J-fa1429.17.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL No.1429 OF 2017
Vithal Damodar Chaudhari,
Aged about 59 years, Occupation : Agriculturist,
R/o. Dighi, Tq. Babhulgaon, Distt. Yavatmal. : APPELLANT
...VERSUS...
1. The Executive Engineer,
Bembla Project Division, Yavatmal.
2. Special Land Acquisition Officer,
Minor Irrigation Works No.1, Yavatmal.
3. The State of Maharashtra,
through Collector, Yavatmal. : RESPONDENTS
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Shri A.B. Nakshane, Advocate for the Appellant.
Shri Mangesh Kadu, Advocate for the Respondent No.1.
Shri H.D. Dubey, Asstt. Government Pleader for Respondent Nos.2 and 3.
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CORAM : S.B. SHUKRE, J.
th DATE : 18 DECEMBER, 2017.
ORAL JUDGMENT :
1. Heard.
2. Admit.
3. There is no need to call for any record and proceedings as the issue involved in this appeal is covered by the judgments passed by this Court in First Appeal No.1018/2017, decided on 4 th September, 2017 ::: Uploaded on - 20/12/2017 ::: Downloaded on - 23/12/2017 01:48:11 ::: J-fa1429.17.odt 2/3 and First Appeal No.86/2017, decided on 31st January, 2017.
4. In those appeals, this Court determined the true market value of the land involved therein at Rs.2,10,000/- per hectare. Those lands and the land involved in the present appeal are similar in all respects and are also covered by the same notification and same project. All these lands are from village Dighi. Therefore, I find that the acquired land in the present case would also have the same market value of Rs.2,10,000/- per hectare, as has been determined by this Court in the aforestated appeals and as such I also find that the issue involved in this appeal is squarely covered by the view already taken in the matter by this Court.
5. Shri M.A. Kadu, learned counsel for respondent No.1 and Shri H.D. Dubey, learned A.G.P. for respondent Nos.2 and 3 also agree on this point.
6. In view of above, this appeal deserves to be partly allowed and it is allowed accordingly.
7. It is declared that the appellant is entitled to receive compensation at the rate of Rs.2,10,000/- per hectare for the land acquired.
8. The impugned award stands modified to this extent while remaining parts of the award stand confirmed. However, it is made clear that in view of order passed by this Court while disposing of Civil Application No.4762/2017, the claimant shall not be entitled to receive any interest on that portion of the compensation which is due and payable to the claimant on account of the enhancement in compensation ::: Uploaded on - 20/12/2017 ::: Downloaded on - 23/12/2017 01:48:11 ::: J-fa1429.17.odt 3/3 made now by this Court and it would be for the period from 6.2.2013 till 18.12.2017.
9. Parties to bear their own costs.
JUDGE okMksns ::: Uploaded on - 20/12/2017 ::: Downloaded on - 23/12/2017 01:48:11 :::