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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL No.748 OF 2006
AND
CROSS-OBJECTION No.12 OF 2008
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FIRST APPEAL No.748 OF 2006
Maharashtra Industrial Development
Corporation, having its office at Marol
Industrial Estate, Andheri East,
Mumbai and having its Regional
At Udyog Bhavan, Civil Lines, Nagpur,
Through its Chief Executive Officer. : APPELLANT
...VERSUS...
Sampat Mahadeo Watmode,
Aged about 68 years,
Occupation : Cultivation,
Resident on Butibori. (Expired on 31.5.2001)
Through Legal Representatives :
1. Bhagirata wd/o. Sampat Watmode,
Aged 78 years.
2. Namdeo s/o. Sampat Watmode,
Aged 59 years,
Both R/o. Butibori, Tahsil Hingna,
Distt. Nagpur.
3. Collector, Nagpur,
(Special Land Acquisition Officer, General)
Nagpur. : RESPONDENTS
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Shri M.M. Agnihotri, Advocate for the Appellant.
Shri Anand Parchure, Advocate for the Respondent Nos.1 and 2.
Shri M.A. Kadu, Asstt. Government Pleader for Respondent No.3.
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AND
CROSS-OBJECTION No.12 OF 2008
Maharashtra Industrial Development
Corporation, having its office at Marol
Industrial Estate, Andheri East,
Mumbai and having its Regional
At Udyog Bhavan, Civil Lines, Nagpur,
Through its Chief Executive Officer. : APPELLANT
...VERSUS...
Sampat Mahadeo Watmode,
Aged about 68 years,
Occupation : Cultivation,
Resident on Butibori. (Expired on 31.5.2001)
Through Legal Representatives :
1. Smt. Bhagirata wd/o. Sampat Watmode,
Aged 78 years.
2. Namdeo s/o. Sampat Watmode,
Aged 59 years,
Both R/o. Butibori, Tahsil Hingna,
Distt. Nagpur.
3. Collector, Nagpur,
(Special Land Acquisition Officer, General)
Nagpur. : RESPONDENTS
Sampat Mahadeo Watmode,
Expired on 31.5.2001
Through Legal Representatives :
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1. Smt. Bhagirata wd/o. Sampat Watmode,
Aged 78 years.
2. Namdeo s/o. Sampat Watmode,
Aged 59 years. : CROSS-OBJECTORS
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Shri M.M. Agnihotri, Advocate for the Appellant.
Shri Anand Parchure, Advocate for the Respondent Nos.1 and 2/Cross-objectors.
Shri M.A. Kadu, Asstt. Government Pleader for Respondent No.3.
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CORAM : S.B. SHUKRE, J.
th DATE : 30 NOVEMBER, 2017.
ORAL JUDGMENT :
1. This appeal and the cross-objection arise out of the judgment and order dated 29th April, 2006, passed in Land Acquisition Case No.395/1993, by 2nd Joint Civil Judge, Senior Division, Nagpur. The appeal has been filed by the acquiring body, the Maharashtra Industrial Development Corporation (in short, "MIDC") and the cross-objection has been filed by the respondent Nos.1 and 2 (in short, "claimants"). The respondent No.3 is the State for the sake of convenience. The parties to the appeal and the cross-objection are now hereinafter referred to as the MIDC , the claimants and the State.
2. The land of the claimant bearing Survey No.91, admeasuring 1.06 HR, situated at village Rengapar, Tahsil and District Nagpur was acquired by the State for the purpose of development of industrial area ::: Uploaded on - 04/12/2017 ::: Downloaded on - 05/12/2017 01:13:14 ::: J-fa748.06.odt 4/5 by the MIDC. The Reference Court determined the market value of the acquired land to be at Rs.1,25,000/- per hectare. The Reference Court, however, did not grant the claim for enhancement of compensation for the Well. The Land Acquisition Officer granted compensation for the Well at the rate of Rs.16,593/-, whereas amount of Rs.60,000/- was claimed for the Well by the claimant. The market value of the land determined by the Reference Court was not acceptable to the MIDC and rejection of the claim for enhancement of compensation for the Well was also not acceptable to the claimants. Hence, the present appeal and the present cross-objection.
3. So far as determination of the market value of the land is concerned, I must say, the land involved in the present appeal being similar to the land involved in another appeal being First Appeal No.745/2006, decided by this Court on 29 th November, 2017, the same determination would also be applicable to the land involved in the present case. This determination is of Rs.90,000/- per hectare. Learned counsel for the MIDC as well as learned counsel for the claimant do not have any dispute in this regard. However, learned counsel for the claimant submits that some more compensation on account of Well deserves to be granted in the present case. He submits that compensation of Rs.16,593/- granted by the Land Acquisition Officer is quite low. I am afraid, the argument cannot be accepted in the face of ::: Uploaded on - 04/12/2017 ::: Downloaded on - 05/12/2017 01:13:14 ::: J-fa748.06.odt 5/5 clear cut admissions given by the claimants. The claimants admit that the Well used to get dry within two hours of the drawing of the Well water by diesel pump and that the Well was constructed in stone with mud used as mortar. With these admissions, the valuation of the Well made by the Land Acquisition Officer by relying upon the expert's opinion at Rs.16,593/- appears to be just and reasonable and so, I find that there is no substance in the cross-objection. In the result, the appeal deserves to be partly allowed, while the cross-objection deserves to be rejected.
4. The appeal is partly allowed.
5. It is declared that the claimants are entitled to receive compensation at the rate of Rs.90,000/- per hectare.
6. The cross-objection stands dismissed.
7. The impugned judgment and order stand modified in the above terms.
8. Parties to bear their own costs.
9. The M.I.D.C. is permitted to withdraw the amount which is found to be in excess of the amount determined as compensation under this order and which is lying in deposit with this Court, provided a joint Pursis in this regard is filed on record by the M.I.D.C and the claimants.
JUDGE okMksns ::: Uploaded on - 04/12/2017 ::: Downloaded on - 05/12/2017 01:13:14 :::