Hanumant Laxman Adagale & Anor vs The State Of Mah. Thru. Collector & ...
2017 Latest Caselaw 6722 Bom

fa.62.08.jud                          1


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

                        FIRST APPEAL NO.62 OF 2008

01]    Hanumant Laxman Adagale,
       Aged 57 years.

02]    Ashiram Laxman Adagale,
       Aged 45 years.

03]    Smt. Manish Ashok Adagale,
       Aged 35 years.

       All r/o Kurali, Tah. Umarkhed,
       Dist. Yavatmal.                                            .... Appellants

       -- 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 Appellants.
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 :-




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                 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.


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 appellants 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.




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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

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

appellants are 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. Appellants are entitled to get compensation for

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

Chart "X2".

III. Appellants are 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)