Bombay High Court
V.I.D.C. Thr Exe. Eng. ... vs Rayabhan Balaji Jadhav (Dead) ... on 4 May, 2016
Bench: A.S. Chandurkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
NAGPUR.
FIRST APPEAL NO. 246 OF 2012
Vidarbha Irrigation Development
Corporation through Executive
Engineer, Khadakpurna Project
Division Deulgaon Raja, Distt.
Buldhana. APPELLANT.
ig VERSUS
Rayabhan Balaji Jadhav
through L.Rs.
i] Kalawati Raybhan Jadhav
aged 65 yrs.
ii] Namdeo Raybhan Jadhav
aged 50 yrs.
iii] Pralhad Raybhan Jadhav
aged 45 yrs.
iv] Suresh Raybhan Jadhav
aged 40 yrs.
v] Ramesh Raybhan Jadhav
vi] Shyam Raybhan Jadhav
aged 30 yrs.
All R/o Mehunaraja, Tah.
Deulgaon Raja, Distt.
Buldhana.
2] The State of Maharashtra
through the Collector Buldhana.
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3] The Special Land Acquisition
Officer, Khadakpurna Project
Buldhana. RESPONDENTS.
Shri A. B. Patil, Advocate for the appellant.
Shri D. A. Sonwane, Advocate for the respondent nos. 1(i) to (vi).
Ms. N. P. Mehta, Assistant Government Pleader for respondent nos. 2 & 3.
CORAM: A. S. CHANDURKAR J.
Dated : MAY 04, 2016.
ORAL JUDGMENT:
In view of pursis stamp no. 10188 of 2014 filed by the appellant
the appeal is taken up for final hearing.
2] The appellant which is the acquiring body is aggrieved by the
judgment of the Reference Court dated 30.07.2009 in Land Acquisition Case
No. 88 of 2006 whereby the Reference Court has partly enhanced the
amount of compensation in favour of the claimant.
3] Lands bearing Gat No. 164, 178 and 141 were the subject matter
of acquisition. The Notification under Section 4 of the Land Acquisition Act,
1894 (for short, the said Act) is dated 24.10.2001 and the Land Acquisition
Officer passed his award on 15.06.2005. The claimant not being satisfied
with the amount of compensation awarded by the Land Acquisition Officer
had filed Reference under Section 18 of the said Act. The Reference Court
partly enhanced the amount of compensation and granted a sum of Rs.
1,24,000/-, Rs. 1,64,000/- and Rs. 1,40,000/- per hectare for the acquired
lands. Being aggrieved the acquiring body has filed the present appeal.
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4] In the pursis filed on behalf of the learned counsel for the
appellant it has been stated that in other proceedings arising out of the same
Notification issued under Section 4 of the said Act pertaining to the lands
acquired from the same village, the Hon'ble Supreme Court in Civil Appeal
No. 11196 of 2013 decided on 13.12.2013 has maintained the amount of
compensation which is granted by the Reference Court under Section 18 of
the said Act. Thus in effect the amounts granted by the Reference Court
have been found to be awarding fair compensation.
5] In view of aforesaid undisputed position, the challenge to the
impugned award dated 30.07.2009 cannot succeed. The amount of
compensation granted by the Reference Court would have to be maintained.
6] In view of the judgment of the Hon'ble Supreme Court in Civil
Appeal no. 11196 of 2013 dated 13.12.2013, the award dated 30.07.2009 in
Land Acquisition Case No. 88 of 2006 stands confirmed. The First Appeal
stands dismissed with no order as to costs.
JUDGE
svk
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