Ms.Shobha Shaligram Kadu vs The State Of Mah. Thr. Yavatmal And ...
2017 Latest Caselaw 8288 Bom

        J-fa175.04.odt                                                                                                     1/3  


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


                                      FIRST APPEAL No.175 OF 2004

        Ms. Shobha Shaligram Kadu,
        Aged 40 years,
        occupation : Agriculturist,
        R/o. Thalegaon, Tah. Babhulgaon, 
        Distt. Yavatmal, 
        Presently R/o. Bhagchand Nagar, 
        Ward No.2, Dhamangaon, 
        Tah. Chandur Railway,
        Distt. Amravati.                                                             :      APPELLANT

                           ...VERSUS...

        1.    The State of Maharashtra, 
               through the Collector, Yavatmal.

        2.    Special Land Acquisition Officer,
               Minor Irrigation Circle No.1, 
               Yavatmal.

        3.   The Executive Engineer, 
              Bembla Project, Yavatmal.                                               :      RESPONDENTS


        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri A.P. Kalmegh, Advocate for the Appellant.
        Shri B.M. Lonare, Asstt. Government Pleader for the Respondent Nos.1 and 2.
        Shri A.B. Patil, Advocate for Respondent No.3.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                                                       CORAM  :   S.B. SHUKRE, J.

st DATE : 31 OCTOBER, 2017.

ORAL JUDGMENT :

1. This is an appeal preferred by the appellant challenging the

J-fa175.04.odt 2/3

judgment and order dated 20th August, 2003, passed by the Civil Judge,

Senior Division, Yavatmal, in Land Acquisition Case No.48/1998. By this

award, the Reference Court granted enhanced compensation for the

compulsory acquisition of the land of the appellant situated at village

Pratappur, Tq. Babulgaon, District Yavatmal at the rate of Rs.40,000/-

per hectare for the acquired land Gat No.68.

2. Learned counsel for the appellant submits that for the

adjoining land situated at Thalegaon, Tq. Babulgaon, District Yavatmal

was acquired for the same project and under same Section 4 Land

Acquisition Act Notification a Division Bench of this Court fixed the rate

of that land at Rs.1,15,000/- her hectare. He submits that it being an

adjoining land and also similarly situated, as the land involved in the

present appeal, the present appeal could also be decided on similar lines.

Shri A.B. Patil, learned counsel for respondent No.3 is in agreement and

so is learned A.G.P. for the respondent Nos.1 and 2.

3. On going through the judgment of the Division Bench of this

Court rendered in First Appeal No.362/2012 on 29.6.2017, I find

substance in the submission made across the bar by the learned counsel

for the appellant. Therefore, I have no hesitation in holding that this

case is also covered squarely by the view taken by the Division Bench of

this Court in the said first appeal and as such this appeal has to be

decided in terms thereof.

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4. Accordingly, the appeal is partly allowed.

5. It is declared that the appellant is entitled to receive

compensation for her acquired land at the rate of Rs.1,15,000/- per

hectare together with all other statutory benefits at the same rate as are

granted by the Reference Court.

6. The impugned judgment and order stand modified in the

above terms.

7. The parties to bear their own costs.

JUDGE okMksns