1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
First Appeal No. 1182 of 2017
Appellant : Nagorao son of Narayan Barde, aged about
60 years, Occ: Service & Agriculturist, resident
of Digras, District Yavatmal
Versus
Respondents: 1) The State of Maharashtra, through its
Collector, Yavatmal
2) Special Land Acquisition Officer, Benefitted
Zone, Yavatmal
-------------------------------------------------------------------------------------------
Shri R. J. Shinde, Advocate for appellant Shri Harshal Dube, AGP for respondents Coram : S. B. Shukre, J Dated : 20th December 2017 Oral Judgment
1. Heard. Admit. Shri Harshal Dube, learned Assistant Government Pleader waives notice for respondents. Taken up for final hearing forthwith by consent of parties. There is no need to call for Record and Proceedings as the appeal can be disposed of by following the view already taken by this Court in a connected matter. ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:04:55 ::: 2
2. In this case, the acquired land is from village Deurwada which was acquired for submergence of Arunawati Project. For the lands situated in the adjoining village of Deurwadi and which was acquired for the same purpose and which was covered by the same notification as the present land, the rate of compensation granted was of Rs. 65,000/- per hectare. All these lands including the present land are similar to each other and, therefore, are squarely covered by the judgment of this Court dated 14th September 2017 rendered in First Appeal (St) No. 10719 of 2017.
3. Learned Assistant Government Pleader for the respondents also concedes to this fact. Therefore, this appeal deserves to be allowed and it is allowed accordingly.
4. Appeal is partly allowed.
(a) It is declared that the appellant is entitled to receive enhanced compensation @ Rs. 65,000/- per hectare together with the same benefits as regards compensation for trees, interest, component, solatium as are granted by the Reference Court in the impugned Award. Appellant, however, shall not be entitled to receive interest on the enhanced compensation for the delayed period i.e. from 27 th February ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:04:55 ::: 3 1992 till date.
(b) The impugned Award stands modified in the above terms.
(c) Additional court fees shall be paid within one month from the date of order and thereafter the enhanced compensation as granted under this order, shall be deposited in this Court within two months, failing which the appellant shall be at liberty to execute the decree of this Court.
(d) Parties to bear their own costs.
S. B. SHUKRE, J
joshi
::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:04:55 :::