Bombay High Court
Deepak S/O Madharao Barde And ... vs Vidarbha Irrigation Developmnet ... on 20 December, 2016
Bench: S.B. Shukre
1 924-FA.1234.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
First Appeal No. 1234 of 2016
1. Deepak s/o Madhaorao Barde,
Age - 47 yrs. Occ - Agriculturist.
2. Subhash s/o Madharao Barde,
Age - 52 yrs. Occ - Agriculturist.
3. Rajani wd/o Ramdas Barde,
Age - 58 yrs. Occ - Agriculturist.
4. Pankaj s/o Ramdas Barde,
Age - 36 yrs. Occ - Agriculturist.
All 1 to 4 R/o Kopra, Tq. Babhulgaon,
Dist. Yavatmal.
5. Priya s/o Ramdas Barde,
Age - 34 yrs. Occ - Agriculturist,
R/o Kandali Road Paratwada,
Tq.Achalpur, Dist. Amravati.
6. Umatai w/o Mukundrao Bodkhe,
Age - 63 yrs. Occ - Agriculturist,
R/o Gadge Nagar, Wardha.
7. Mandatai w/o Sharadrao Kevte,
Age - 60 yrs. Occ - Agriculturist,
R/o Dighi, Tq. Babhulgao,
Dist.Yavatmal.
8. Sulbha @ Sulochana w/o Arunrao Charde,
Age - 65 yrs. Occ - Agriculturist,
R/o Dighi, Tq. Babhulgao,
Dist.Yavatmal. ... APPELLANTS
(Ori.Claimants)
// VERSUS //
1. Vidarbha Irrigation Development,
Corporation through Executive
Engineer, Nagpur, V.I.D.C.
Commissioner Officer,
Near GPO Nagpur,
Tq. & Dist. Nagpur.
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2. The Executive Engineer,
Bembla Project Division,
Godhani Road,
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
(Ori.Respondents)
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Shri A. B. Nakshane, Advocate for the Appellants.
Shri S.G.Jagtap and Shri S.S.Godbole, Advocates for Respondent Nos.1 & 2.
Shri N. R. Rode, AGP for Respondent Nos.3 and 4.
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Coram: S. B. Shukre, J.
Dated : 20/12/2016.
ORAL JUDGMENT :
Heard. Admit. Heard finally by consent.
2. The land admeasuring 10.47 hectares, Gut No.65 situated at
Village Dighi, Babhulgaon and Dist. Yavatmal belonging to the appellant
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.77,174/- 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
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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 deserves more compensation. Therefore, this appeal has
been filed by the appellants.
3. Shri A.B.Nakshane, learned counsel for the appellant submits that
in First Appeal No.1062/14 as well as First Appeal No.527/15, this Court
determined the value of the land to be at Rs.2,10,000/- per hectare and
accordingly, 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
respondent Nos.3 and 4.
5. This would give rise to following point :-
Whether the appellants are also 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
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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 18/11/2014 in LAC
Case No.191/06 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 appellants shall not be given any interest on the enhanced compensation
for the period from 18/11/2014 till 18/07/2016.
8. Rest of the impugned Judgment and order is confirmed. There
shall be no order as to costs.
JUDGE
Choulwar
