V.I.D.C. Thr. Exe. Engineer vs Nirmala W/O Babarao Kuradkar Ad 4 ...
2017 Latest Caselaw 7436 Bom

(Judgment) 2109  FA 687-2010                                                               1/4

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



                                 FIRST APPEAL  NO. 
                                                  687
                                                      /20
                                                         10
                                                            




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


                                         .....VERSUS.....



             1]  Nirmala w/o Babarao Kuradkar,
                   Aged about 50 years, Occu: Cultivator,

             2]  Shila Dhyaneshwar Gimonkar,
                   Aged about 40 years, Occu: Cultivator,

             3]  Asha w/o Shankarrao Jawanjal,
                   Aged about 45 years, Occu: Cultivator,

                   All are R/o. Khadaksawanga,
                   Taq. Babhulgaon, Distt. Yavatmal.

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

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



             Shri A.B. Patil, counsel for appellant.
             Shri K.S. Narwade, counsel for respondent nos.1 to 3.
             Shri M.A. Kadu, AGP for respondent no.4 and 5.




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 (Judgment) 2109  FA 687-2010                                                                      2/4

                           CORAM:  S.B. SHUKRE, J.

                           DATE    : SEPTEMBER 21, 2017.


                           ORAL JUDGMENT :  

This appeal challenges the legality and

correctness of the judgment and award dated

31/07/2008, rendered in Land Acquisition Case No.

239/2000, by the Court of Civil Judge (Sr.Dn.),

Yavatmal.

2] The land of the claimants was acquired for

the purposes of Bembla Project, which was situated at

village Thalegaon, Taluka - Babhulgaon, District -

Yavatmal. Section 4 of the Land Acquisition Act (in

short, "L.A. Act") notification was issued on

17/10/1994. In other connected matters, being First

Appeal Nos. 451/2010 and 523/2010, both decided

on 21/09/2017, this Court determined the market

value of the lands involved therein, to be at

Rs.90,000/- per hector. Notifications in those cases

were issued about one year prior to the notification

issued in the instant case. Those lands are similar to

the land involved in the present case. But, the

(Judgment) 2109 FA 687-2010 3/4

notification in the present case has been issued and

published one year later than the notification issued

and published in those appeals and so, some

escalation of price or in the value of the land acquired

in the present case, would be due, to the claimants. If

that escalation is granted, the market value of the

land acquired in the present case comes to

Rs.98,000/- per hector, which can be rounded off to

Rs.1,00,000/- per hector.

3] Accordingly, I find that the market value of

the acquired land in the present case is of

Rs.1,00,000/- per hector and the claimants are

entitled to receive compensation at this rate, together

with same statutory benefits as are granted by the

reference court.

4] In the result, appeal is partly allowed.

5] It is declared that the claimants are

entitled to receive compensation for their acquired

land at the rate of Rs.1,00,000/- per hector, together

with same statutory benefits, as are granted by the

(Judgment) 2109 FA 687-2010 4/4

reference court.

6] The impugned award stands modified in

above terms.

7] Parties to bear their own costs.

JUDGE Yenurkar