Udebhan Krushnaji @ Kisan ... vs The State Of Mah. Thru Collector & ...
2017 Latest Caselaw 3298 Bom

244-J-FA-105-08                                                                       1/3


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

                            FIRST APPEAL NO.105 OF 2008



Udebhan Krushnaji @ Kisan Bhendarkar
Aged about 70 years, 
Occ. Agriculturist, R/o Dighi, 
Tq. Babhulgaon, Dist. Yavatmal                            ... Appellant. 

-vs- 

1.  The State of Maharashtra,
     Thr. Collector, Yavatmal, 

2.  Vidarbha Irrigation Development Corporation,
     Thr. Its Executive Engineer, Behind Date College, 
     Yavatmal, 

3.  Special Land Acquisition Officer,
     Bembla Project, Yavatmal.                            ... Respondents.  


Smt S. W. Deshpande, Advocate for appellant. 
Shri Amit Chutake, Assistant Government Pleader for respondent Nos.1 & 3. 
Shri P. B. Patil, Advocate for respondent No.2. 


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

DATE : JUNE 16, 2017

Oral Judgment :

As the quantum of compensation has been adjudicated in appeals

arising out of identical notification, the appeal is heard and decided on the

basis of quantum of compensation which is awarded in identical matters. It

is submitted that in LAC Nos.403/2003 and LAC No.98/2003, the

244-J-FA-105-08 2/3

compensation @ Rs.753/- per sq. meter was awarded by the Reference Court

for the open plot of land and respondent-State has not preferred any appeal

challenging the said amount of compensation. In view thereof in this appeal

also it has to be held that as for the similarly situated lands acquired under

the same notification, the compensation was accepted by the respondent-

State @ Rs.753/- per sq. meter, in this appeal also appellant becomes

entitled to get compensation @ Rs.753/- for the open plot of land.

2. As regards the constructed portion, it is pointed out by learned

counsel for appellant that in F.A.St. No.10738/2016 the Reference Court has

awarded Rs.2100/- per sq. meter for the constructed portion and the said

order was confirmed in the appeal.

In view thereof in the similar condition, the appellant also

becomes entitled to get compensation @ Rs.2100/- per sq. meter for the

constructed portion.

3. As a result, the appeal is allowed partly as follows :

The impugned judgment of the Reference Court is modified to the

extent that appellant is held entitled for compensation for the open plot of

land @ Rs.753/- per sq. meter; whereas in respect of constructed portion of

the land, appellant is entitled to get compensation @ Rs.2100/- per square

meter.

244-J-FA-105-08 3/3

Learned counsel for respondent No.1 submits that enhanced

amount of compensation would be deposited in this Court within period of

six months from today. Statement accepted. On such deposit, the appellant

would be entitled to withdraw the said amount. Ordered accordingly.

Appeal is disposed of accordingly with no order as to costs.

JUDGE

Asmita