Sau. Mandakini W/O Kashinath Kale vs The Executive Engineer, Bembla ...
2016 Latest Caselaw 2023 Bom

    908-FA-948-2015                                                                            1/3


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                       
                             NAGPUR BENCH, NAGPUR.




                                                               
                                FIRST APPEAL NO.948 OF 2015
                                              


    Mandakini w/o Kashinath Kale




                                                              
    Age 60 years, Occ. Agriculturist 
    R/o Pahur, Tq. Babhulgaon 
    Dist. Yavatmal.                                                ... Appellants. 




                                                 
    -vs-
    1.  The Executive Engineer,       
         Bembla Project Division,
         Yavatmal.  
                                     
    2.  The Special Land Acquisition Officer,
         Minor Irrigation Works No.II, Yavatmal. 

    3.  The State of Maharashtra
             

         Collector, Yavatmal,  
         Tq. & Dist. Yavatmal.                                     ... Respondents. 
          



    Shri A. B. Nakshane, Advocate for appellant. 
    Shri S. S. Godbole, Advocate for respondent No.1. 





    Ms N. P. Mehta, AGP for respondent Nos.2 and 3. 


                                                CORAM  :  A.S.CHANDURKAR, J.  

                                                 DATE     :  APRIL 28, 2016





    ORAL JUDGMENT : 

As the question of determination of fair compensation has been

considered in F.A. No.863 of 2010 decided on 18/12/2012, the present

appeal is taken up for hearing with the consent of learned counsel for the

parties.

908-FA-948-2015 2/3

2. Land admeasuring 5.16 hectare from Gat No.203 at village

Babhulgaon came to be acquired under Bembla project. The notification

under Section 4 of the Land Acquisition Act, 1894 is dated 11/05/2000. The

Land Acquisition Officer passed his award on 23/04/2004 and granted a

sum of Rs.57,588/- per hectare. In reference proceedings initiated by the

appellant, this amount of compensation was enhanced to Rs.1,38,000/- per

hectare. Being aggrieved, the present appeal seeking further enhancement

has been filed.

3. It is jointly submitted by the learned counsel for the parties that in F.A.

No.863 of 2010 decided on 18/10/2012, an amount of Rs.1,60,000/- per

hectare has been determined as fair compensation. It is agreed between the

parties that the present land is covered by the same notification issued

under Section 4 of the said Act which was the subject matter of adjudication

in F.A. No.863 of 2010 and hence similar compensation is liable to be

granted. Hence for the reasons mentioned in F.A. No.863 of 2010 decided

on 18/10/2012, the following order is passed :

(a) The judgment dated 02/03/2012 in L.A.C. No.533 of 2006 is partly modified. It is held that the appellant is entitled for an amount of Rs.1,60,000/- per hectare as compensation.

(b) In view of order dated 27/10/2015 passed on C.A. No.2710 of 2015, the appellant would not be entitled for interest on the amount of enhanced compensation for the period from 02/03/2012 till

908-FA-948-2015 3/3

27/10/2015.

First Appeal is allowed in aforesaid terms with no order as to

costs.

JUDGE

Asmita