Ashok Damodar Chaudhary vs The Executive Engineer, Bembla ...
2017 Latest Caselaw 6497 Bom

        J-fa980.17.odt                                                                                                     1/3  


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


                                      FIRST APPEAL No.980 OF 2017


        Ashok Damodar Chaudhary,
        Age --- years, Occu. : Agriculturist,
        R/o. Dighi, Tq. Babhulgaon, Distt. Yavatmal.                                 :      APPELLANT

                           ...VERSUS...

        1.    The Executive Engineer,
               Bembla Project Division, Yavatmal.
               Tq. And Distt. Yavatmal.

        2.    Special Land Acquisition Officer,
               Minor Irrigation Works No.1,
               Yavatmal.

        3.    The State of Maharashtra,
               through Collector, Yavatmal,
               Tq. And Distt. Yavatmal.                                               :      RESPONDENTS

        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri A.B. Nakshane, Advocate for the Appellant.
        Shri V.G. Palshikar, Advocate for the Respondent No.1.
        Shri M.A. Kadu, Asstt. Government Pleader for Respondent Nos.2 and 3.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

                                                       CORAM  :   S.B. SHUKRE, J.

rd DATE : 23 AUGUST, 2017.

ORAL JUDGMENT :

1. Heard.

2. The appeal is already admitted.

3. The record and proceedings have not been called as the issue

involved in this appeal has been covered by the judgment passed by this

Court in First Appeal No.921/2015 and First Appeal No.86/2017.

J-fa980.17.odt 2/3

4. In view of above, this appeal has been heard finally by

consent of the parties.

5. The land of the claimant Gat No.43/1, 45/6 and 47,

admeasuring 1.21 Hr., 1.21 Hr and 2.10 Hr. has been acquired, which

was from Dighi Village, for Bembla river project and Section 4

Notification was issued on 14th August, 2003. The Land Acquisition

Officer passed an award on 31st May, 2005 and granted compensation of

@ Rs.76,905/- Rs.77,916/- and 77,309 per hectare as against the

demand of Rs.2,50,000/- per hectare. The dispute was carried by way

of reference to the Court of Civil, Senior Division and the adjudication

given by the Reference Court was to the effect that the market value of

the land determined by the Land Acquisition Officer being on the lower

side was required to be enhanced and fixed at Rs. 1,65,000/- per

hectare. Accordingly, this rate was found to be a correct

representative of the market value of the acquired land and thus

the impugned order was passed by the Reference Court on 9.9.2011.

6. In First Appeal No. 921/2015, similar land as the one

involved in this appeal situated at Village Dighi was found to be

having a market value of Rs.2,10,000/ per hectare by this Court

and this rate was accordingly granted to the claimant in First Appeal No.

921/2015 by this Court.

7. In First appeal No.86/2017 also the land acquired was from

Dighi Village and had similarities with the land involved in First Appeal

J-fa980.17.odt 3/3

No.921/2015 and, therefore, this Court, by the judgment and order

dated 31st January, 2017 disposed of the appeal by granting the rate for

the acquired land at Rs. 2,10,000/- per hectare.

8. In the instant case, we have seen that the land acquired was

from village Dighi for Bembla River Project under the same notification

and was covered by this same award dated 31 st May, 2005. The land is

also similar to the lands involved in First Appeals No.86/2017 and

921/2015. Therefore, I have no hesitation to hold that the market value

of the land acquired in this appeal would also be of the rate of

Rs.2,10,000/- per hectare and accordingly it is declared that the claimant

is entitled to receive the compensation at the rate of Rs.2,10,000/- per

hectare for the land acquired. The impugned Award stands modified to

this extent while remaining parts of the award stand confirmed.

However, it is made clear that in view of order passed by this Court on

16.8.2017 the claimant shall not be entitled to receive any interest on

that portion of the compensation which is due and payable to the

claimant on account of the enhancement in compensation made now by

this Court and it would be for the period from 9.9.2011 till 23 rd August,

2017.

9. Parties to bear their own costs.

JUDGE okMksns