Bombay High Court
Doma Jago Sonwane vs Vidarbha Irrigation Developmetn ... on 16 March, 2016
Bench: Ravi K. Deshpande
fa1022.07.J.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.1022 OF 2007
ALONG WITH
CROSS OBJECTION NO.37 OF 2013
Vidarbha Irrigation Development
Corporation through its
Executive Engineer,
Bembla Project Division, Yavatmal. ....... APPELLANT
...V E R S U S...
1] Doma Jago Sonwane,
Aged about 65 years,
Occ: Agriculturist,
R/o Bhatmarg, Tq. Babhulgaon,
Dist. Yavatmal.
2] The State of Maharashtra through
the Collector, Yavatmal.
3] The Special Land Acquisition
Officer, Bembla Project Division,
Yavatmal. ....... RESPONDENTS
----------------------------------------------------------------------------------------------------
Shri A.B. Patil, Advocate for Appellant.
Shri A.B. Nakshane, Advocate for Respondent No.1.
Shri M.A. Kadu, AGP for Respondent Nos.2 and 3.
----------------------------------------------------------------------------------------------------
CORAM: R.K. DESHPANDE, J.
th MARCH, 2016.
DATE: 16
ORAL JUDGMENT
1] The matter is taken up for final hearing by consent of the
learned counsels appearing for the parties.
fa1022.07.J.odt 2/4
2] In Land Acquisition Case No.219 of 2005 under Section 18
of the Land Acquisition Act, the Reference Court has by its judgment and
order dated 03.02.2007 directed payment of compensation of
Rs.3,65,194/- along with all the statutory benefits to the
respondent no.1 - claimant. This appeal has been preferred by the
acquiring body challenging the enhancement of compensation.
3] The controversy involved in this appeal and the
cross-objection, pertains to Gat No.99 and Gat No.45; both from the
village Bhatmarg, Tq. Babhulgaon, Disttrict Yavatmal. The irrigated land
admeasuring 2.42 HR out of Gat No.99 has been acquired, whereas dry
crop land admeasuring 1.87 HR out of Gat No.45 has been acquired.
For the irrigated land, the Reference Court has granted compensation of
Rs.1,50,000/- per hectare, whereas for dry crop land the compensation is
awarded at the rate of Rs.1,20,000/- per hectare.
4] The claim for enhancement of compensation in respect of
dry crop land awarded by the Reference Court has not been pressed.
However, in respect of irrigated land it is the contention raised by the
claimants that the controversy is covered by the common judgment of
this Court delivered on 05.02.2016 in First Appeal No.632 of 2013 and
First Appeal No.1117 of 2007. This Court has accepted the compensation
at the rate of Rs.1,80,000/- per hectare for irrigated land. This fact is not
fa1022.07.J.odt 3/4
disputed by the parties to the appeal. It is also not disputed that the
lands involved in the said first appeals were acquired on the basis of the
same notification, for the same project, and in respect of it, the award
was also the same. All other things not being in dispute, the claimants in
the present case would be entitled to enhancement of compensation at
the rate of Rs.1,80,000/- for 2.42 HR of the land out of Gat No.99.
The judgment and order passed by the Reference Court therefore, needs
to be modified to that extent.
5] In the result, the appeal as well as cross-objection are
disposed of, by an order as under:
i] The claimant would be entitled compensation at the rate of
Rs.1,80,000/- for the irrigated land of 2.42 HR out of Gat
No.99.
ii] The compensation at the rate of Rs.1,20,000/- awarded by
the Reference Court for the dry crop land of 1.87 HR out of
Gat No.45 is maintained.
iii] All other statutory entitlements available to the claimants
shall be calculated on the enhanced amount.
fa1022.07.J.odt 4/4
iv] The enhancement in respect of the trees being marginal, the
same is maintained.
6] The acquiring body has deposited some amount in this
Court. The claimant shall be permitted to withdraw the entire amount
along with the interest accrued thereon. After working out the
calculations, if it is found that the claimants are entitled to further
amount from the acquiring body, the same shall be paid to the claimants
within a period of six months thereon. No costs.
JUDGE
NSN
