The Executive Engineer, Minor ... vs Mahadeo Tukaram Masharkar, Since ...
2017 Latest Caselaw 6560 Bom

                                               1




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                         NAGPUR BENCH : NAGPUR



First Appeal No. 356 of 2017 

Appellant                :          The Executive Engineer, Minor Irrigation

                                    Division, Chandrapur

                                    versus

Respondents              :          1)   Sambha Tukaram Masharkar, since

deceased, through his legal heir

Sambha Mahadeo Masalkar, aged about

55 years, Occ: Farmer, resident of Chikni,

Tahsil Warora, District Chandrapur

2) State of Maharashtra, through the

Special Land Acquisition Officer, Chandrapur

Ms Jayashree Alkari, Advocate for appellant

Ms Kirti Satpute, Advocate for respondent no. 1

Ms Mrinal Naik, Asst. Govt. Pleader for respondent no. 2

Coram : S. B. Shukre, J

Dated : 28th August 2017

Oral Judgment

1. In view of order passed separately on CAF No. 3389 of 2017,

taken up for final hearing by consent of parties.

2. Heard learned counsel for the parties. It is submitted on

behalf of the appellant that the issue involved in this appeal is squarely

covered by the judgment of this Court delivered in First Appeal (St) No.

12253 of 2015 on 20th April 2017 (brother N. W. Sambre, J) inasmuch as

the land involved in this appeal is similar to the land involved in the said

appeal. There is no dispute about this fact. Besides, the issue involved in

this matter has been decided by common judgment by the Reference

Court. This common judgment was rendered in several land acquisition

cases, one of which being LAC No. 765 of 2008 in respect of which the

present appeal has been filed. This common judgment was delivered on

28th August 2014 and it has been confirmed in one of the appeals, FA (St)

No. 12253 of 2015 (supra) to the extent of the issue involved in that

case. But, as stated earlier, the land in the present appeal is similar to the

land involved in the appeal decided by this Court on 20 th April 2017.

Therefore, this appeal deserves to be decided on similar lines as the

judgment of this Court dated 20th April 2017 rendered in FA(St) No.

12253 of 2015.

3. Accordingly, I find that the enhanced compensation granted

by the Reference Court @ Rs. 1,37,000/- per hectare cannot be faulted

with in any manner. No interference with the impugned award is

warranted. The appeal deserves to be dismissed.

4. In the result, appeal stands dismissed. Parties to bear their

own costs.

S. B. SHUKRE, J

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