fa.276.08.jud 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.276 OF 2008
Lalitabai Devidas Ranvir,
Aged 39 years, Occ. Cultivator,
R/o At & Post Kurali,
Tah. Umarkhed, Dist. Yavatmal. .... Appellant
-- Versus -
01] The State of Maharashtra,
through Collector, Yavatmal.
02] The Executive Engineer,
Minor Irrigation Division,
Pusad, District Yavatmal.
03] The Special Land Acquisition Officer,
Lower Pus Project, Pusad,
District Yavatmal. .... Respondents
Shri Nitin Vyawahare, Advocate for the Appellant.
Shri A.B. Patil, Advocate for Respondent No.2.
Mrs. H.N. Prabhu, A.G.P. for Respondent Nos.1 & 3.
CORAM : KUM. INDIRA JAIN, J.
DATE : SEPTEMBER 1, 2017.
ORAL JUDGMENT :-
This appeal arises out of common judgment and
award dated 27/08/2007 passed by the learned Civil Judge
Senior Division, Pusad in L.A.C. No.495/2002 and other
connected matters.
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02] In all 42 reference cases under Section 18 of the Land
Acquisition Act came to be decided by the aforesaid common
judgment. In First Appeal No.1110/2008 and other connected
appeals, this Court has enhanced compensation for dry crop land
at the rate of 83,000/- per hectare and for irrigated land at the
rate of Rs.98,000/- per hectare. So far as orange trees are
concerned, compensation awarded by this Court is at the rate of
Rs.800/- per tree.
03] Shri A.B. Patil, learned Counsel for respondent no.2
states that the judgment and order, dated 05/07/2017 passed by
this Court in First Appeal No.1110/2008 and other connected
appeals have not been challenged. Shri Nitin Vyawahare,
learned Counsel for appellant submitted Charts showing details
of the area of irrigated and non-irrigated lands and number of
orange trees in the land of each claimants. The charts are
marked as "X1" and "X2" for the purpose of identification.
04] Since the controversy in the present appeal is covered
by the judgment passed by this Court in First Appeal
Nos.1110/2008 with other connected matters, this Court finds it
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fa.276.08.jud 3
appropriate to dispose of the instant appeal in the following
terms:
ORDER
I. The impugned judgment and award of the Reference Court is modified to the extent that appellant is entitled to get compensation at the rate of Rs.83,000/- per hectare for dry crop land, Rs.98,000/- for irrigated land as per Chart "X1". II. Appellant is entitled to get compensation for orange trees at the rate of Rs.800/- per tree as per Chart "X2".
III. Appellant is further entitled to get other statutory benefits thereon.
IV. Appeal stands partly allowed in the above terms with no order as to costs.
*sdw (Kum. Indira Jain, J)
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