Vidarbha Irrigation Development ... vs Kanta Dharamchandji Borundiya ...
2017 Latest Caselaw 9740 Bom

        J-fa730.13.odt                                                                                               1/2      


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


                                      FIRST APPEAL No.730 OF 2013


        Vidarbha Irrigation Development Corporation,
        through its Executive Engineer,
        Bembla Project Divisiion, Yavatmal.          :      APPELLANT

                           ...VERSUS...

        1.    Kanta Dharamichandji Borundiya,
               Aged about 61 years,
               Occupation : Household.

        2.    Anand  Dharamichandji Borundiya,
               Aged about 36 years,
               Occupation : Agriculturist.

               Both R/o. Dabha, Tq. Babhulgaon, Yavatmal,
               Tq. And Distt. Yavatmal.

        3.    The State of Maharashtra,
                through Collector, Yavatmal.

        4.    The Special Land Acquisition Officer,
                Yavatmal.                                                             :      RESPONDENTS


        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri M.A. Kadu, Advocate for the Appellant.
        Shri S. Bhalerao, Advocate for Respondent Nos.1 and 2.
        Shri B.M. Lonare, Asstt. Government Pleader for the Respondent Nos.3 and 4.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                                                      CORAM  :   S.B. SHUKRE, J.

th DATE : 18 DECEMBER, 2017.

ORAL JUDGMENT :

                   J-fa730.13.odt                                                                                               2/2      


                  1.                 Heard.

2. The issue involved in this appeal is squarely covered by the

judgment of this Court delivered on 10 th July, 2012 in group of appeals

starting with First appeal No.557/2007. Shri B..M Lonare, learned Asstt.

Government Pleader for respondent Nos.3 and 4 concedes this fact and

Shri M.A. Kadu, learned counsel for the appellant and learned counsel for

respondent Nos.1 and 2 also agrees that the issue in this appeal is

squarely covered by the said judgment.

3. The Reference Court has granted enhanced compensation at

the rate of Rs.1,20,000/- per hectare for the acquired land and it is seen

from the judgment of this Court in the said appeals that even the

compensation granted at the rate of Rs.1,37,000/- per hectare for the

lands involved in those appeals has been found to be just and proper.

The land involved in this appeal is similar to the lands involved in these

said group of appeals in all respects. Therefore, there is no need to make

any interference with the impugned award.

4. The appeal stands dismissed.

5. Parties to bear their own costs.

JUDGE okMksns