Bombay High Court
The Executive Engineer,Minor ... vs Smt.Anusuyabai Wd/O Nathuji Ade & ... on 4 April, 2016
Bench: Ravi K. Deshpande
1 fa.575.04.jud
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.575 OF 2004
Appellant : The Executive Engineer,
Minor Irrigation Project Division,
Pusad, District Yeotmal.
-- Versus --
Respondents
: 1] Smt. Anusuyabai wd/o Nathuji Ade,
aged 65 years.
2] Uttam s/o Nathuji,
aged 42 years.
3] Ankush s/o Nathuji Ade,
aged about 35 years.
4] Vinayak s/o Nathuji Ade,
aged 33 years.
5] Gunwant s/o Nathuji Ade,
aged 24 years.
6] Ku. Vanita d/o Nathuji Ade,
aged about 24 years.
7] Sau. Meerabai w/o Parshram Meshram,
aged about 35 years.
All r/o Warud (Jahangir),
Tal. Ralegaon, Dist. Yeotmal.
8] Sau. Minabai w/o Vithalrao Soyam,
aged about 40 years,
R/o Chicholi, Tah. Ralegaon, Dist. Yeotmal.
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2 fa.575.04.jud
9] State of Maharashtra,
through the Collector, Yeotmal.
10] Special Land Acquisition Officer,
Benefited Zone, Yeotmal.
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Shri A.B. Patil, Advocate for the Appellant.
Shri A.R. Sambre, Advocate for Respondent Nos.1 to 8.
Shri A.M. Deshpande, A.G.P. for Respondent Nos.9 and 10
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CORAM : R.K. DESHPANDE, J.
DATE : APRIL 4, 2016
ORAL JUDGMENT :-
01] In Land Acquisition Case No.61 of 1993, the Reference
Court has enhanced the compensation at the rate of Rs.18,000/- per
hectare for acquisition of 3 hectare and 72 ares of land out of Survey
No.47, located at Mouza Warud, Tahsil Ralegaon, District Yeotmal as
against the rate of Rs.11,998/- per hectare granted by the Land
Acquisition Officer, the acquiring body is before this Court challenging
the enhancement.
02] One of the grounds raised in this appeal is that the
acquiring body was not party to the proceedings before the Reference
Court and hence, remand of the matter is sought.
3 fa.575.04.jud
03] The points for determination are as under :
i. Whether in the absence of acquiring body being joined as a
party-respondent in the reference under Section 18 of the
Land Acquisition Act, 1894, the award passed by the
Reference Court stands vitiated?
ii. Whether the Reference Court was right in awarding the
compensation at the rate of Rs.18,000/- per hectare for the
land acquired?
04] The enhancement is based upon the Sale-Deeds at Exh.24
and Exh.25 dated 29/01/1988 and 07/06/1989 respectively, which are
proximate to the date of notification issued under Section 4 of the Land
Acquisition Act, 1894 (hereinafter referred to as 'the Act' for the sake of
brevity) on 13/10/1988. The said sale instance at Exh.25, which is prior
to the date of notification, has been relied upon. It is held that the land
is situated at Shivar of Village Warud and is therefore, comparable to
the said sale instances produced on record from the Village Zadgaon,
which is at the distance of 1½ kms. The enhancement is meagre and,
therefore, I do not find any error in the enhancement of compensation
4 fa.575.04.jud
granted by the Reference Court and I also do not find any reason to
remand the matter back to the Reference Court for reconsideration, as
the matter is pending here since last more than ten years.
In the result, the appeal is dismissed. No costs.
*sdw
ig JUDGE
