Executive Engineer, Bembla ... vs Suresh S/O Ruprao Hajare And 2 ...
2021 Latest Caselaw 11788 Bom

  fa991.12.odt                                 1



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

                               FIRST APPEAL NO.991/2012

  Executive Engineer,
  Bembla Project Division,
  Yavatmal                                           ..APPELLANT

           Versus

  1. Suresh s/o Ruprao Hajare,
     aged 58 years, Occupation - Agriculturist,
     R/o Mudliar Layout, back side of
     Sunita Building, Yavatmal.
     Tah and Dist. Yavatmal.

  2. State of Maharashtra,
     through Collector, Yavatmal.

  3. Special Land Acquisition Officer
     Minor Irrigation Works No.II,
     Yavatmal.                                     ..RESPONDENTS
                        ....

Shri M.A.Kadu, Advocate for the appellant. Shri S.S.Bhalerao, Advocate for respondent no.1. Ms. M.H.Deshmukh, AGP for respondent nos.2 and 3.

.....

CORAM : PUSHPA V. GANEDIWALA, J DATED : AUGUST 25, 2021.

ORAL JUDGMENT :

1. Heard.

2. The appellant - Executive Engineer, Bembla Project

Division, Yavatmal, assailed the judgment and award dated

1.2.2011 in L.A.C. No.494 of 2006 passed by the Civil Judge, Senior

Division, Yavatmal, whereby the learned Reference Court enhanced

the compensation @ Rs.1,38,000 per hector for 5 H 43 Are Land of

Gat No.846 of village Pahur.

3. The learned counsel Shri S.S. Bhalrao appearing for the

respondent no.1 - Claimant pointed out the judgment of this Court

passed in First Appeal No.799/2014 (Vasant S/o Nanaji Patre Vs.

The Executive Engineer, Bembla Project Division, Yavatmal) decided

on 18.4.2015, wherein for the land which was similarly situated i.e.

acquired under the same award from Village Pahur, Tahsil

Babhulgaon, District Yavatmal, this Court enhanced compensation

at the rate of Rs. 1,60,000/- per hector with all statutory benefits.

4. Considering the findings recorded by this Court in the

aforesaid judgment in First Appeal No.799/2014 (supra), there is no

reason for this Court to consider the appeal in favour of the

appellant - The Executive Engineer, Bembla Project Division,

Yavatmal, as the amount of compensation enhanced in the present

appeal by the Reference Court is only Rs.1,38,000/- per hectare. So

far as the valuation for the four teak trees @ Rs.2,000/- enhanced

compensation by the Reference Court, I do not find any ground to

interfere with the enhanced amount of compensation, considering

the amount enhanced by the learned Reference Court.

5. Under such circumstances, I do not find any merit in

the appeal and the same needs to be dismissed. It is dismissed

accordingly. There shall be no order as to costs.

JUDGE

******

Ambulkar