Bombay High Court
Vidarbha Irrigation Development ... vs Narayan Khushal Meshram And 6 ... on 21 November, 2017
Bench: S.B. Shukre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
First Appeal No. 122 of 2014
Appellant : Vidarbha Irrigation Development Corporation,
through its Executive Engineer, Bembala Project
Division, Yavatmal
Versus
Respondents: 1) Narayan Khushal Meshram, aged about 69
years, resident of Khadaksawanga, Tahsil
Babhulgaon, District Yavatmal
2) Sau Tai w/o Shrawan Tekam... Dead, through
her legal representatives -
2 (i) Santosh Shrawan Tekam, aged about 41
years
2 (ii) Mala Shrawan Tekam, aged 44 years
2 (iii) Sau Kunda Rakesh Kumbhare, aged 41 yrs
2 (iv) Rajesh Shrawan Tekam, aged 40 years
3. Sau Manda w/o Ramdas Kumare, resident of
Netaji Nagar, Near Ladhiwala Petrol Pump,
Yavatmal
4. Shankar Narayan Meshram, aged about 29
years, resident of Khadaksawanga, Tahsil
Babhulgaon, District Yavatmal
5. The State of Maharashtra
6. The Collector, Yavatmal
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Shri J. B. Kasat, Advocate for appellant
Shri K. S. Narwade, Advocate for respondents no. 1 to 4
Shri B. M. Lonare, AGP for respondents no. 5 and 6
Coram : S. B. Shukre, J
Dated : 21st November 2017
Oral Judgment
1. This appeal challenges the legality and correctness of the
judgment and award dated 30.3.2011 rendered in Land Acquisition Case
No. 271 of 2000 by the Court of Civil Judge, Senior Division, Yavatmal.
2. The land of the claimants was acquired for the purposes of
Bembla Project, which was situated at village Thalegaon, Tahsil
Babhulgaon, Diwtrict Yavatmal. Section 4 of the Land Acquisition Act
notifiation was issued on 27.10.1994. In other connected matters being
First Appeals No. 451 of 2010 and 523 of 2010, both decided on
21.9.2017, this Court determined the market value of the lands involved
therein, to be at Rs. 90,000/- per hector. Notifications in those cases were
issued about one year prior to the notification issued in the instant case.
Those lands are similar to the land involved in the present case. But, the
notification in the present case has been issued and published one year
later than the notification issued and published in those appeals and so,
some escalqation of price or in the value of the land acquired in the
present case, would be due, to the claimants. If that escalation is granted,
the market value of the land acquired in the present case comes to Rs.
98,000/- per hector, which can be rounded off to Rs. 1,00,000/- per
hector.
3. Accordingly, I find that the market value of the acquired land
in the present case is of Rs. 1,00,000/- per hector and the claimants are
entitled to receive compensation at this rate, together with same statutory
benefits as are granted by the Reference Court.
4. In the result, appeal is partly allowed. It is declared that the
claimants are entitled to receive compensation for their acquired land at
the rate of Rs. 1,00,000/- per hector together with same statutory
benefits, as are granted by the Reference Court. The impugned Award
stands modified in the above terms. Parties to bear their own costs.
The claimants are permitted to withdraw the amount
deposited in this Court to the extent permitted by this order and rest of
the amount be refunded to the appellant, both to be done with accrued
interest, if any.
S. B. SHUKRE, J
joshi
