936-J-FA-620-16 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.620 OF 2016
Vidarbha Irrigation Development
Corporation Thr. Executive Engineer,
Bembla Project Division, Yavatmal. .. Appellant.
-vs-
1. Ashok Damodhar Chaudhary
Aged about 53 years, Occ. Agriculturist
R/o Dighi, Tq. Babhulgaon,
Dist. Yavatmal
2. The State of Maharashtra,
Thr. The Collector, Yavatmal,
Tq. & Dist. Yavatmal.
3. Special Land Acquisition Officer,
Minor Irrigation Works No.1. Yavatmal ... Respondents.
WITH
CROSS OBJECTION NO.2 OF 2017
IN
FIRST APPEAL NO.620 OF 2016
Ashok Damodhar Chaudhary
Aged about 53 years, Occ. Agriculturist
R/o Dighi, Tq. Babhulgaon,
Dist. Yavatmal ... Cross objector.
Vs.
1. Vidarbha Irrigation Development
Corporation Thr. Executive Engineer,
Bembla Project Division, Yavatmal.
2. The State of Maharashtra,
Thr. The Collector, Yavatmal,
::: Uploaded on - 15/03/2017 ::: Downloaded on - 27/08/2017 18:42:01 :::
936-J-FA-620-16 2/3
Tq. & Dist. Yavatmal.
3. Special Land Acquisition Officer,
Minor Irrigation Works No.1. Yavatmal ... Respondents.
Shri P. B. Patil, Advocate for appellant and for respondent No.1 in XOB
No.2/2017.
Shri A. B. Nakshane, Advocate for respondent No.1 and for cross-objector in
XOB No.2/2017.
Ms H. N. Prabhu, Assistant Government Pleader for respondent Nos.2 and 3.
CORAM : A.S.CHANDURKAR, J.
DATE : March 03, 2017 Oral Judgment :
Land admeasuring 2H 20R from gut No.44 situated at village Dighi, Taluka Babhulgaon, District-Yavatmal came to be acquired for rehabilitation under Bembla river project. The notification under Section 4 of the Land Acquisition Act, 1894 is dated 14/08/2003 and the Land Acquisition Officer passed his award on 31/05/2005. Amount of Rs.57,266/- per hectare was awarded by the Land Acquisition Officer and the Reference Court enhanced the same to Rs.1,75,000/- per hectare. The appellant being aggrieved by said judgment has filed F.A. No.620/2016 while the claimant has filed cross-objection seeking enhancement in the amount of compensation.
Shri Patil, learned counsel for the appellant and Shri Nakshane, learned counsel for the cross-objector-claimant jointly submit that this Court in F.A. No.921/2015 decided on 28/04/2016 has held the amount of ::: Uploaded on - 15/03/2017 ::: Downloaded on - 27/08/2017 18:42:01 ::: 936-J-FA-620-16 3/3 Rs.2,10,000/- per hectare to be fair compensation for the lands from the said village. This adjudication has attained finality and it is being applied in other cases too.
2. In view of aforesaid, for the reasons mentioned in the judgment dated 28/04/2016 in F.A. No.921/2015, the following order is passed :
(i) The judgment of the Reference Court in LAC No.267/2006 dated 11/11/2011 is partly modified. It is held that the claimant is entitled for compensation for the acquired land at the rate of Rs.2,10,000/- per hectare along with all statutory benefits.
(ii) F.A. No.620/2016 consequently stands dismissed.
(iii) Cross-objection No.2/2017 is allowed in aforesaid terms.
(iv) There would be no order as to costs. (v) The claimant is permitted to withdraw the amount of
compensation deposited by the appellant in this Court along with accrued interest.
JUDGE Asmita ::: Uploaded on - 15/03/2017 ::: Downloaded on - 27/08/2017 18:42:01 :::