Bombay High Court
Vidarbha Irrigation Dev. ... vs Vishweshwar S/O Narayan ... on 4 August, 2021
Bench: Pushpa V. Ganediwala
1 fa1402.08.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO.1402 OF 2008
Vidarbha Irrigation Development
Corporation, Through its Executive
Enigneer, Bembla Project Division,
Taq. and Dist. Yavatmal.
.....APPELLANT
...V E R S U S...
Vishweshwawr s/o Narayanrao Wadhonkar
(Dead through LRs)
1. Suresh s/o Vishweshwar Wadhonkar,
Aged 32 years,
R/o Kopra, Taq. Babhulgaon,
Distt. Yavatmal.
2. Divakar s/o Vishweshwar Wadhonkar,
Aged 50 years,
R/o Parwa, Taq. Ghatanji,
Distt. Yavatmal.
3. Sau. Sunanda Gajanan Vaidya,
Aged 28 years,
R/o Vaishnavmata Nagar, Plot No.220,
Hudkeshwar Road,
Tah. & Distt. Nagpur.
4. Sau. Sushila w/o Gangadhar Maunkar,
Aged 42 years,
R/o Waiphad, Tah. & Distt. Wardha,
5. The State of Maharashtra,
Through the Collector, Yavatmal.
6. The Special Land Acquisition Minor
Irrigation Work No.1, Yavatmal,
Tq. & Dist. Yavatmal.
.... RESPONDENTS
::: Uploaded on - 09/08/2021 ::: Downloaded on - 25/09/2021 01:28:02 :::
2 fa1402.08.odt
-----------------------------------------------------------------------------------
Shri A.B. Patil, Advocate for appellant.
Shri K.S. Narwade, Advocate for respondent nos.1 to 4.
Shri A.M. Kadukar, A.G.P. for respondent nos.5 and 6.
-----------------------------------------------------------------------------------
CORAM:- PUSHPA V. GANEDIWALA, J.
DATED :- 4th August, 2021.
ORAL JUDGMENT :
. Heard.
2. Learned counsel for respondent nos.1 to 4 filed
Pursis No.9 of 2021 informing that the appellant-V.I.D.C., the
acquiring body has withdrawn First Appeal No.910 of 2016
arising out of L.A.C. No.275 of 2000. The said L.A.C. No.275
of 2000 was arising out of the same notification issued under
Section 4 of the Land Acquisition Act, 1894, under which the
land in the present appeal is acquired. It is further informed
that in the aforesaid appeal the V.I.D.C. has accepted the
market rate of the acquired land at the rate of Rs.1,00,000/-
per hectare. In the present appeal also, the Reference Court
enhanced the compensation at the rate of Rs.1,00,000/- per
hectare. Therefore, it is submitted that the present appeal
needs to be dismissed.
3. Learned counsel for respondent nos.1 to 4 placed
on record the judgment in L.A.C. No.275 of 2000 so also the
3 fa1402.08.odt
copy of order of this Court dated 28.11.2018 passed in First
Appeal No.910 of 2016.
4. Upon perusing the aforesaid judgment of the
Reference Court and order of this Court in Appeal No.910 of
2016 so also the impugned judgment, I am satisfied that the
subject land in the instant appeal is similarly situated and the
notification issued under Section 4 of the Land Acquisition
Act is also of the even date. Considering these facts, there is
no reason for this Court to take a different view in the matter.
Hence, the appeal being devoid of any merits, the same
stands dismissed. No costs.
JUDGE
Wagh
