Jageshwar S/O Laxmanrao Mehetre vs The State Of Maharashtra Thr. The ...
2017 Latest Caselaw 5205 Bom

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

                          FIRST APPEAL NO. 224 OF 2014

               Jageshwar s/o Laxmanrao Mehetre
               Aged about 52 years
               Occupation: Agriculturist
               R/o Bhatmarg, Tah. Babhulgaon
               District-|Yavatmal.           .......                                    APPELLANT

                              ...V E R S U S...

1]             The State of Maharashtra
               Through the Collector
               Yavatmal.

2]             Sub Divisional Officer &
               Land Aquisition Officer,
               Bembla Project,Yavatmal

3]             The Executive Engineer,
               Bembla Project, Yavatmal                             ......RESPONDENTS

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         Shri S. K. Paunikar, Advocate for Appellant.
         Shri M. A. Kadu, AGP for Respondent No. 1 & 2.
         Shri S. G. Jagtap, Advocate for respondent no.3
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               CORAM :  SMT. DR. SHALINI PHANSALKAR-JOSHI, J. 

               DATE    :  28 th
                                JULY, 2017.

ORAL JUDGMENT

This appeal is preferred by the original claimant, against the

judgment and order of Second Ad-hoc Additional District Judge,

Yavatmal, passed on 20.8.2005, being aggrieved by the inadequate

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amount of compensation awarded by the Reference Court for acquisition

of his land bearing Gat No. 70, admeasuring 2.42 H.R., situated at

Bhatmarg, Tah. Babhulgaon, District-Yavatmal.

2] Learned counsel for appellant has produced on record the

copy of the common judgment passed by this Court in First Appeal No.

632 of 2013 and First Appeal No. 117 of 2007, to submit that in that

judgment, this Court has placed reliance on the judgment in First Appeal

No.1035 of 2007 with Cross Objection No. 51 of 2013 decided by

common judgment dated 28.2.2014. In the said judgment this Court has

accepted the rate of Rs.1,28,000/- per hectare for dry crop land.

3] The land involved in those appeals was covered by the

Notification under Section 4 issued on 17.12.1998 and the award passed

on 16.6.2001. The present appeal also arises out of the same

Notification and the same award. The acquisition of land is also for the

same purpose. In the present case the acquired land of the appellant is

dry crop land. Hence, the compensation awarded by this Court at the

rate of Rs.1,28,000/- per hectare for dry crop land will have to be

accepted in the present appeal also. Hence, for the reasons stated in the

decision in First Appeal No. 1035 of 2007, the appellant would be

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entitled to get compensation at the rate of Rs.1,20,000/- per hectare for

his acquired land admeasuring 2.42 H.R. out of Gat No. 17.

4] Accordingly, the appeal is allowed, with no order as to costs.

The impugned judgment and order of the Reference Court is

modified by holding the appellant entitled to get the compensation at

the rate of Rs.1,20,000/- per hectare along with the statutory benefits.

The appeal is disposed of in above terms.

JUDGE RGIngole