Lalitabai Devidas Ranvir vs State Of Mah Thru Collector, ...
2017 Latest Caselaw 6721 Bom

fa.276.08.jud                                1


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

                       FIRST APPEAL NO.276 OF 2008

Lalitabai Devidas Ranvir,
Aged 39 years, Occ. Cultivator,
R/o At & Post Kurali,
Tah. Umarkhed, Dist. Yavatmal.                                                .... Appellant

       -- Versus -

01]    The State of Maharashtra,
       through Collector, Yavatmal.

02]    The Executive Engineer,
       Minor Irrigation Division,
       Pusad, District Yavatmal.

03]    The Special Land Acquisition Officer,
       Lower Pus Project, Pusad,
       District Yavatmal.                                               .... Respondents


Shri Nitin Vyawahare, Advocate for the Appellant.
Shri A.B. Patil, Advocate for Respondent No.2.
Mrs. H.N. Prabhu, A.G.P. for Respondent Nos.1 & 3.

                CORAM             : KUM. INDIRA JAIN, J.
                DATE              : SEPTEMBER 1, 2017.


ORAL JUDGMENT :-


                This appeal arises out of common judgment and

award dated 27/08/2007 passed by the learned Civil Judge

Senior      Division,           Pusad   in       L.A.C.   No.495/2002            and      other

connected matters.




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02]             In all 42 reference cases under Section 18 of the Land

Acquisition Act came to be decided by the aforesaid common

judgment.          In First Appeal No.1110/2008 and other connected

appeals, this Court has enhanced compensation for dry crop land

at the rate of 83,000/- per hectare and for irrigated land at the

rate of Rs.98,000/- per hectare.               So far as orange trees are

concerned, compensation awarded by this Court is at the rate of

Rs.800/- per tree.



03]             Shri A.B. Patil, learned Counsel for respondent no.2

states that the judgment and order, dated 05/07/2017 passed by

this Court in First Appeal No.1110/2008 and other connected

appeals have not been challenged.                       Shri Nitin Vyawahare,

learned Counsel for appellant submitted Charts showing details

of the area of irrigated and non-irrigated lands and number of

orange trees in the land of each claimants.                          The charts are

marked as "X1" and "X2" for the purpose of identification.



04]             Since the controversy in the present appeal is covered

by    the      judgment         passed   by   this    Court        in    First     Appeal

Nos.1110/2008 with other connected matters, this Court finds it




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appropriate to dispose of the instant appeal in the following

terms:

                                      ORDER

I. The impugned judgment and award of the

Reference Court is modified to the extent that

appellant is entitled to get compensation at the rate

of Rs.83,000/- per hectare for dry crop land,

Rs.98,000/- for irrigated land as per Chart "X1".

II. Appellant is entitled to get compensation for orange

trees at the rate of Rs.800/- per tree as per Chart

"X2".

III. Appellant is further entitled to get other statutory

benefits thereon.

IV. Appeal stands partly allowed in the above terms

with no order as to costs.

*sdw                                                 (Kum. Indira Jain, J)