State Of Mah. & Anor vs Trambak Kaduba Tayade And 2 Ors
2017 Latest Caselaw 9232 Bom

                                                  1




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                         NAGPUR BENCH : NAGPUR



First Appeal No. 370  of 2008

 

Appellants :             1)  State of Maharashtra 

                         2) The Special Land Acquisition Officer, Minor
                         Works, Buldhana

                         Versus

Respondents:             1)  Trimbak Kaduba Tayade, aged about 34 yrs

                         2) Gajanan Kaduba Tayade, aged about 53 yrs

                         3) Janabai Kaduba Tayade, aged about 40 yrs

                         All Farmers and residents of Kardi, Tahsil and 
                         District Buldana

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Shri M. A. Kadu, Assistant Government Pleader for appellant None appears for respondents

Coram : S. B. Shukre, J

Dated : 30th November 2017

Oral Judgment

1. This is an appeal which challenges the legality and

correctness of the judgment and order dated 8.2.2005 commonly passed

in about 81 land acquisition cases by the Civil Judge, Senior Division,

Buldhana. This appeal arises out of the Land Acquisition Case No. 69 of

1996, decided by the Reference Court.

2. The acquired land in the present case forms a chunk of all the

lands acquired for the purpose of construction of a water tank at mouza

Kardi, Tahsil and District Buldhana. In First Appeal No. 153 of 2008 and

First Appeal No. 209 of 2008, decided on 29 th November 2017, arising out

of the same judgment and order, as impugned herein, this Court has

confirmed the rates of land, well and trees determined by the Reference

Court. The rate of land with irrigation facility has been determined by the

Reference Court to be at Rs. 90,000/- per hectare while it is determined

at Rs. 75,000/- per hectare for dry-crop land and these rates have been

confirmed by this Court.

3. The acquired land in the present case, as stated earlier, is a

part of the larger chunk of the lands acquired for water tank project at

mouza Kardi. It was a land having irrigation facility where there were

standing trees and well. It being similar to those lands as are involved in

First Appeal No. 153 of 2008, there is no reason for this Court to take a

different view of the matter. The facts of this case and the facts involved

in the said appeals, particularly, FA No. 153 of 2008, are not disputed by

learned Assistant Government Pleader for the appellant-State and so, this

appeal would have to be decided on the similar lines.

4. In the circumstances, I find that this appeal deserves to be

dismissed and it is dismissed accordingly. No costs.

S. B. SHUKRE, J

joshi/wadode