Bombay High Court
Narayan S/O Ganpat Kawalkar vs The Executive Engineer, Bembla ... on 28 July, 2016
Bench: Prasanna B. Varale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
FIRST APPEAL NO. 1038 OF 2012
APPELLANT : Vidarbha Irrigation Development Corporation,
through its Executive Engineer,
Bembla Project Division, Yavatmal.
- VERSUS -
RESPONDENTS : 1] Narayan Ganpat Kawalkar,
Aged about 74 years, Occupation - Agriculturist,
ig R/o Pahur, Tah. Babhulgaon, Dist. Yavatmal.
2] The State of Maharashtra,
through the Collector, Yavatmal,
Tah. and Distt. Yavatmal
3] The Special Land Acquisition Officer,
Minor Irrigation Works-II, Yavatmal.
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Mr. J. B. Kasat, Advocate for the appellant.
Mr. A. B. Nakshane, Advocate for the respondent no.1
Mr. M. M. Ekare, A.G.P. for the respondent nos.2 and 3.
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WITH
FIRST APPEAL NO. 895 OF 2011
APPELLANT : Narayan Ganpat Kawalkar,
Aged about 68 years, Occupation - Agriculture
R/o Pahur, Tah. Babhulgaon, Dist. Yavatmal.
- VERSUS -
RESPONDENTS : 1] The Executive Engineer,
Bembla Project Division, Yavatmal.
Tq. and Dist. Yavatmal.
2] Special Land Acquisition Officer,
Minor Irrigation Works No.II, Yavatmal.
3] The State of Maharashtra,
through the Collector, Yavatmal,
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Mr. A. B. Nakshane, Advocate for the appellant.
Mr. J. B. Kasat, Advocate for the respondent no.1
Mr. M. M. Ekare, A.G.P. for the respondent nos.2 and 3.
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CORAM : PRASANNA B. VARALE, J.
th
DATED : 28 JULY, 2016
ORAL JUDGMENT
1. Heard.
2. Both the First Appeals are admitted. First Appeal No. 1038 of
2012 is admitted on 15.12.2012 and First Appeal No.895 of 2011 is admitted
on 27.01.2012.
3. Both these First Appeals arise out the same judgment and award
passed by the learned Civil Judge, Senior Division, Yavatmal, dated
23.02.2011 in Land Acquisition Case No. 428 of 2006. In First Appeal No.
1038/2012, the appellant - Vidarbha Irrigation Development Corporation, the
acquiring body, is before this Court challenging enhancement in compensation
awarded by the respondent-SLAO, whereas in First Appeal No. 895/2011, the
appellant/original claimant is before this Court seeking further enhancement
in value of the acquired land and grant additional components and solatium
on enhanced compensation.
4. Mr. Nakshane, the learned counsel for the original claimant
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submits that in other connected appeals, arising out of same Section 4
notification, dated 11.05.2000 for acquisition of the lands from village Pahur,
District Yavatmal, this Court partly allowed the appeals filed by the claimants,
thereby confirming the rate of the acquired land from Pahur village. This
Court, by the judgment and order dated 11.12.2014 in First Appeal No.
304/2014 has fixed the rate of land of village Pahur at the rate of
Rs.1,60,000/- per hectare.
5] It is submitted that in the present appeals also, the land acquired
is from village Pahur and the other attending circumstances are similar,
namely Section 4 notification, which is dated 11.05.2000. It is thus
submitted that the present appeal be disposed of on the similar terms. Mr.
Nakshane, the learned counsel for the original claimant invited my attention
to the judgment and order in First Appeal No. 304 of 2014 as well the
reported judgment of this Court in 2013 (2) Mh.L.J. 456 in the case of
V.I.D.C., Yavatmal .vs. Anjali D/o Sharad Ballal and others.
6] Mr. Kasat, the learned counsel for the acquiring body (VIDC)
fairly submits that he is not disputing the factual position namely the First
Appeals, arising out of acquisition of the land from village Pahur, district
Yavatmal and Section 4 notification dated 11.05.2000, were decided by this
Court by the judgment and order 11.12.2014 in Fist Appeal No. 304/2014
and by the reported judgment of this Court in V.I.D.C. .VS. Anjali Sharad
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Ballal's case (supra), relied on by the claimant.
7] In view of above position, the appeal (First Appeal No.
1038/2012) filed by the acquiring body - Vidarbha Irrigation Development
Corporation is dismissed.
The appeal (First Appeal No. 895/2011) filed by the original
claimant is partly allowed. The claimant shall be entitled for compensation at
the rate of Rs.1,60,000/- per hectare with all other statutory benefits like
solatium, additional component and interest, less the amount already granted
by the learned Reference Court. Rest of the claim is dismissed. There shall
be no order as to costs.
Considering the order of this Court in First Appeal No.632/2013
and another connected appeal, dated 05.02.2016, the acquiring body i.e.
V.I.D.C. is directed to deposit the amount in the Reference Court within a
period of six months from today.
Both the first appeals are disposed of in the aforesaid terms.
JUDGE
Diwale
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C E R T I F I C A T E
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Uploaded By : Parag P. Diwale Uploaded on: 01.08.2016
