V.I.D.C. Thr. Its Exe. Engineer vs Kalawati Wd/O Ukanda Yesansure ...
2021 Latest Caselaw 10302 Bom

                                               1                        fa544.10.odt

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

                        FIRST APPEAL NO.544 OF 2010

      Vidarbha Irrigation Development
      Corporation, Through its Executive
      Enigneer, Bembla Project Division,
      Taq. and Dist. Yavatmal.                                 .....APPELLANT

                                ...V E R S U S...

 1. Kalawati Wd/o Ukanda Yesansure
    Aged Major

 2. Devidas Ukanda Yesansure
    Aged Major
    Both 1 and 2 are R/o Takalgaon,
    Tq. Babhulgaon, Dist. Yavatmal.

 3. The State of Maharashtra,
    Through the Collector, Yavatmal.

 4. The Special Land Acquisition Minor
      Irrigation Works No.1, Yavatmal,                    .... RESPONDENTS
 -----------------------------------------------------------------------------------
 Shri A.B. Patil, Advocate for appellant.
 Shri K.S. Narwade, Advocate for respondent nos.1 and 2.
 Shri A.M. Kadukar, A.G.P. for respondent nos.3 and 4.
 -----------------------------------------------------------------------------------
                        CORAM:- PUSHPA V. GANEDIWALA, J.

DATED :- 4th August, 2021.

ORAL JUDGMENT :

. Heard.

2. Learned counsel for appellant Shri A.B. Patil

submits that the issue involved in this appeal is covered by the

2 fa544.10.odt

judgments in First Appeal Nos.910 of 2016 and 1402 of 2008,

wherein the appellant-V.I.D.C. accepted the market value of

the land at the rate of Rs.1,00,000/- per hectare as enhanced

by the Land Acquisition Officer for the lands situated in Mouja

Takalgaon, Tq. Bahulgaon, District Yavatmal, which was

acquired by Notification dated 18.02.1993 issued under

Section 4 of the Land Acquisition Act. It is further submitted

that in the present appeal the subject land situated in the same

village i.e. Takalgaon, Tq. Bahulgaon, District Yavatmal and

the acquisition was under the same notification dated

18.02.1993 and the rates enhanced in this appeal is

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

3. Considering the submission, as issue involved is already

covered by the aforesaid judgments and I do not find any

reason to take a different view, the present appeal is bereft of

any merit and the same is dismissed. No order as to costs.

JUDGE

Wagh