Nirmalabai W/O Purnanand Bansod vs Vidarbha Irrigation Development ...
2017 Latest Caselaw 6763 Bom

        J-fa1018.17.odt                                                                                               1/3     


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


                                     FIRST APPEAL No.1018 OF 2017


        Nirmalabai w/o. Purnanand Bansod,
        Age 61 years, Occupation : Agriculturist,
        R/o. Dighi, Tq. Babhulgaon, Distt. Yavatmal.                                :      APPELLANT

                           ...VERSUS...

        1.    Vidarbha Irrigation Development Corporation
               Nagpur, through the Executive Engineer, 
               Bembla Project Division, Yavatmal,
               Tq. And Distt. Yavatmal.

        2.    Special Land Acquisition Officer,
               Minor Irrigation Works, Yavatmal.

        3.    The State of Maharashtra,
               through Collector, Yavatmal,
               Tq. And Distt. Yavatmal.                                              :      RESPONDENTS


        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri A.B. Nakshane, Advocate for the Appellant.
        Shri Mangesh Kadu, Advocate for the Respondent No.1.
        Shri A.M. Kadukar, Asstt. Government Pleader for Respondent Nos.2 and 3.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                                                      CORAM  :   S.B. SHUKRE, J.

th DATE : 4 SEPTEMBER, 2017.

ORAL JUDGMENT :

1. Heard.

2. Admit.

3. There is no necessity to call for any record and proceedings

as the issue involved in this appeal is covered by the judgment passed by

J-fa1018.17.odt 2/3

this Court in First Appeal No.86/2017, dated 31 st January, 2017.

4. In view of above, the First Appeal is heard finally by consent

of the parties.

5. The land of the claimant has been acquired, which was from

Dighi Village, for Bembla River Project and Section 4 Notification was

issued on 14th July, 2003. The Land Acquisition Officer passed an award

on 31st May, 2005 and granted compensation of Rs.74,907/- per hectare

as against the demand of Rs.3,00,000/ per hectare. The dispute was

carried by way of reference to the Court of Civil Judge, Senior Division

and the adjudication given by the Reference Court was to the effect that

the market value of the land determined by the Land Acquisition Officer

being on the lower side was required to be enhanced and fixed at Rs.

1,75,000/- per hectare. Accordingly, this rate was found to be a correct

representative of the market value of the acquired land and thus the

impugned order was passed by the Reference Court on 24.1.2012.

6. In First Appeal No.921/2015, similar land as the one

involved in this appeal situated at Village Dighi was found to be having a

market value of Rs.2,10,000/ per hectare by this Court and this rate was

accordingly granted to the claimant in First Appeal No.921/2015 by this

Court.

7. In First appeal No.86/2017 also the land acquired was from

Dighi Village and had similarities with the land involved in First Appeal

No.921/2015 and therefore, this Court, by the judgment and order dated

31st January, 2017 disposed of the appeal by granting the rate for the

J-fa1018.17.odt 3/3

acquired land at Rs. 2,10,000/- per hectare.

8. In the instant case, we have seen that the land acquired was

from village Dighi for Bembla River Project under the same Notification

and was covered by this same award dated 31 st May, 2005. The land is

also similar to the lands involved in First Appeal Nos.86/2017 and

921/2015. Therefore, I have no hesitation to hold that the market value

of the land acquired in this appeal would also be of Rs.2,10,000/ per

hectare and accordingly it is declared that the claimant is entitled to

receive the compensation at the rate of Rs.2,10,000/ per hectare for the

land acquired. The impugned award stands modified to this extent while

remaining parts of the award stand confirmed. However, it is made

clear that in view of order passed by this Court while disposing of Civil

Application No.3280/2017, the claimant shall not be entitled to receive

any interest on that portion of the compensation which is due and

payable to the claimant on account of the enhancement in compensation

made now by this Court and it would be for the period from 24.1.2012

till 4.9.2017.

9. Parties to bear their own costs.

JUDGE okMksns