Rajani Wd/O Ramdas Barde And 2 ... vs Vidarbha Irrigation Development ...
2016 Latest Caselaw 7488 Bom

                                              1                                                  925-FA.1235.16

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                
                           NAGPUR BENCH, NAGPUR.

                                 First Appeal No. 1235 of 2016 




                                                                     
    1.   Rajani wd/o Ramdas Barde,
         Age - 60 yrs. Occ - Agriculturist.




                                                                    
    2.   Pankaj s/o Ramdas Barde,
         P.O.A. for Appellant Nos.1 & 3.
         Age - 38 yrs. Occ - Agriculturist.
         1 & 2 R/o Kopra, Tq. Babhulgaon,




                                                    
         Dist. Yavatmal.

    3.   Priya Ramdas Barde alias
         (Priya Prafulrao Chandurkar),
                                     
         Age - 36 yrs. Occ - Agriculturist,
                                    
         R/o Kandali Road Paratwada,
         Tq.Achalpur, Dist. Amravati.                                    ...      APPELLANTS
                                                                               (Ori.Claimants)

                                           // VERSUS //
           


    1.   Vidarbha Irrigation Development,
        



         Corporation having Head Office
         at Nagpur through Executive
         Director, V.I.D.C. Commissioner Officer,
         Near GPO Nagpur,





         Tq. & Dist. Nagpur.

    2.   The Executive Engineer,
         Bembla Project Division Office,
         Godhani Road, Yavatmal,





         Tq. & Dist. Yavatmal.

    3.   Special Land Acquisition Officer,
         Minor Irrigation Works No.2,
         Yavatmal.

    4.   The State of Maharashtra
         through Collector, Yavatmal,
         Tq. and Dist. Yavatmal.                                         ...   RESPONDENTS




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                                                    2                                                  925-FA.1235.16




                                                                                                     
    ----------------------------------------------------------------------------------------------------
    Shri A. B. Nakshane, Advocate for the Appellants.
    Shri S.G.Jagtap and Shri S.S.Godbole, Advocates for Respondent Nos.1 and 2.




                                                                          
    Shri N. R. Rode, AGP for Respondent Nos.3 and 4.
    ----------------------------------------------------------------------------------------------------

                                             Coram:  S. B.  Shukre, J.

                                             Dated :     20/12/2016.

    ORAL JUDGMENT :




                                                         
                  Heard. Admit. Heard finally by consent.

    2.
                                       

The land admeasuring 2.22 hectares, Gut No.64 situated at Village

Dighi, Babhulgaon and Dist. Yavatmal belonging to the appellants was acquired

for the purpose of Bembla Project. The Notification under Section 4 was issued

on 14th August, 2003 and the award was passed by the Land Acquisition Officer

on 31th May, 2005. The Land Acquisition Officer determined the value of the

land to be at Rs.79,736/- per hectare. Not being satisfied with the same,

reference application under Section 18 was moved by the appellants. The

reference Court considering the evidence available on record enhanced the

compensation to Rs.1,75,000/- per hectare. The appellants were being

dissatisfied with such enhancement, filed the present appeal so that they

deserve more compensation. Therefore, this appeal has been filed by the

appellants.

3. Shri A.B.Nakshane, learned counsel for the appellants submit that in

First Appeal No.1062/14 as well as First Appeal No.527/15, this Court

3 925-FA.1235.16

determined the value of the land to be at Rs.2,10,000/- per hectare and

accordingly, the enhanced compensation was granted in the other matter of

Village Dighi.

4. Shri S.S.Godbole learned counsel for the respondent No.1 does not

dispute this position and so also, Shri N.R.Rode, learned AGP for the

respondent Nos.3 and 4.

5. This would give rise to following point :-

Whether the appellants are entitled to receive compensation @

Rs.2,10,000/- per hectare in the present case ?

After having considered the evidence available on record and the

impugned Judgment and order as well as the Judgments rendered in First

Appeal No.1062/14 and FA No.527/15, I am of the view that the land of the

appellants is similarly situated to those lands involved in the said first appeals

and therefore, there is no reason for me to discriminate between the land of the

present appellants and those lands involved in the said appeals. Consequently, I

find that appellants are also entitled to receive the compensation at the rate of

Rs.2,10,000/- per hectare. The point is answered accordingly. In the

circumstances, this appeal deserves to be allowed.

6. The Judgment of the reference Court dated 07/01/2015 in LAC

Case No.188/06 is partly modified.

7. It is directed that the appellants be given compensation @

Rs.2,10,000/- per hectare for the acquired land. It is further clarified that the

4 925-FA.1235.16

appellants shall not be given any interest on the enhanced compensation for

the period from 07/01/2015 till 18/07/2016.

8. Rest of the impugned Judgment and order is confirmed. There shall

be no order as to costs.

JUDGE

Choulwar