Vidarbha Irrigation Development ... vs Rambhau Zapraji Pardakhe And 3 ...
2016 Latest Caselaw 2134 Bom

                  fa1261.13.odt                                                                                  1/4


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                            
                                         NAGPUR BENCH : NAGPUR.

                                                   FIRST APPEAL NO.1261 OF 2013




                                                                                    
                   APPELLANT:                             Vidarbha   Irrigation   Development
                                                          Corporation,   through   its   Executive
                                                          Engineer,   Bembala   Project   Division,




                                                                                   
                                                          Yavatmal.
                                                                      
                                                               
                                                                -VERSUS-




                                                                     
                   RESPONDENTS: 1.   ig                                Rambhau Zapraji Pardakhe through Lrs:

((Appeal abates against respondent No.1.)

1a. Dnyaneshwar S/o Rambhau Pardakhe,

Aged major, R/o Gajanan Colony, Near Kali mata Temple, Chandur Rly. Distt. Amravati.

1b. Pralhad S/o Rambhau Pardakhe, Aged

major, R/o Dighi Punarvasan-2, Gimona Phata, Tah. Babhulgaon, Distt.

Yavatmal.

1c. Sou. Bebitai W/o Trambak Kanase, Aged Major, R/o Yenas, Tah. Nandgaon- Khandeshwar, Distt. Amravati.

1d. Smt. Shobhatai W/o Ravindra Pardakhe, Aged Major, 1e. Dilesh S/o Ravindra Pardakhe, Aged Major,

1f. Manisha D/o Ravindra Pardakhe, Aged Major No.1d to 1f are R/o Dighi Punarvasan-2, Gimona Phata, Tah. Babhulgaon, Distt. Yavatmal.

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                                                          1g.          Sou.   Manjusha   W/o   Vilas   Kohle,   Aged

major, R/o Near Devghar Apartments,

Sham Nagar, Amravati.

1h. Manoj Dnyaneshwar Pardakhe, aged

Major, R/o Dighi, Tq. Babulgaon, Dist. Yavatmal.

(Appeal abates against 2. Baynabai w/o Rambhau Pardakhe, respondent No.2.)

3. The State of Maharashtra through the Collector, Yavatmal, Tq. And District Yavatmal.

The Special Land Acquisition Officer, Bembla Project, Yavatmal.

Shri S. S. Godbole, Advocate for the appellant. Shri A. B. Nakshane, Advocate for Lrs of the respondent Nos.1 & 2. Ms. N. P. Mehta, Assistant Government Pleader for respondent

Nos.3 & 4.

WITH

CROSS-OBJECTION NO.13 OF 2013 IN

FIRST APPEAL ST. NO.7178 OF 2012

CROSS 1. Rambhau S/o Zapraji Pardakhe and OBJECTOR:

2. Bsaynabai Rambhau Pardakhe were dead through common legl heirs: 2a) Dilesh Ravindra Pardakhe, Age-31, Occ-

Agriculturist, 2b) Manoj Dyneshwar Pardakhe, Age-43

Occ-Agriculturist, Both R. No.2a and 2b R/o Dighi, Tq. Babhulgaon, Dist.- Yavatmal.

-VERSUS-

fa1261.13.odt 3/4

RESPONDENTS: 1. Vidarbha Irrigation Development

Corporation, through its Executive Engineer, Bembala Project Division, Yavatmal.

2. The State of Maharashtra through Collector Yavatmal.

3. The Special Land Acquisition Officer,

Bembla Project Yavatmal.

Shri A. B. Nakshane, Advocate for the objectors

Shri S. S. Godbole, Advocate for the respondent No.1. Ms. N. P. Mehta, Assistant Government Pleader for respondent

Nos.2 & 3.

CORAM: A.S. CHANDURKAR, J.

                                   
                                                     DATED:  2
                                                               nd      MAY,  2016.


                  ORAL JUDGMENT :  
      

1. In view of pursis filed by the claimant the appeal as

well as the cross-objections are taken up for final hearing.

2. Lands admeasuring 5 hectares 9R and 7 Hectare 81 R

at village Bhatmarg Tah Babhulgaon District Yavatmal were

acquired pursuant to notification dated 17-12-1998 issued under

section 4 of the Land Acquisition Act, 1894 (for short, the said

Act). The Land Acquisition Officer passed award dated 16-6-2001

enhancing the amount of compensation to Rs.1,10,000/- per

hectare. Being aggrieved by the enhancement, the acquiring body

has filed First Appeal No.1261/2013 while the claimant has filed

fa1261.13.odt 4/4

cross objections seeking further enhancement. In First Appeal

No.1035/2007 with cross objection No.51/2013 relating to lands

acquired from the said village and under the same notification

issued under Section 4 of the said Act, by judgment dated

20-2-2014 an amount of Rs.1,20,000/- per hectare has been

granted as fair compensation. This fact is not disputed by the

learned Counsel for the parties.

3. Hence, for reasons assigned in the judgment in First

Appeal No.1035/2007 dated 20-2-2014 referred to herein above,

the following order is passed.

(1) First Appeal No.1261/2013 filed by the acquiring body

stands dismissed.

(2) Cross objection No.13/2013 filed by the claimants is

partly allowed and amount of compensation for land is enhanced

to Rs.1,20,000/- per hectare. Rest of the award passed by the

Reference Court in LAC No.144/2005 stands confirmed.

(3) The cross objectors would be entitled to receive the

amount of enhanced compensation deposited by the appellant in

this Court. The first appeal and the cross-objections stand disposed

of in aforesaid terms.

JUDGE

//MULEY//