Chief Gen. Manager, W.C.L vs Umrao Narayan Mire & 2 Ors
2016 Latest Caselaw 2143 Bom

                  fa1136.07.odt                                                                                       1/3

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             NAGPUR BENCH : NAGPUR.




                                                                                                                 
                                                      FIRST APPEAL NO.1136 OF 2007




                                                                                  
                   APPELLANT:                                          Chief   General   Manager,   W.C.L.,
                                                                       Jaripatka, Nagpur.

                                                                                                                   
                                                                    -VERSUS-




                                                                                 
                   RESPONDENTS:                                 1. Umrao S/o Narayan Mire, Age about
                                                                   50   years,   Occ-Agriculturist,   R/o   at
                                                                   Gondegaon,   Tah.   Parshivni,   Dist.-
                                                                   Nagpur.




                                                                     
                                                                2. The   State   of   Maharashtra   through
                                     ig                            Collector, Nagpur.
                                                        3. The Special Land Acquisition Officer,
                                                              Pench Project-1, Nagpur.
                                                                                                                                    
                                   
                  Shri C. S. Samudra, Advocate for the appellant.
                  Shri S. P. Kshirsagar, Advocate for respondent No.1.
                  Shri H. R. Dhumale, Asstt. Government Pleader for respondent Nos.2 &
                  3.
      


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                                                               CORAM: A.S. CHANDURKAR, J.

DATED: 2nd MAY, 2016.

ORAL JUDGMENT :

1. This appeal under Section 54 of the Land

Acquisition Act 1894 (for short, the said Act) takes

exception to the judgment of the Reference Court

dated 26-06-2007 in L.A.C. No.117 of 1998.

2. Land admeasuring 1 Hectare 81R from

Survey No.36 and land admeasuring 1 Hectare 23R

fa1136.07.odt 2/3

from Survey No.37, both situated at village

Gondegaon, Tah. Parshivni, District Nagpur were the

subject matter of the acquisition. The notification

under Section 4 of the said Act is dated 25-4-1993 and

the award was passed on 25-6-1996. The Land

Acquisition Officer granted compensation @

Rs.41,967/- and Rs.42,435/- per hectare for said

lands. The Reference Court partly enhanced the

compensation only in so far as the trees are concerned.

Being aggrieved by said enhancement, the present

appeal has been filed.

3. In para 18 of the impugned judgment, it has

been stated that in so far as the trees are concerned,

the rates which are granted in L.A.C. No.74/1999 was

being granted in the present case. It is to be noted

that the judgment in L.A.C. No.74 of 1999 was

challenged in First Appeal No.786/2006 which has

been dismissed today by maintaining the enhancement

granted by the Reference Court. It is further not in

dispute that the number of trees for which the

compensation has been granted are as per the

e-statement annexed to the award. Considering the

fa1136.07.odt 3/3

fact that the enhancement has been granted by the

Reference Court by relying upon the judgment in

L.A.C. No.74/1999 and the amounts granted therein

by way of enhancement have been confirmed in First

Appeal No.786 of 2006, the award of the Reference

Court is liable to be maintained.

4. In view of aforesaid and for the reasons

mentioned in First Appeal No.786/2006, the following

order is passed:

The judgment dated 26-6-2007 in L.A.C.

No.17/1998 stands confirmed. The first appeal is

dismissed with no order as to costs.

JUDGE

//MULEY//