Ashok Baliram Komawar vs The Collector & Ors
2017 Latest Caselaw 3918 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               NAGPUR BENCH, NAGPUR


                        FIRST APPEAL NO. 153 OF 2006


      Ashok s/o. Baliram Komawar,
      Aged about 52 years, Occ. Cultivator,
      R/o. Pusad, Tah. Pusad,
      Dist. Yavatmal                                  ... APPELLANT

                ..... VERSUS
                           .....

      1        The Collector, Yavatmal

      2        The Regional Officer, MIDC, Amravati,
               Dist. Amravati

      3        The Land Acquisition Officer / Sub
               Divisional Officer, Pusad, 
               Dist. Yavatmal                         ...RESPONDENT

      -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
              Mr.K.S.Narwade, Advocate for Appellant
             Mr. Chutke, AGP for Respondent Nos. 1 & 3
       -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

               CORAM    :DR.SMT. SHALINI PHANSALKAR-JOSHI,  J.

               DATE       : JULY 3, 2017. 





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      ORAL JUDGMENT    :


      1        This   appeal   is   preferred   by   the   original   claimant

against the judgment and order of the Reference Court

dated 12.4.2005 passed by learned 2 nd Adhoc Additional

District Judge, Pusad in L.A.C. No. 155/1993.

2 It is submitted by learned counsel for appellant that

in this case, the Land Acquisition officer has awarded

compensation @ Rs. 12,000/- per hector, whereas,

Reference Court enhanced it to Rs. 22,100/- per hector. It

is further submitted that, under the same Notification dated

2.11.1989, the other lands of the same village were also

acquired and in those matters when the claimants preferred

the reference petition before the Reference Court, the

amount of compensation was enhanced to Rs. 1,20,000/-.

The Maharashtra Industrial Development Corporation

(MIDC), the acquiring body challenged the said Award.

The said judgment and order of Reference Court in First

Appeal No. 149/2005 and various connected appeals came

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to be dismissed by this Hon'ble Court vide its common

judgment and order dated 16.2.2017.

3 In view thereof, it is submitted by learned counsel

appearing for respondent submits that the present appeal

stands covered under the said judgment. Accordingly, the

appeal is allowed. The impugned judgment and order of

the Reference Court is modified to the extent that the

amount of compensation is enhanced from Rs. 22,100/- per

hector to Rs. 1,20,000/- per hector. The appellant will be

entitled to all the statutory benefits to be calculated by

acquiring body. Appeal is disposed of in above terms.

JUDGE

belkhede, PA