Shevantabai Chandrabhan ... vs The Executive Engineer, Bembla ...
2018 Latest Caselaw 508 Bom

                                       1                                                               fa1118.17


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

                        FIRST APPEAL (FA) NO. 1118 OF 2017

1. Shevantabai Chandrabhan Kanherkar
     (dead).

2. Ambadas Chandrabhan Kanherkar,
     aged 63 years, Occupation 
     Agriculturist, R/o Dighi, Tq. 
     Babhulgaon, District Yavatmal.

3. Sau. Nalini Shriram Khadekar,
     aged ----- years, Occupation
     Agriculturist, R/o Tq. and District
     Amravati.                                                  ... APPELLANTS

                                           VERSUS

1. The Executive Engineer, 
     Bembla Project Division,
     Yavatmal.

2. The State of Maharashtra, 
     through Collector, Yavatmal.

3. The Special Land Acquisition Officer,
     Bembla Project, Yavatmal.                                  ... RESPONDENTS

                                          ....
Shri A.B. Nakshane, Advocate for the appellants.
Shri M.A. Kadu, Advocate for respondent No.1.
Smt.   Geeta   Tiwari,   Assistant   Government   Pleader   for   respondent   Nos.2 
and 3.
                                          ....


                                        CORAM : MANISH PITALE, J.

DATED : 16TH JANUARY, 2018.

ORAL JUDGMENT :

2 fa1118.17

Heard. Admit. Heard finally with the consent of the learned

Counsel appearing on behalf of the respective parties.

2. In the instant case, the land belonging to the appellants in

village Dighi, Taluka Babhulgaon, District Yavatmal in Gat No. 104

admeasuring 4.79 Hrs was acquired by the respondents for the Bembla

Project. The notification under Section 4 of the Land Acquisition Act, 1894,

was issued on 14.08.2003 and the award was passed by the Land

Acquisition Officer on 31.05.2005 granting compensation at Rs.76,568/-

per hectare. Upon the appellants preferring a reference application under

Section 18 of the said Act, the reference Court enhanced the compensation

to Rs.1,70,000/- per hectare. It is against the said order that the appellants

have filed this appeal claiming further enhancement of compensation.

3. Shri Nakshane, learned Counsel for the appellants points out

that this Court in First Appeal No. 3 of 2017, concerning acquisition

proceedings arising out of the same notification, has granted enhanced

compensation at the rate of Rs.2,10,000/- per hectare. The judgment and

order dated 2.12.2017 in the said First Appeal No. 3 of 2017 is placed on

record.

4. The learned Counsel for the respondents do not dispute this

position. Therefore, this appeal is partly allowed in terms of the aforesaid

3 fa1118.17

judgment and order dated 21.12.2017 passed in First Appeal No. 3 of 2017

and it is held that the appellants are entitled to increased compensation at

the rate of Rs.2,10,000/- per hectare. It is further noted that by order dated

19.09.2017, while allowing the application for condonation of delay, it was

directed that the delay application was being allowed on the condition that

the appellants shall not claim any interest for the delayed period on

enhanced compensation i.e. from 16.07.2011 to 19.09.2017. Therefore,

although the appellants shall be entitled to compensation at the enhanced

rate as aforesaid, there shall not be any interest payable on the enhanced

amount for the period from 16.07.2011 to 19.09.2017. It goes without

saying that the enhanced compensation shall be given to the appellants

along with statutory benefits.

The appeal stands disposed of in aforesaid terms.

JUDGE

*rrg.