908-J-FA-308-14 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.308 OF 2014
Sagar Ashok Ajmire
Aged 32 years. Occ. Agriculture
R/o Fattepur, Tq. Babhulgaon
and Dist. Yavatmal. ... Appellant.
V/s
1. The Executive Engineer,
Bembla Project Division,
Yavatmal,
Tq. & Distt. Yavatmal.
2. Special Land Acquisition Officer,
Minor Irrigation Works No.1,
Yavatmal.
3. State of Maharashtra,
through Collector,
Yavatmal,
Tq.& Ditt. Yavatmal. ..... Respondents.
Shri A. B. Nakshane, Advocate for appellant.
Shri S. G. Jagtap, Advocate for respondent No.1.
Shri M. A. Kadu, AGP for respondent Nos.2 and 3.
CORAM : A.S.CHANDURKAR, J.
DATE : February 28, 2017
Oral Judgment :
As the adjudication with regard to the amount of compensation for lands acquired from the same village and under the same notification ::: Uploaded on - 03/03/2017 ::: Downloaded on - 05/03/2017 00:44:03 ::: 908-J-FA-308-14 2/3 has been adjudicated, the appeal is taken up for hearing with consent of counsel for the parties.
Land admeasuring 2H 97R from gut No.42 situated at village Fattepur was acquired for submergence of Bembla river project. Notification under Section 4 of the Land Acquisition Act, 1894 is dated 31/12/1998. By award dated 22/02/2002 compensation of Rs.51,203/- per hectare came to be granted. The Reference Court enhanced the compensation at Rs.1,25,000/- per hectare.
2. It is not disputed that in F.A.No.435/2010 with connected appeals this Court by judgment dated 26/02/2014 determined the amount of fair compensation for similar lands to be Rs.1,35,000/- per hectare. Considering aforesaid adjudication which is not in dispute and as the present proceedings arise from the same notification, similar compensation can be awarded.
3. In view of aforesaid, the following order is passed :
Judgment dated 23/10/2008 in LAC No.557/2006 is partly modified. It is held that the claimant is entitled for compensation at the rate of Rs.1,35,000/- per hectare with all statutory benefits. ::: Uploaded on - 03/03/2017 ::: Downloaded on - 05/03/2017 00:44:03 :::
908-J-FA-308-14 3/3 However, in view of order dated 17/02/2014, the appellant would not be entitled for interest on the enhanced amount of compensation from 23/10/2008 till 17/02/2014.
Appeal is allowed in aforesaid terms with no order as to costs.
JUDGE Asmita ::: Uploaded on - 03/03/2017 ::: Downloaded on - 05/03/2017 00:44:03 :::