Vidarbha Irrigation Dev. ... vs Shankar Sakharam Adhau And 2 Ors
2017 Latest Caselaw 1933 Bom

 fa965.10.J.odt                                                                                                     1/4




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH, NAGPUR


                              FIRST APPEAL NO.965 OF 2010


           Vidarbha Irrigation Development
           Corporation, through Executive
           Engineer (Irrigation Division),
           Amravati.                                                          ....... APPELLANT


                                             ...V E R S U S...


 1]        Shankar Sakharam Adhau,
           Aged about 70 years, 
           Occupation: Cultivator,
           R/o Karajgaon Gandhighar,
           Tq. Warud, District Amravati.

 2]        The Special Land Acquisition Officer
           No.4, Upper Wardha, Amravati,
           Tq. and District Amravati.
  
 3]       The State of Maharashtra through
          Collector, Amravati,
          Tq. and District Amravati.                         ....... RESPONDENTS
 -------------------------------------------------------------------------------------------
          Shri J.B. Kasat, Advocate for Appellant.
          None for Respondent No.1.
          Mrs. M.H. Deshmukh, AGP for Respondent Nos.2 and 3.
 -------------------------------------------------------------------------------------------

                      CORAM:  N.W. SAMBRE, J. 

                      DATE:      21 st
                                        APRIL, 2017.


 ORAL JUDGMENT





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 1]                   Heard finally.



 2]                   Shri   Kasat,   the   learned   counsel   for   the   appellant

while questioning the enhanced compensation would urge that

the reliance placed by the Reference Court on the sale instances

being Exh.27 is wholly misplaced. According to him, the said

document does not depict as to whether the land, which is stated

in the sale-deed is adjoining land with same cropping pattern and

potential. Apart from above, he would urge that without any basis

exorbitant compensation is awarded for the sale in question. The

learned counsel for the appellant acquiring body would rely upon

the evidence of the claimant. Shri Kasat, then would urge that no

independent evidence is adduced so as to substantiate the

enhanced compensation.

3] None appears for the respondent No.1. With the

assistance of the learned counsel for the petitioner and the

learned Assistant Government Pleader for the respondents No.2 to

3, I have perused the judgment delivered by the Reference Court

in exercise of powers under Section 18 in Land Acquisition Case

No.254 of 2007 granting enhanced compensation at the rate of

Rs.1,47,000/- per hectare.

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 4]                   From   the   evidence   of   the   claimant,   it   should   be

noticed that he was cultivating the land in question and was

harvesting the dry crop like cotton, gram etc.

5] Apart from above, there appears to be a big Well of

60 ft. deep and its diameter is 15 fts. The adjoining land was sold

by the claimant at the rate of Rs.2,20,000/- as would be gathered

from the evidence of the claimant. He has also sought enhanced

compensation for the Mango tree. Apart from above, it is required

to be noted that the Index-2 of the sale instances, the 7/12 extract

states of the Well and the Pump projected thereon. The village

map of the village was also placed on record vide Exh.28, which is

required to be appreciated in the matter of award of

compensation.

6] In my opinion, no case is made out by the acquiring

body so as to interfere in the decision of the enhanced

compensation delivered by the Reference Court.

7] As such the appeal fails and is dismissed accordingly.

 8]                   After   the   appeal   period   is   over,   amount,   if   any,





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deposited before this Court or the Reference Court is permitted to

be withdrawn by the claimant.

JUDGE

NSN