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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
First Appeal No. 206 of 2006
Appellant : Maharashtra Industrial Development Corporation,
through Chief Executive Officer, having its
Regional Office at Udyog Bhavan, Nagpur
Versus
Respondents: 1) Dada Maruti Raut (since dead, through his
legal heirs) -
1-a. Smt Vatsala wd/o Dada Raut, aged about
80 years, Occ: Agriculturist
1-b. Sudhakar s/o Dada Raut, aged about 65
years, Occ: Agriculturist
1-c. Ashok s/o Dada Raut, aged about 80 years,
Occ: Agriculturist,
1-d. Sau Kusum w/o Nanaji Bhoyar, aged about
60 years, Occ: Housewife
1-e. Sau Asha w/o Bhaiyyaji Bodakhe, aged about
50 years, Occ: Housewife
All residents of Deoli, District Wardha
2. State of Maharashtra, through its Collector,
Wardha
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Shri M. M. Agnihotri, Advocate for appellant None appears for respondents Shri Harshal Dube, Asst. Govt. Pleader for respondent no 2 ::: Uploaded on - 13/12/2017 ::: Downloaded on - 14/12/2017 00:50:35 ::: 2 Coram : S. B. Shukre, J Dated : 6th December 2017 Oral Judgment
1. This appeal questions the legality and correctness of the judgment and order dated 9th September 2005 passed in Land Acquisition Case No. 60 of 1995 by the 4th Adhoc Additional District Judge, Wardha.
2. The land of respondent no. 1 bearing survey number 493, area 2.42 herctare situated at Deoli was acquired by the State for the Maharashtra Industrial Development Corporation for the purpose of industrial growth at Deoli, District Wardha. The Land Acquisition Officer by his Award dated 13.7.1994 granted compensation of Rs. 24,000/- per hectare to respondent no. 1. The claimant was not satisfied with such assessment and, therefore, preferred under Section 18 of the Land Acquisition Act. On merits, the Reference Court found that the lands situated at the remote area were granted compensation at Rs. 30,000/- per hectare for dry-crop land and Rs. 45,000/- per hectare for irrigated land and, therefore, looking better situation of the land in this case and its proximity to the road, though it is dry-crop land, the Reference Court granted compensation of Rs. 34,000/- per hectare. Accordingly, the Reference Court partly allowed the application. This is what is challenged in the present appeal.
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3. I have heard learned counsel for the appellant and learned Assistant Government Pleader for respondent no. 2. Nobody appears for respondent no. 1.
4. Now, the only point that arises for my determination is -
Whether the compensation granted by the Reference Court is just and proper ?
5. The assessment of inferior land done by the Reference Court in other cases to be at Rs. 30,000/- per hectare for dry-crop land and Rs. 45,000/- per hectare for irrigated land, has been confirmed by this Court in First Appeal No. 338 of 2001 with First Appeal No. 339 of 2001 by common judgment dated 16th April 2015. The acquired land in the present case has been proved to be situated in a much better way than the dry-crop land assessed at Rs. 30,000/- per hectare which was acquired for the same project and from the same village. Therefore, the enhancement in the rate of assessment of the acquired land, situated adjacent to Wardha-Yavatmal Road, done by the Reference Court to be at Rs. 34000/- per hectare, cannot be seen as unreasonable or arbitrary. It is very much based upon the evidence available on record and, therefore, cannot be faulted with. The compensation granted by the Reference Court is, therefore, just and proper. The point is answered ::: Uploaded on - 13/12/2017 ::: Downloaded on - 14/12/2017 00:50:35 ::: 4 accordingly The appeal deserves to be dismissed.
6. The appeal stands dismissed. Parties to bear their own costs.
If any excess amount has been deposited by the appellant in the Reference Court, the appellant is permitted to withdraw as much amount as is found to be deposited in excess of the compensation granted by the Reference Court and confirmed by this order.
S. B. SHUKRE, J joshi ::: Uploaded on - 13/12/2017 ::: Downloaded on - 14/12/2017 00:50:35 :::