Namdeo S/O Doma Jivtode vs The State Of Maharashtra Through ...
2017 Latest Caselaw 7384 Bom

(Judgment) 2109  FA 1125-2009 & 343-2015                                                 1/4

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


                              FIRST APPEAL  NO. 
                                               1125
                                                   /20
                                                      09
                                                         


             Vidarbha Irrigation Development Corporation,
             Through its Executive Engineer,
             Bembla Project Division,
             Taq. & Distt. Yavatmal.                                      APP ELLA
                                                                                   NT
                                                                                      

                                         .....VERSUS.....

             1]  Namdeo S/o Doma Jivtode,
                   Aged 45 years, Occu: Cultivator,
                   R/o. Dighi, Taq. Babhulgaon,
                   Distt. Yavatmal.

             2]  The State of Maharashtra,
                   Through the Collector, Yavatmal.

             3]  The Special Land Acquisition Officer,
                   Minor Irrigation Works No.1, Yavatmal.                 RESPONDE NT
                                                                                      S
                                                                                        


                                              // AND //


                               FIRST APPEAL  NO. 
                                                343
                                                    /20
                                                       15
                                                          

             Namdeo S/o Doma Jivtode,
             Aged 65 years, Occu: Agriculturist,
             R/o. Khadaksavanga, Post Digghi,
             Tq. Babhulgaon, District Yavatmal.                           APP ELLA
                                                                                   NT
                                                                                      

                                         .....VERSUS.....

             1]  The State of Maharashtra,
                   Through Collector, Yavatmal.

             2]  The Special Land Acquisition Officer,
                   Bembla Project, Yavatmal, 
                   Tq. & Distt. Yavatmal.


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 (Judgment) 2109  FA 1125-2009 & 343-2015                                                         2/4


             3]  The Executive Engineer,
                  Vidarbha Irrigation Corporation,
                  Bembla Project Division, Awadhootwadi,
                  Tahsil & District Yavatmal.                                     RESPONDE NT
                                                                                              S
                                                                                                


Appearance in F.A. No. 1125/2009 :-
         Shri A.B. Patil, counsel for appellant.
         Shri Abhay Sambre, counsel for respondent no.1.
         Shri M.A. Kadu, AGP for respondent nos.2 and 3.

Appearance in F.A. No. 343/2015 :-
         Shri Abhay Sambre, counsel for appellant.
         Shri M.A. Kadu, AGP for respondent nos.1 and 2.


                           CORAM:  S.B. SHUKRE, J.

                           DATE    : SEPTEMBER 21, 2017.


                           ORAL JUDGMENT :  

First Appeal No. 1125/2009 and First

Appeal No. 343/2015 are in fact the cross-appeals,

challenging the same judgment and award dated

28/08/2008 rendered in Land Acquisition Case No.

297/2000, by the Court of Civil Judge (Sr.Dn.),

Yavatmal. While the First Appeal No. 1125/2009

preferred by the Acquiring Body, seeks reduction in

the determination of market value of the acquired

land, the counter appeal being First Appeal No.

343/2015 desires that the market value of the

(Judgment) 2109 FA 1125-2009 & 343-2015 3/4

acquired land be determined to be at much higher

rate.

2] The land acquired in the present case is of

village Thalegaon, Taluka - Babhulgaon, District -

Yavatmal. It was acquired for Bembla Proejct.

Section 4 of the Land Acquisition Act (in short, "L.A.

Act") notification was issued on 07/04/1994. This

land is similar in almost all respects with the land

involved in the First Appeal No.687/2010. Section 4

of the L.A. Act notification is also of the same period.

Therefore, the issue involved in these appeals would

be squarely covered by the judgment of this Court

rendered in the First Appeal No. 687/2010, decided

on 21/09/2017 and this would call for dismissal of

both the appeals as the market value of the land

acquired in the present case, determined by the

reference court is consistent with the market value of

a similar land determined by this Court in the First

Appeal No. 687/2010. This has also been agreed to

by the learned counsel for both sides.

                                3]            In   view   of   above,   First   Appeal 



 (Judgment) 2109  FA 1125-2009 & 343-2015                                                       4/4

No.1125/2009 and First Appeal No. 343/2015 stand

dismissed.

4] Parties to bear their own costs.

JUDGE Yenurkar