Vidarbha Irrigation Devp. Corp. ... vs Khushal Rajaram Ade & 2 Ors
2017 Latest Caselaw 7438 Bom

(Judgment) 2109  FA 1246-2009                                                            1/4

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



                             FIRST APPEAL NO. 1246/2009




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


                                         .....VERSUS.....



             1]     Khushal Rajaram Ade (dead)
                      through his Legal Representatives,

             1A]  Kalavati wd/o Khushal Ade,
                     Aged about 80 years, 

             1B]  Ranjana d/o Khushal Ade,
                     Now w/o Farid Uke,
                     Aged about 37 years, Occu: Housewife,

                    Both. 1A and 1B R/o. At post Khadak
                    Sawanga, Post Dighi, Tah. Babhulgaon,
                    Distt. Yavatmal.

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

             3]  The Special Land Acquisition Officer,
                   Minor Works No.1, Yavatmal.                           RESPONDENTS


             Shri A.B. Patil, counsel for appellant.
             Smt. S.W. Deshpande, counsel for respondent no.1.
             Shri M.A. Kadu, AGP for respondent nos.2 and 3.




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 (Judgment) 2109  FA 1246-2009                                                                      2/4


                           CORAM:  S.B. SHUKRE, J.

                           DATE    : SEPTEMBER 21, 2017.



                           ORAL JUDGMENT :  

This appeal questioned the legality and

correctness of the award dated 29/08/2008, passed

in Land Acquisition Case No. 240/2000, by the court

of Civil Judge (Sr.Dn.), Yavatmal.

2] The land of the respondent no.1, being Gat

No. 75, admeasuring 0.90 HR, situated at village

Thalegaon, Taluka - Babhulgaon, District - Yavatmal,

was acquired for the purposes of Bembla Project.

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

Act") notification was issued on 19/10/1994.

3] In a connected appeal, bearing First Appeal

No. 687/2010, land situated at same village, acquired

for same project and covered by the same Section 4 of

the L.A. Act notification was found to be fetching

market value at the rate of Rs.1,00,000/- by this

(Judgment) 2109 FA 1246-2009 3/4

Court. This appeal has been decided by this Court on

21/09/2017.

4] On going through the judgment of this

Court in First Appeal No. 687/2010, decided on

21/09/2017, I find that land involved in that appeal is

similar to the land involved in the present matter.

Therefore, one has to say that the issue involved in

this appeal is squarely covered by the judgment of this

Court in First Appeal No. 687/2010 and the claimants

would be entitled to receive compensation for the

acquired land, in the present case, at the same rate of

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

5] In view of above, appeal is partly allowed.

6] It is declared that the legal representatives

of deceased respondent no.1, are entitled to receive

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

for the acquired land, together with same statutory

benefits, as are granted by the reference court.

(Judgment) 2109 FA 1246-2009 4/4

7] The impugned judgment and award stands

modified in above terms.

8] Parties to bear their own costs.

JUDGE Yenurkar