The Executive Engineer, Minor ... vs Indirabai Chintaman Jadhav Dead, ...
2021 Latest Caselaw 11790 Bom

                                       1



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

                   FIRST APPEAL NO.316/2017
                            WITH
                   CROSS OBJECTION (ST) NO.2959/2020

  FIRST APPEAL NO.316/2017

  Executive Engineer,
  Minor Irrigation Division,
  Vidarbha Irrigation Development
  Corporation, Washim                        ..APPELLANT

           Versus

  1. Indirabai Chintaman Jadhav (dead)
     Through her Legal Heir,
     Gajanan Chintaman Sanap,
     Adult, Occ Cultivator,
     Near Rajesh Mishra's House,
     Opp. Shivaji School,
     Hariharpeth, Dessera Nagar, Akola.

  2. State of Maharashtra,
     Through Collector, Washim.
     The Special Land Acquisition Officer
     Washim.                                   ..RESPONDENTS

                               ....

Mrs. U.A.Patil, Advocate for the appellant. Shri A.S.Mehadia, Advocate for respondent no.1. Ms. H.N.Jaipurkar, AGP for respondent no.2.

CROSS OBJECTION (ST) NO.2959/2020

Indirabai Chintaman Jadhav Since deceased through legal heir, Gajanan Chintaman Sanap, Aged about 49 years Occ. Driver,

Near Rajesh Mishra's House, Opp. Shivaji School, R/o Hariharpeth, Dessera Nagar, Akola. Cross-Objector/ Appellant Versus

1. Executive Engineer, Minor Irrigation Division, Vidarbha Irrigation Development Corporation, Washim.

2. State of Maharashtra, Through Collector, Washim.

     Special Land Acquisition Officer
       Washim.                                        ..RESPONDENTS

                         ....

Shri A.S.Mehadia, Advocate for Cross-Objector/appellant. Mrs. U.A.Patil, Advocate for respondent no.1. Ms. H.N.Jaipurkar, AGP for respondent no.2.

.....

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

ORAL JUDGMENT :

1. Heard.

2. The appellant - Executive Engineer, Minor Irrigation

Division, Vidarbha Irrigation Development Corporation, Washim; so

also the Claimant challenged the judgment and award dated

27.11.2012 passed by the Adhoc District Judge-II, Washim in L.A.C.

No.42/2005, whereby the learned Reference Court enhanced the

compensation @ Rs.Two lakhs per hectare for the land

admeasuring 2½ acres, out of Survey/Gat No.128 of village

Waigoul, Taluka Manora, District Washim alongwith all other

statutory benefits.

3. The learned counsel for the Claimant - Cross-Objector

submits that the issue involved in this appeal has already been

covered by the judgment of this Court in First Appeal No.397/2014

alongwith Cross-objection no.17/2017 in the case of Executive

Engineer, Minor Irrigation Division, Washim Vs. Chandulal

Ramsingh Mahendre (dead) through LRs. vide judgment and order

dated 14.11.2019. There is no dispute that both the subject land

in the present appeal and the land acquired in the aforesaid cited

judgment dated 14.11.2019, are similarly situated.

4. In the aforestated judgment in First Appeal No.397/2014

with Cross-objection No.17/2017 (supra), this Court considered its

judgment passed in First Appeal No.581/2007 alongwith Cross-

objection No.1/2008, in the case of The State of Maharashtra

Through Collector, Washim & Ors. Vs. Harichand Bhasu Rathod ,

vide judgment and order dated 23.3.2016 for the land Survey

No.103 of village Waigoul, which was acquired under the same

Notification for the same project and date of award is also the same,

enhanced and granted the compensation @ Rs.89,500/- per acre.

5. In view of the above, there is no reason for this Court to

take different view for the similarly situated land. Therefore, the

claimant - Cross-objector is entitled to receive compensation @

Rs.89,500/- per acre for their 2½ acres land at Survey no.128 of

village Waigoul, Tahsil Manora, District - Washim with statutory

benefits and interest.

6. The appeal, therefore, needs to be dismissed and the

same is accordingly dismissed. The cross-objection is allowed in

part.

7. The appellant - the acquiring body shall deposit the

enhanced amount of the compensation for the land alongwith all

statutory benefits and interest, within a period of three months in

this Court. On such deposit, the claimant would be entitled to

withdraw the same.

8. The appeal and Cross-objection stand disposed of.

JUDGE

****** Ambulkar