Bombay High Court
Western Coalfields Ltd., Thru. ... vs Abaji Tanba Kamble & 3 Ors on 1 August, 2017
Bench: Dr. Shalini Phansalkar-Joshi
fa827.08.J.doc 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.827 OF 2008
AND
CROSS OBJECTION NO.11 OF 2010
Western Coalfields Ltd.,
through the General Manager,
Wani Area, Tadali,
District Chandrapur. ....... APPELLANT
...V E R S U S...
1] Abaji s/o Tanba Kamble,
Aged about 42 years,
Occ: Service,
R/o Nagpur CMPIL Quarter
No.B/6, Jaripatka, Nagpur,
Tq. & Dist. Nagpur.
2] Rajaram s/o Tanba Kamble,
Aged about 35 Yrs.,
Occ: Agriculturist,
R/o Belora, Tq. Wani,
District Yavatmal.
3] The State of Maharashtra,
represented by the Collector,
Yavatmal, Tq. & Dist. Yavatmal.
4] The Spl. Land Acquisition Officer,
Benefitted Zone, Yavatmal. ....... RESPONDENTS
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Shri A.S. Mehadia, Advocate for Appellant.
Shri A.R. Chutke, AGP for Respondent Nos.3 and 4.
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CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J.
DATE: st
1 AUGUST, 2017.
ORAL JUDGMENT
1] Both this appeal and cross-objection are arising out of
the judgment and order dated 08.02.2005 passed by Civil Judge,
Senior Division, Kelapur in Land Acquisition Case No.348/2002.
2] By this judgment and order, the Reference Court has,
under section 18 of the Land Acquisition Act 1894, granted
compensation of Rs.60,000/- to the respondent-claimant.
Being aggrieved by the inadequate amount of compensation, the
claimant has approached this Court by way of cross-objection,
whereas the appellant which is an acquiring body is having
grievance about the exorbitant amount of compensation awarded
by the Reference Court.
3] I have heard learned counsel for the appellant and
respondent and it is brought to my notice that in respect of the
same "Naigaon Open Cast Project" and under the same
notification issued under section 4 of the Land Acquisition Act
dated 13.05.1993, the common award was declared by S.L.A.O.
on 29.02.1996. Against the said award, various claimants had
filed reference petitions under section 18 of the Land Acquisition
Act and the Reference Court was pleased to fix the amount of
compensation at the rate of Rs.60,000/- to Rs.80,000/- per
hectare. In all about 13 appeals were preferred by the acquiring
body, which is also the appellant in this case challenging these
judgments and all those 13 appeals came to be decided by this
Court vide its judgment and order dated 06.09.2012 passed in
First Appeal No.368/2005 and other connected appeals. All these
appeals came to be dismissed, holding that whatever amount of
compensation is fixed by the Reference Court is just, legal and
correct. In my considered opinion as the present appeal is also
covered under the same judgment, this appeal also needs to be
dismissed.
4] Even as regards, the cross-objection, I find that once
this Court has arrived at a conclusion that whatever amount of
compensation, which is fixed by the Reference Court in this
proceeding is just, fair, adequate and reasonable, then at the
instance of the respondent-claimant also, the said amount cannot
be changed or enhanced. Therefore, the cross-objection also needs
to be dismissed.
5] At this stage, learned counsel for respondent-claimant
submits that as per the order passed by this Court, only 50% of
the amount of compensation awarded by the Reference Court is
deposited in the Court. In view thereof, the appellant is directed
to deposit the balance amount of compensation within a period of
two months.
6] The appeal and cross-objection there in thus stand
dismissed with no order as to costs.
JUDGE
NSN
