Ashok S/O Damodar Chaudhari vs V. I. D. C. Through The Executive ...
2017 Latest Caselaw 456 Bom

936-J-FA-620-16                                                                     1/3


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

                            FIRST APPEAL NO.620 OF 2016


Vidarbha Irrigation Development
Corporation Thr. Executive Engineer, 
Bembla Project Division, Yavatmal.                     .. Appellant. 

-vs-

1.  Ashok Damodhar Chaudhary
     Aged about 53 years, Occ. Agriculturist
     R/o Dighi, Tq. Babhulgaon, 
     Dist. Yavatmal 

2.  The State of Maharashtra,
     Thr. The Collector, Yavatmal, 
     Tq. & Dist. Yavatmal. 

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

                                              WITH 
                              CROSS OBJECTION NO.2 OF 2017
                                                IN
                               FIRST APPEAL NO.620 OF 2016


Ashok Damodhar Chaudhary
Aged about 53 years, Occ. Agriculturist
R/o Dighi, Tq. Babhulgaon, 
Dist. Yavatmal                                         ... Cross objector. 

Vs.  

1.  Vidarbha Irrigation Development
     Corporation Thr. Executive Engineer, 
     Bembla Project Division, Yavatmal.         

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



         ::: Uploaded on - 15/03/2017               ::: Downloaded on - 27/08/2017 18:42:01 :::
 936-J-FA-620-16                                                                             2/3


     Tq. & Dist. Yavatmal. 

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


Shri P. B. Patil, Advocate for appellant and for respondent No.1 in XOB 
No.2/2017. 
Shri A. B. Nakshane, Advocate for respondent No.1 and for cross-objector in 
XOB No.2/2017. 
Ms H. N. Prabhu, Assistant Government Pleader for respondent Nos.2 and 3. 

                                                  CORAM  : A.S.CHANDURKAR, J. 

DATE : March 03, 2017

Oral Judgment :

Land admeasuring 2H 20R from gut No.44 situated at village

Dighi, Taluka Babhulgaon, District-Yavatmal came to be acquired for

rehabilitation under Bembla river project. The notification under Section 4

of the Land Acquisition Act, 1894 is dated 14/08/2003 and the Land

Acquisition Officer passed his award on 31/05/2005. Amount of

Rs.57,266/- per hectare was awarded by the Land Acquisition Officer and the

Reference Court enhanced the same to Rs.1,75,000/- per hectare. The

appellant being aggrieved by said judgment has filed F.A. No.620/2016 while

the claimant has filed cross-objection seeking enhancement in the amount of

compensation.

Shri Patil, learned counsel for the appellant and Shri Nakshane,

learned counsel for the cross-objector-claimant jointly submit that this Court

in F.A. No.921/2015 decided on 28/04/2016 has held the amount of

936-J-FA-620-16 3/3

Rs.2,10,000/- per hectare to be fair compensation for the lands from the said

village. This adjudication has attained finality and it is being applied in

other cases too.

2. In view of aforesaid, for the reasons mentioned in the judgment

dated 28/04/2016 in F.A. No.921/2015, the following order is passed :

(i) The judgment of the Reference Court in LAC No.267/2006 dated

11/11/2011 is partly modified. It is held that the claimant is entitled for

compensation for the acquired land at the rate of Rs.2,10,000/- per hectare

along with all statutory benefits.

(ii) F.A. No.620/2016 consequently stands dismissed.

(iii) Cross-objection No.2/2017 is allowed in aforesaid terms.

(iv)             There would be no order as to costs.  

(v)              The   claimant   is   permitted   to   withdraw   the   amount   of

compensation deposited by the appellant in this Court along with accrued

interest.

JUDGE

Asmita