Bombay High Court
Deorao S/O Ganpatrao Gawande ... vs The State Of Maharashtra, Through ... on 10 October, 2017
Bench: S.B. Shukre
FA (ST) 23028/16 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
FIRST APPEAL (ST) N
O
. 23
028
/20
16
Deorao S/o Ganpatrao Gawande
(Dead) through Legal Heirs-
1. Mohan S/o Deorao Gawande,
Aged 41 Years, Occ: Service,
2. Pramod S/o Deorao Gawande,
Aged 38 Years, Occ: Agriculturist,
Nos.1 & 2 R/o Village Bori,
Tah. Digras, Dist. Yavatmal.
3. Sau. Nirmala W/o Rameshrao Mahule,
Aged 54 Years, R/o Shastrinagar,
Digras, Tah. Diggras, Dist. Yavatmal.
4. Sau. Premila W/o Balaji Choure,
Aged 46 Years, R/o Suyog Nagar,
Yavatmal, Tah. & Dist. Yavatmal.
5. Sau. Nalini W/o Vishwanath Choudhari,
Aged 44 Years, Occ.: Orthal,
Tah. Darwah, Dist. Yavatmal. APP ELL
ANT
.....VERSUS.....
1. The State of Maharashtra.
2. The Collector, Yavatmal.
3. Special Land Acquisition Officer,
Benefitted Zone, Arunawati Project,
Digras, Tah. Diggras, Dist. Yavatmal. RESPONDE
NT
S
Shri BR.J. Shinde, Counsel for the appellant.
Shri N.D. Dubey, A.G.P. for the respondents.
CORAM : S. B. SHUKRE
, J.
DATE
: 10 OCTO BER , 2017 .
TH
FA (ST) 23028/16 2 Judgment
ORAL JUDGMENT
Heard learned counsel for the appellant and learned A.G.P.
for respondents.
ADMIT.
There is no need to call for record and proceedings as the
issue involved in this appeal is squarely covered by the Judgment of this
Court in Civil Application (F) No.2830 with First Appeal St. No.
20562/2015 and First Appeal No.871/2017 decided on 26.07.2017.
2. The land of the appellant was acquired for the purposes of
Arunavati Irrigation Project which was admeasuring 13 hectare situated
at village Kalsa, District Yavatma.. The acquired land comprised irrigated
portion and non-irrigated portion. The Reference Court, by its Judgment
and order dated 13.04.1992, determined the market value of the irrigated
portion to be at Rs.60,000/- per hectare and thus partly allowed the
reference under Section 18 of the Land Acquisition Act. In Civil
Application (F) No.2830/2016 with First Appeal St. No.20562/2015,
decided on 1st February, 2017, this Court found that the rate of the land
from the same area, which is irrigated one, should have been of Rs.
1,30,000/-. Same is the ratio taken by this Court in First Appeal No.
871/2017.
FA (ST) 23028/16 3 Judgment
3. In the present case, the acquired land is similarly situated as
the land is involved in Civil Application (F) No.2830/2016 with First
Appeal St. No.20562/2015, decided on 1st February, 2017 (irrigated one)
and First Appeal No.871/2017 decided on 26.07.2017. There is no
dispute about this fact. Therefore, I am of the view that even for the
acquired land in the instant case, same rate as was determined by this
Court in the above referred appeals, would have to be fixed for giving just
and proper compensation.
4. In the circumstances, I find that the market value of the
acquired land in the present case is of Rs.1,30,000/- per hectare, it being
irrigated land and accordingly, the compensation deserves to be given at
this rate to the appellant and it is so given.
5. The appellant would also be entitled to receive other benefits
regarding interest, solatium etc. at the same rates as given by the
Reference Court in its judgment and order dated 04.03.1992, however,
with the modification that interest granted by the Reference Court at 9%
p.a. on excess amount shall be for one year from the date of possession.
It is made clear that the appellant would not be entitled to receive
interest on the enhanced compensation, according to this order for the
period from 13.04.1992 till date. The appeal is allowed accordingly.
6. The impugned judgment and order stands modified in the
above terms.
FA (ST) 23028/16 4 Judgment
7. If there is any deficit on account of payment of Court fees,
same be made over and paid within two weeks from the date of order.
No costs.
The appeal is disposed of.
JUDGE
SHRIPAD
