Vithal Damodar Chaudhari vs The Executive Engineer, Bembla ...
2017 Latest Caselaw 9741 Bom

        J-fa1429.17.odt                                                                                               1/3     


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


                                     FIRST APPEAL No.1429 OF 2017


        Vithal Damodar Chaudhari,
        Aged about 59 years, Occupation : Agriculturist,
        R/o. Dighi, Tq. Babhulgaon, Distt. Yavatmal. :      APPELLANT

                           ...VERSUS...

        1.    The Executive Engineer, 
               Bembla Project Division, Yavatmal.

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

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


        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri A.B. Nakshane, Advocate for the Appellant.
        Shri Mangesh Kadu, Advocate for the Respondent No.1.
        Shri H.D. Dubey, Asstt. Government Pleader for Respondent Nos.2 and 3.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                                                      CORAM  :   S.B. SHUKRE, J.

th DATE : 18 DECEMBER, 2017.

ORAL JUDGMENT :

1. Heard.

2. Admit.

3. There is no need to call for any record and proceedings as

the issue involved in this appeal is covered by the judgments passed by

this Court in First Appeal No.1018/2017, decided on 4 th September, 2017

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and First Appeal No.86/2017, decided on 31st January, 2017.

4. In those appeals, this Court determined the true market value

of the land involved therein at Rs.2,10,000/- per hectare. Those lands

and the land involved in the present appeal are similar in all respects

and are also covered by the same notification and same project. All these

lands are from village Dighi. Therefore, I find that the acquired land in

the present case would also have the same market value of Rs.2,10,000/-

per hectare, as has been determined by this Court in the aforestated

appeals and as such I also find that the issue involved in this appeal is

squarely covered by the view already taken in the matter by this Court.

5. Shri M.A. Kadu, learned counsel for respondent No.1 and

Shri H.D. Dubey, learned A.G.P. for respondent Nos.2 and 3 also agree

on this point.

6. In view of above, this appeal deserves to be partly allowed

and it is allowed accordingly.

7. It is declared that the appellant is entitled to receive

compensation at the rate of Rs.2,10,000/- per hectare for the land

acquired.

8. 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 while disposing of Civil

Application No.4762/2017, 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

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made now by this Court and it would be for the period from 6.2.2013 till

18.12.2017.

9. Parties to bear their own costs.

JUDGE okMksns