Bombay High Court
Vidarbha Irrigation Development ... vs Sundrabai Wd/O Ragho Rathod & Ors on 23 March, 2016
Bench: Ravi K. Deshpande
1 fa698.06.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 698 of 2006
Vidarbha Irrigation Development Corporation,
through Executive Engineer,
Minor Irrigation Division No.2
Akola APPELLANT
...VERSUS...
1]
Sundrabai wd/o Ragho Rathod,
aged 60 years, Occ. Nil.
2] Harishchandra Ragho Rathod,
aged about 40 years, Occ. Nil
3] Mulchand Ragho Rathod,
aged about 40 years, Occ. Nil
4] Devidas Ragho Rathod,
aged 36 years, Occ. Nil.
5] Sau. Maina Kailash Chauhan,
aged about 34 years, Occ. Household.
6] Mathura Ragho Rathod,
aged about 26 years, Occ. Nil.
All 1 to 4 and 6 R/o. Padsinghi,
Tq. Patur, Distt. Akola, and No.5
R/o. Mandwa, Tq. Mehkar, Distt. Buldhana.
7] The State of Maharashtra,
through Collector, Akola ...... RESPONDENTS
-------------------------------------------------------------------------------------------
Shri A.B.Patil, Advocate, for appellant.
Shri M.A.Kadu, AGP for Respondent no. 7
None for other respondents.
-------------------------------------------------------------------------------------------
::: Uploaded on - 30/03/2016 ::: Downloaded on - 31/07/2016 10:06:59 :::
2 fa698.06.odt
CORAM: R. K. DESHPANDE, J.
rd
DATE : 23
MARCH, 2016 .
ORAL JUDGMENT
1] The matter is taken up for final hearing at the
request of the learned counsel appearing for the appellant
who has invited my attention to the common judgment and
order passed by this Court on 24.01.2013 in First Appeal No.
293 of 2006 and other connected matters and submits that
the same order can govern the controversy involved in the
present case.
2] In the present case, the operative portion of the
order passed by the Reference Court on 19.04.2006 in Land
Acquisition Case No. 52 of 1994 is reproduced below.
i] The reference is hereby party allowed with cost.
ii] The price of the land is fixed at Rs.15,000/- per acre
with 5% per annum increase in the market value from
the date of notification.
Iii] The respondents are directed to pay the difference of
the amount of compensation within three months from
the date of receipt of this award along with 30%
solatium and other benefits available under the Land
Acquisition Act.
3] This Court has in the judgment delivered on
3 fa698.06.odt
24.01.2013 passed in First Appeal No. 293 of 2006 clarified
the judgment in paragraph No.3 as under;.
"3. It is held that the claimant shall be entitled to the
price of the land at Rs.16,500/- per acre for the
acquired land with all statutory benefits under the
Land Acquisition Act regarding solatium and other
benefits. The appeal is, thus dismissed with no order
as to costs."
4] The present appeal is, therefore, disposed of
holding that the claimants shall be entitled to price of the land
at the rate of Rs.16,500/- per acre for the acquired land with
all statutory benefits under the Land Acquisition Act including
solatium and other benefits.
The appeal stands disposed of with this
modification. No order as to costs.
JUDGE
Rvjalit
