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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL No.175 OF 2004
Ms. Shobha Shaligram Kadu,
Aged 40 years,
occupation : Agriculturist,
R/o. Thalegaon, Tah. Babhulgaon,
Distt. Yavatmal,
Presently R/o. Bhagchand Nagar,
Ward No.2, Dhamangaon,
Tah. Chandur Railway,
Distt. Amravati. : APPELLANT
...VERSUS...
1. The State of Maharashtra,
through the Collector, Yavatmal.
2. Special Land Acquisition Officer,
Minor Irrigation Circle No.1,
Yavatmal.
3. The Executive Engineer,
Bembla Project, Yavatmal. : RESPONDENTS
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Shri A.P. Kalmegh, Advocate for the Appellant.
Shri B.M. Lonare, Asstt. Government Pleader for the Respondent Nos.1 and 2.
Shri A.B. Patil, Advocate for Respondent No.3.
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CORAM : S.B. SHUKRE, J.
st DATE : 31 OCTOBER, 2017.
ORAL JUDGMENT :
1. This is an appeal preferred by the appellant challenging the ::: Uploaded on - 02/11/2017 ::: Downloaded on - 03/11/2017 01:47:11 ::: J-fa175.04.odt 2/3 judgment and order dated 20th August, 2003, passed by the Civil Judge, Senior Division, Yavatmal, in Land Acquisition Case No.48/1998. By this award, the Reference Court granted enhanced compensation for the compulsory acquisition of the land of the appellant situated at village Pratappur, Tq. Babulgaon, District Yavatmal at the rate of Rs.40,000/- per hectare for the acquired land Gat No.68.
2. Learned counsel for the appellant submits that for the adjoining land situated at Thalegaon, Tq. Babulgaon, District Yavatmal was acquired for the same project and under same Section 4 Land Acquisition Act Notification a Division Bench of this Court fixed the rate of that land at Rs.1,15,000/- her hectare. He submits that it being an adjoining land and also similarly situated, as the land involved in the present appeal, the present appeal could also be decided on similar lines. Shri A.B. Patil, learned counsel for respondent No.3 is in agreement and so is learned A.G.P. for the respondent Nos.1 and 2.
3. On going through the judgment of the Division Bench of this Court rendered in First Appeal No.362/2012 on 29.6.2017, I find substance in the submission made across the bar by the learned counsel for the appellant. Therefore, I have no hesitation in holding that this case is also covered squarely by the view taken by the Division Bench of this Court in the said first appeal and as such this appeal has to be decided in terms thereof.
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4. Accordingly, the appeal is partly allowed.
5. It is declared that the appellant is entitled to receive compensation for her acquired land at the rate of Rs.1,15,000/- per hectare together with all other statutory benefits at the same rate as are granted by the Reference Court.
6. The impugned judgment and order stand modified in the above terms.
7. The parties to bear their own costs.
JUDGE okMksns ::: Uploaded on - 02/11/2017 ::: Downloaded on - 03/11/2017 01:47:11 :::