikar, learned counsel for the appellant, Ms. R.V. Kalia, Assistant Government Pleader for the Respondent Nos.1 and 2 and Shri M. A. Kadu, learned counsel for respondent No.3.
3. The only point which arises for my determination is :
Whether the compensation granted by the Reference Court is just and proper ?
4. The answer to the point would lie in the findings recorded by this Court in First Appeal No. 632/2013, F.A. No. 117/2007 and F.A.No. 224/2014 as well as F.A.No. 1035/2007, with Cross Objection No. 51/13. The First Appeal No. 1035/07 with Cross-Objection No. 51/13 has been decided by this Court by way of common judgment in February, 2014. The First Appeal No. 224/14 has been decided by this Court on 28.7.2017. In all these appeals, the market value of the acquired lands, which were dry crop lands, was determined by this Court to be of Rs.1,20,000/-. In the present case, the acquired land is covered by the same Notification issued under Section 4 of the Land Acquisition Act dated 17.12.1998 and the same award passed by the Land Acquisition Officer on 16.6.2001. The acquired land in the present case is similar to the lands involved in these appeals. Therefore, it could be said that the issue involved in this appeal is also covered by the view taken by this ::: Uploaded on - 23/08/2017 ::: Downloaded on - 27/08/2017 00:38:09 ::: J-fa173.15.odt 3/3 Court in the aforesaid appeals and accordingly, the market value of the land acquired in the present case would have to be determined at the rate of Rs.1,20,000/- per hectare, which is dry crop land and I determine its market value to be so.
5. The appellant, is therefore, entitled to receive compensation at the rate of Rs.1,20,000/- per hectare for the land acquired in the present case and the same shall be paid to him by the respondents. The interest rate and other benefits granted by the Reference Court would also apply to the enhancement in the compensation being made under this order. Deficit Court-fee, if any, be paid within two months.
6. The appeal is accordingly allowed and the impugned award stands modified in the above terms.
7. The parties to bear their own costs.
JUDGE rgingole ::: Uploaded on - 23/08/2017 ::: Downloaded on - 27/08/2017 00:38:09 :::