V.I.D.C. Thr. Its Exe. Engg. Lower ... vs Annaji Marotrao Vandalkar And ...
2016 Latest Caselaw 1765 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                                                     
                                                             
                              FIRST APPEAL NO. 1033 OF 2012 


                Vidarbha Irrigation Development




                                                            
                Corporation, Sinchan Bhavan, Civil Lines,
                Nagpur, through Executive Engineer,
                Lower Wardha Project Division,
                Wardha       ......                                              APPELLANT




                                              
                              ig      ...VERSUS...

     1.         Annaji Marotrao Vandalkar,
                aged about 70 years, Occ. Agriculturist,
                            
                R/o. Shidodi,
                Tq. Tiosa, Distt. Amravati.

     2.         The State of Maharashtra, through
      

                Collector, Amravati.
   



     3.         The Special Land Acquisition Officer
                (Upper Wardha Project) No. IV, Amravati,
                Tq. And Distt. Amravati.......                  RESPONDENTS





     -------------------------------------------------------------------------------------------
     Shri S.S.Godbole, counsel for appellant.
     Smt. S.W.Deshpande, counsel for Respondent no. 1
     Shri M.A.Kadu, AGP, for Respondent No.2 and 3
     -------------------------------------------------------------------------------------------





                              CORAM: R. K. DESHPANDE, J.

                              DATE    : 22     nd  APRIL 2016 .


     ORAL JUDGMENT

Heard finally by consent of learned counsels

appearing for the parties.

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              2]               In First Appeal  No. 159 of 2007 (V.I.D.C.   vrs.




                                                              
              Ramesh     Janraoji   Sawant   and   others),   decided   on

12.04.2007, this Court has maintained the rate of Rs.60,000/-

per hectare for the land acquired. The reasons are recorded

in the said judgment.

3] The learned counsels appearing for the parties

submit that the controversy involved in the present case is

covered by the aforesaid decision and accordingly the

claimants shall be entitled to uniform rate of Rs.60,000/- per

hectare for acquisition of 0.87 HR land out of Survey No.

49/5 and 2.36 HR land out of Survey No. 42/1. The order

passed by the Reference Court awards compensation at the

rate of Rs.60,000/- per hectare and it is required to be

maintained. There is no challenge to the other part of the

award passed by the Reference Court in Land Acquisition

Case No. 40 of 2001, decided on 08.10.2010.

4] In view of above, it is held that the claimants

shall be entitled to compensation at the rate of Rs.60,000/-

per hectare for the entire land acquired out of Survey No.

3 fa1033.12.odt

49/5 and 42/1. Accordingly, the entitlement of the claimants

shall be calculated. The present appeal is dismissed.

5] In view of this, the claimants shall be permitted

to withdraw the entire amount deposited by the appellant in

this Court along with interest, if any, accrued thereon.

JUDGE

Rvjalit