Sagar S/O Ashok Ajmire vs The Executive Engineer, Bembla ...
2017 Latest Caselaw 156 Bom

908-J-FA-308-14                                                                                     1/3


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

                            FIRST APPEAL NO.308 OF 2014
                                           

Sagar Ashok Ajmire 
Aged 32 years.  Occ. Agriculture 
R/o Fattepur, Tq. Babhulgaon 
and Dist. Yavatmal.                                                ...   Appellant. 

V/s 

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

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

3.     State of Maharashtra, 
       through Collector, 
       Yavatmal, 
       Tq.& Ditt. Yavatmal.                                     .....        Respondents.


Shri A. B. Nakshane, Advocate for appellant. 
Shri S. G. Jagtap, Advocate for respondent No.1. 
Shri M. A. Kadu, AGP for respondent Nos.2 and 3.  

                                                  CORAM  :  A.S.CHANDURKAR, J.  

                                                   DATE     : February 28, 2017
       Oral Judgment : 

As the adjudication with regard to the amount of compensation for

lands acquired from the same village and under the same notification

908-J-FA-308-14 2/3

has been adjudicated, the appeal is taken up for hearing with consent

of counsel for the parties.

Land admeasuring 2H 97R from gut No.42 situated at village

Fattepur was acquired for submergence of Bembla river project.

Notification under Section 4 of the Land Acquisition Act, 1894 is dated

31/12/1998. By award dated 22/02/2002 compensation of

Rs.51,203/- per hectare came to be granted. The Reference Court

enhanced the compensation at Rs.1,25,000/- per hectare.

2. It is not disputed that in F.A.No.435/2010 with connected

appeals this Court by judgment dated 26/02/2014 determined the

amount of fair compensation for similar lands to be Rs.1,35,000/- per

hectare. Considering aforesaid adjudication which is not in dispute and

as the present proceedings arise from the same notification, similar

compensation can be awarded.

3. In view of aforesaid, the following order is passed :

Judgment dated 23/10/2008 in LAC No.557/2006 is partly

modified. It is held that the claimant is entitled for compensation at

the rate of Rs.1,35,000/- per hectare with all statutory benefits.

908-J-FA-308-14 3/3

However, in view of order dated 17/02/2014, the appellant would not

be entitled for interest on the enhanced amount of compensation from

23/10/2008 till 17/02/2014.

Appeal is allowed in aforesaid terms with no order as to costs.

JUDGE

Asmita