Bombay High Court
Smt. Pushpanjali Wd/O Suresh Pise ... vs The Executive Engineer Bembla ... on 28 February, 2017
Bench: A.S. Chandurkar
31-J-FAST-20336-16
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
First Appeal St. No. 20336 of 2016
1. Pushpanjali wd/o Suresh Pise
aged 48 years,
occupation - Agriculturist,
2. Rutwik s/o Suresh Pise
aged 27 years,
occupation - Education
3. Rutuja d/o Suresh Pise,
Thr. P.O.A. Appellant No.1.
aged 20 years,
occupation - Household,
All nos. 1 to 3 residents of
Nanded Tq. Nanded
Dist. Nanded. ..... Appellants
Versus
1. The Executive Engineer,
Bembla Project Division,
Yavatmal,
Tq. & Distt. Yavatmal.
2. Special Land Acquisition Officer,
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Minor Irrigation Works No.1,
Yavatmal.
3. State of Maharashtra,
through Collector,
Yavatmal,
Tq.& Ditt. Yavatmal. ..... Respondents.
*****
Mr. A. B. Nakshane, Adv., for the appellants.
Mr. S.G. Jagtap, Adv., for respondent no.1.
Ms M. S. Naik Assistant Govt. Pleader for respondent nos. 2 and 3.
*****
CORAM : A.S. CHANDURKAR, J.
Date : February 28, 2017
ORAL JUDGMENT:
01. As the facts involved in this appeal are identical to those in First
Appeal No. 921 of 2015, decided on 28th April, 2016 by this Court, with the
consent of the learned counsel for the parties, the appeal is taken up for final
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hearing.
02. Land admeasuring 5 hectares 67 R of village Dighi, Tq.
Babhulgaon, Distt. Yavatmal, bearing Gat No. 20 was the subject-matter of
acquisition in Land Acquisition Case No.8/47/03-04 of village Dighi. The
notification under Section 4 of the Land Acquisition Act, 1894 [for short "the
said Act"] is dated 14th August, 2003 and the award was passed on 31st
May, 2005. The Land Acquisition Officer granted compensation at the rate of
Rs. 77,444/- per hectare for the land. Being aggrieved, the claimants filed
Land Acquisition Case No. 744 of 2006 seeking enhancement in the amount
of compensation. The Reference Court by its judgment dated 31 st July 2009
enhanced the amount of compensation to Rs.1,65,000-00 per hectare for the
land. The claimants being aggrieved has filed the present appeal seeking
further enhancement.
03. Shri Nakshane, learned counsel for the appellants, submitted that
the appellants are entitled for compensation for the acquired land at the rate
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of Rs.2,10,000-00 per hectare in view of adjudication in First Appeal No. 921
of 2015 arising from the same notification under Section 4 of the said Act.
Shri Jagtap, learned counsel for the respondent no.1, did not
dispute the aforesaid submission.
04. In First Appeal No. 921 of 2015, land situated at village Dighi was
acquired on the basis of notification dated 14th August, 2003 which is
identical to the notification under which the present land is acquired. This
Court had held in the aforesaid appeal that the amount of Rs.2,10,000-00 per
hectare was fair compensation for the acquired land.
05. The following point arises for consideration:-
Whether the judgment of the Reference Court deserves to be
interfered with?
06. In First Appeal No. 921 of 2015, compensation for land situated at
village Dighi was granted at the rate of Rs.2,10,000-00 per hectare.
Considering the fact that an amount of Rs.2,10,000-00 per hectare has been
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granted for land acquired under the same notification, identical amount can
be awarded for the land in the present appeal. Hence, for the reasons
mentioned in the order passed in First Appeal No. 921 of 2015, it is held that
the appellants would be entitled for an amount Rs.2,10,000/- per hectare for
the acquired land.
07. In view of aforesaid, the point as framed is answered by holding
that the judgment of the Reference Court is partly modified to the extent
stated hereinafter.
08. Accordingly, the following order is passed:-
O R D E R
[a] The judgment of the Reference Court dated 31st July 2009 in
Land Acquisition Case No.744/2006 is partly modified. It is
held that the claimants are entitled for compensation of Rs.
2,10,000-00 [rupees two lakhs ten thousand only] per hectare
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for the acquired land. The rest of the award stands confirmed.
[b] In view of order dated 28th February, 2017 on Civil Application
No.586 of 2017, the appellants would not be entitled for
interest on the enhanced amount of compensation for the
period from 31st July 2009 till 28th February 2017.
09. The First Appeal is partly allowed in aforesaid terms. No costs.
Judge
Asmita
