Bombay High Court
Vidarbha Irrigation Development ... vs Gajanan Sadashiv Kawle And Others on 9 August, 2021
Bench: Pushpa V. Ganediwala
J.21FA.298.18.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO. 298 OF 2018
Vidarbha Irrigation Development Corporation,
through its Executive Engineer,
Bembla Project Division,
District Yavatmal
...APPELLANT
VERSUS
1. Gajanan Sadashiv Kawle,
Aged about adult, Occ. Agriculturist,
R/o. Dehani, Tq. Babhulgaon,
District Yavatmal
2. The State of Maharashtra,
through Collector, Yavatmal
Tq. and District Yavatmal
3. Special Land Acquisition Officer,
Bembla Project, Yavatmal,
Tq. and District Yavatmal
...RESPONDENTS
______________________________________________________________
Shri J.B. Kasat, Advocate for appellant.
Shri S.C. Bhalerao, Advocate for respondent No. 1.
Mrs. M.H. Deshmukh, A.G.P. for respondent Nos.2 & 3.
______________________________________________________________
CORAM : PUSHPA V. GANEDIWALA, J.
DATED : AUGUST 09, 2021.
ORAL JUDGMENT :
Heard.
2. This appeal challenges the judgment and order dated
10/03/2015 in L.A.C. No. 594/2005 passed by the 3 rd Joint Civil Judge,
Senior Division, Yavatmal.
3. The facts in brief are that the respondent No.1 was the
owner and possessor of Plot No.69-A ad-measuring 182.75 sq.m.
having construction thereon ad-measuring 98 sq.m. so also plot
No.69-B ad-measuring 77.48 sq.m. having construction thereon
ad-measuring 15.40 sq.m. situated at Mauje Dehani. These lands of the
respondent No.1 were acquired in L.A.C. No.9/47/97-98 by the State
by issuing Notification under Section 4 of the Land Acquisition Act
dated 04/11/1999. The said lands were acquired for Bembla Project.
The Land Acquisition Officer awarded compensation at the rate of
Rs.75/- per sq.m. for plot area and constructed portion over plot.
Feeling aggrieved by the award of the learned Land Acquisition Officer,
the claimant approached the Reference Court under Section 18 of the
Land Acquisition Act for enhancement of compensation. The Reference
Court framed issues, recorded evidence as adduced by the parties and
on the basis of oral and documentary evidence on record, enhanced the
compensation at the rate of Rs.550/- per sq.m. for open plot area and
Rs.1992.62 per sq.m. for constructed area for the subject properties.
4. This judgment is impugned in this appeal by the acquiring
body/V.I.D.C.. Shri Bhalerao, learned counsel appearing on behalf of
the respondent No.1/claimant filed Pursis Stamp No.879/2020 and
submitted that the present appeal is covered by the judgments of this
Court passed in First Appeal No.1667/2019, Executive Engineer Vs.
Sukhdeo and First Appeal No. 1242/2018, Executive Engineer Vs.
Shankar Kawale. It is further stated that the land acquired in the
aforesaid cases were under the same notification out of the same
village i.e. Dehani, Tq. Babhulgaon, District Yavatmal.
5. Learned counsel for the appellant also placed on record the
copies of the judgment in the aforesaid appeals. A perusal of the
judgment would reflect that in both these appeals, this Court
maintained the judgment of the Reference Court granting
compensation for the open plot at the rate of Rs.550/- per sq.m.
whereas Rs.21,000/- per sq.m. for built up area.
6. As the issue involved in the present case is already covered
by the aforesaid judgments of this Court, there is no reason of this
Court to take a different view of the matter.
7. In this view of the matter, appeal is devoid of any merits
and it deserves to be dismissed and the same is accordingly dismissed
with no order as to costs.
8. The respondent No.1 is permitted to withdraw the balance
amount of compensation with accrued interest thereon which was
deposited by the appellant with the Registry of this Court vide Cheque
No. 046645 dated 12/10/2017 of Bank of Maharashtra for the amount
of Rs. 9,23,362/-.
JUDGE
*DB
