Bombay High Court
Maroti S/O Doma Jivatode vs The State Of Mah. Thru The ... on 22 September, 2017
Bench: S.B. Shukre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL No.788 OF 2009
Maroti s/o Doma Jivatode,
Aged about 71 years, Agriculturist,
R/o. Khadaksavanga,
At present R/o. Dighi,
Tq. Babhulgaon, District : Yavatmal. : APPELLANT
...VERSUS...
1. The State of Maharashtra,
through Collector, Yavatmal.
2. The Special Land Acquisition
Bembla Project, Yavatmal,
Tq. & Distt. Yavatmal.
3. The Executive Engineer,
Vidharbha Irrigation Corporation,
Bembla Project Division,
Awadhootwadi,
Tahsil & District Yavatmal. : RESPONDENTS
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Shri Abhay Sambre, Advocate for the Appellant.
Shri M.A. Kadu, Asstt. Government Pleader for the Respondent Nos.1 and 2.
Shri P.B. Patil, Advocate for Respondent No.3.
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CORAM : S.B. SHUKRE, J.
nd SEPTEMBER, 2017.
DATE : 22
ORAL JUDGMENT :
1. I have heard Shri Abhay Sambre, learned counsel for the
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appellant, Shri M.A. Kadu, learned A.G.P. for respondent Nos.1 and 2
and Shri P.B., learned counsel for respondent No.3.
2. I have gone through the record of the case including the
impugned award.
3. This appeal challenges the legality and correctness of the
award dated 30th November, 2005, rendered in Land Acquisition Case
No.328/2000.
4. The Land belonging to the respondent No.1 bearing Gat
No.61, admeasuring 4.29 hectare, situated at Thalegaon, Tq.
Babhulgaon, District Yavatmal was acquired for the purposes of Bembla
Irrigation Project. Section 4 notification in this case has been published
on 29.5.1997. In the connected matter, being First Appeal
No.1111/2009 with Cross-objection No.6/2010, decided on 21.9.2017,
this Court determined the market value of the land involved therein to be
at Rs.1,28,500 per hectare. The land involved in the present case is also
similar to the one acquired in the first Appeal No.1111/2009. Both these
lands are covered by almost same notification, with a difference of few
months in between, have been acquired for the same project and are
from the same village. Therefore, issue involved in the present appeal
would also be and is indeed covered by the decision of this Court in the
case of First Appeal No.1111/2009, decided on 21.9.2017. It then
follows that the market value of the acquired land in the present case is
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required to be determined in the similar fashion, which I do so.
5. In the result, the appeal is partly allowed.
6. It is declared that the appellant is entitled to receive
compensation at the rate of Rs.1,28,500/- per hectare together with
same statutory benefits as are already granted by the Reference Court.
7. The impugned award stands modified in the above terms.
8. Parties to bear their own costs.
JUDGE
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