Bombay High Court
The Executive Engineer, Lower Pus ... vs Ashokkumar S/O Deobarao Naik And 2 ... on 9 August, 2021
Bench: Avinash G. Gharote
0908mca302 of 2020.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
MISC. CIVIL APPLICATION NO.302/2020 IN FIRST APPEAL NO.1330/2008 (D)
The Executive Engineer, Lower Pus Project, Pusad, Distt. Yavatmal
...Versus...
Ashokkumar s/o Deobarao Naik and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri A.B. Patil, Advocate for applicant
Shri S.U. Nemade, Advocate for non-applicant no.1/claimant
Shri M.A. Kadu, AGP for non-applicant nos.2 and 3
CORAM : AVINASH G. GHAROTE, J.
DATE : 09/08/2021
1. Heard Shri Patil, learned Counsel for the review
applicant. Review is sought, regarding the judgment and
award, dated 3/10/2019 in First Appeal No.1330/2008. The
ground for review, is that in First Appeal No.1110/2008,
decided by this Court on 5/7/2017, wherein the
compensation, in respect of the acquisition by virtue of the
notification dated 23/3/1997 under Section 4 of the Land
Acquisition Act, 1894 and the common award dated
19/6/2000 was under challenge in respect of Mouza
Ghamapur, Tahsil Umarkhed, District Yavatmal, this Court
had enhanced the compensation for the orange trees, from
Rs.68/- per tree granted by the Land Acquisition Officer,
which was enhanced to Rs.100/- per tree by the Reference
Court, to Rs.800/- per tree (para 18).
0908mca302 of 2020.odt
2. In First Appeal No.1330/2008, which again
arose out of the same notification, for the same village, this
Court, in spite of noticing the judgment (para 3 and 7) in
First Appeal No.1110/2008, had chosen to apply the rate, for
the orange trees in respect of First Appeal No.205/2006,
thereby enhancing the same to Rs.3,000/- per orange tree,
without considering that the rate which was granted in First
Appeal No.205/2006 for the village Mendki, Tah. Katol, Distt.
Nagpur, the distance between the two places is more than
300 kilometers approximately. It is contended by Shri Patil,
learned Counsel for the applicant, that in light of what has
been held in First Appeal No.1110/2008 it was impermissible
for this Court to carve out a new rate, based upon the
judgment in First Appeal No.205/2006. He therefore submits
that there is clearly an error apparent on the face of record
and therefore, the judgment in First Appeal No.1330/2008, is
required to be reviewed.
3. Shri Nemade, learned Counsel for the claimant
in the original First Appeal No.1330/2008 seeks a week's
time to take instructions from the appellant, in view of
which, list the matter on 17/08/2021.
(AVINASH G. GHAROTE, J.)
Wadkar
