Bombay High Court
Vishweshwar Gulabrao Arsad ... vs The State Of Maharashtra, Thr. ... on 8 October, 2021
Bench: Pushpa V. Ganediwala
fa969.18.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 969 OF 2018
Vishweshwar Gulabrao Arsad (dead)
through LRs
1. Smt. Usha Vishweshwar Arsad,
Aged - 58 years, Occupation- Household,
2. Shri Arvind Vishweshwar Arsad,
Aged - 42 years, Occupation- service,
3. Shri Manish Vishweshwar Arsad,
Aged about - 35 years, Occupation- service,
Nos.1 to 3 resident of Hanuman Ward,
Indira Chowk, Near Weekly Market, Arvi,
Tahsil Arvi, District Nagpur.
4. Sau. Ranjana W/o Hemant Gandole,
Aged about 38 years, Occupation - Household,
Resident of Kotwal Nagar, Near House of
Satish Chaturvedi, Nagpur,
Tahsil and District Nagpur.
...APPELLANTS
VERSUS
1. The State of Maharashtra,
through Collector, Wardha,
Tahsil and District Wardha.
2. The Executive Engineer,
Lower Wardha Project Division,
Wardha, District Wardha.
3. Special Land Acquisition Officer,
Vidarbha Path Pandhare Vikas
Mahamandal, Collectorate Office,
Wardha, Tahsil and District Wardha
...RESPONDENTS
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fa969.18.odt 2
____________________________________________________________________
Shri Tushar Darda, Advocate for appellants.
Ms H.N. Jaipurkar, A.G.P. for respondent Nos.1 & 3.
Ms A.S. Athalye, Advocate for respondent No. 2.
____________________________________________________________________
CORAM : PUSHPA V. GANEDIWALA, J.
DATED : 8th OCTOBER, 2021.
ORAL JUDGMENT :
Heard.
2. In this appeal, appellants/legal representatives of original
claimant take exception to the judgment and award dated 17.10.2011
passed in Land Acquisition Case No.76 of 2005 by the learned 2 nd Joint
Civil Judge, Senior Division, Wardha, wherein the learned Reference
Court awarded compensation for the dry crop land of the appellants
situated at Survey No.15/3 admeasuring 1.85 H.R.,village Mahimapur,
Tahsil Arvi, District Wardha at the rate of Rs.1,16,000/- per hectare.
3. Learned counsel Shri Tushar Darda appearing for the
appellants submitted that this matter can be disposed of as the issue
involved in this case is already covered by the judgment of this Court in
Cross Objection No.31 of 2018 in First Appeal No.433 of 2014, wherein
this Court has awarded compensation at the rate of Rs.1,68,000/- per
hectare for dry crop land of the claimants therein situated at
Mahimapur, Tahsil Arvi, District Wardha decided on 05.02.2020.
4. A perusal of the judgment in the aforesaid appeal would
reflect that the Co-ordinate Bench of this Court adjudicated the award
in the above appeal as the respondent-V.I.D.C. had accepted the said
amount by withdrawing the appeal before the Lok-Adalat, which was
preferred against the judgment and award of the Reference Court dated
02.05.2014 in Land Acquisition Case No.241 of 2006 wherein the
Reference Court awarded the enhanced amount of compensation at the
rate of Rs.1,68,000/- per hectare for dry crop land situated at Mauza
Nababpur, Tahsil Arvi, District Wardha.
5. Learned counsel Ms Ashwini Athalye submits that the
aforesaid award is with respect to village Nababpur and therefore the
said award cannot be considered for the village Mahimapur. Learned
counsel relied on the judgment of this Court in the case of Kishor s/o
Gajananrao Kale Vs. V.I.D.C. and others (Cross Objection No.57 of 2017
in First Appeal No.169 of 2014) decided on 18.12.2019 for the land
situated at village Mahimapur, wherein this Court adjudicated
compensation at the rate of Rs.1,30,679/- per hectare.
6. There is no doubt about the aforesaid adjudication by this
Court in the case of Kishor Kale (supra). At the same time in Cross
Objection No.31 of 2018 in First Appeal No.433 of 2014, the
Co-ordinate Bench of this Court found it appropriate to enhance
compensation for the land situated at Mahimapur at Rs.1,68,000/- per
hectare for dry crop land. In such circumstances when two different
awards for the similarly situated lands are available, the higher amount
has to be considered for enhancement in compensation to the
appellants.
7. Since the land of the appellants in the present appeal is
situated at village Mahimapur and the said land was acquired under
the same Notification issued under Section 4(2) published on
12.04.1999, the appellants herein would be entitled to receive
compensation at the rate of Rs.1,68,000/- per hectare.
8. In this view of the matter, for the reasons as stated in the
judgment of this Court in Cross-Objection No.31 of 2018 in First Appeal
No.433 of 2014, appellants/claimants herein are also entitled to receive
compensation for dry crop land Survey No.15/3 admeasuring 1.85 H.R.
situated at Nababpur at the rate of Rs.1,68,000/- with all statutory
benefits and interest. Hence, appeal filed by the claimants is allowed.
Consequently, the judgment and decree of the Reference Court is
modified as under :
(i) The appellants/legal representatives of original
claimant are entitled for enhanced compensation at the rate of
Rs.1,68,000/- per hectare for land Survey No.15/3 admeasuring
1.85 H.R. situated at Nababpur, Tahsil Arvi, District Wardha
alongwith all statutory benefits. Needles to mention, the amount
of compensation which was already deposited by the respondent-
V.I.D.C., they are entitled to deduct the same.
(ii) Respondent-V.I.D.C. to deposit enhanced amount of
compensation in terms of above order within a period of four
months and thereafter the claimants shall be entitled to withdraw
the same.
(iii) The withdrawal of the enhanced amount of
compensation shall be subject to payment of deficit amount of
Court fee, if any.
(iv) The appeal stands disposed of with no order as to
costs.
JUDGE
Wagh
