Executive Engineer, Medium ... vs Shri Ruprao S/O Kashiram Mohriya, ...
2017 Latest Caselaw 7840 Bom

FA  746/16                                                   1                          Judgment

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

                              FIRST APPEAL  N
                                               O
                                                  . 
                                                    746
                                                       /20
                                                          16
                                                             

Executive Engineer, Medium Project,
Laxmi Bhavan Square, Dharampeth,
Nagpur.                                                                           APP ELL
                                                                                         ANT
                                                                                            
                                         .....VERSUS.....

1.      Ruprao S/o Kashiram Mohriya,
        (DEAD)
L.Rs.

1a.     Smt. Anjubai Wd/o Ruprao Mohriya,
        Aged 70 Years, Occ.: Nil.

1b.     Smt. Vimal W/o Balkishanji Khapuriya,
        Aged 55 Years, Occ.: Housewife.

1c.     Madhukar S/o Ruprao Mohriya,
        Aged 48 Years, Occ.: Agriculturist.

1d.     Nirmala W/o Shriram Mohriya,
        Aged 40 Years, Occ.: Housewife.

1e.     Raju S/o Ruprao Mohriya,
        Aged 32 Years, Occ.: Agriculturist.

All R/o Jourwada, Tah. Karanja, Dist. Wardha.
2.      State of Maharashtra,
        through Collector, Wardha.
3.      Special Land Acquisition Officer,
        Katol, Dist. Nagpur.                                                         RESPONDE
                                                                                              NT
                                                                                                 S
                                                                                                   


               Shri Anoop Parihar & Abhijit Parihar, counsel for the appellant.
             Shri C.R. Najbile & Shruti Najbile, counsel for the respondent No.1.
     Ms H.N. Jaipurkar, Assistant Government Pleader for the non-applicant Nos.2 and 3.


                                                 CORAM    :         S. B. SHUKRE              ,  J.

DATE : 5 OCTO BER , 2017 .

                                                                          TH




ORAL JUDGMENT 





 FA  746/16                                             2                            Judgment

I have heard learned counsel for the appellants, learned

Assistant Government Pleader for the respondent Nos.2 & 3 and learned

counsel Shri Patil for respondent No.1. I have gone through the

impugned award and Paper Book of this appeal. I have also gone through

the Judgment commonly delivered in a group of appeals started with First

Appeal No.1110/2008 on 5th July, 2017 by this Court. I am of the view

that the issue involved in this appeal, which pertains to true market value

of the acquired dry crop land, is squarely covered by the findings

recorded by this Court in the said Common Judgment rendered on 5th

July, 2017. Apart from the similarity between the lands involved in those

appeals and in the present appeal, there is also similarity in terms of

Section 4-A of the Land Acquisition Act notification, situation and the

purpose of acquisition. Learned counsel for both the sides as well as

learned A.G.P. are in agreement over this situation. Therefore, this

appeal can also be disposed of on similar grounds as the Judgment dated

5th July, 2017.

2. Accordingly, the appeal is partly allowed. It is declared that

the appellant is entitled to receive compensation at the rate of Rs.

83,000/- per hector for the acquired land together with all other statutory

benefits at the same rates as granted by the reference Court. The

FA 746/16 3 Judgment

impugned award stands modified in the above terms. Parties to bear

their own costs.

The first appeal stands disposed of accordingly.

JUDGE

SHRIPAD