The Executive Engg., Lower Wardha ... vs Marotrao Lakhaji Khandekar And ...
2021 Latest Caselaw 14758 Bom

 xob15.17.odt                                                                         1


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

                       CROSS-OBJECTION NO.15 OF 2017 IN
                        FIRST APPEAL NO. 65 OF 2015 (D)

          Vidarbha Irrigation Development
          Corporation, through its Executive
          Engineer, Lower Wardha Project
          Divison, Tahsil and District Wardha
                                                          ...APPELLANT

                                      VERSUS

 1.       Marotrao Lakhaji Khandekar,
          Aged 62 years (Dead)

          Through LRs
 1-a.     Smt. Kalavati Marotrao Khandekar,
          Aged 74 years, Occ: Cultivator,
          R/o Mirzapur (Neri), Tq. Arvi,
          District Wardha.

 2.       Harishchandra s/o Marotrao Khandekar,
          Aged 56 years, Occ: Cultivator,
          R/o Mirzapur (Neri), Tq. Arvi,
          District Wardha.                      ...CROSS-OBJECTORS

 3.       The State of Maharashtra through
          Collector, Wardha, Tahsil and
          District Wardha.

 4.       Special Land Acquisition Officer,
          [Vidarbha Irrigation Development
          Corporation], Wardha
          Dist. Wardha.                                   ...RESPONDENTS
 ____________________________________________________________________
 Ms Ashwini Athalye, Advocate for appellant/VIDC.
 Shri Tushar Darda, Advocate for cross-objectors.
 Ms H.N. Jaipurkar, A.G.P. for respondent Nos.3 & 4.
 ____________________________________________________________________

                               CORAM : PUSHPA V. GANEDIWALA, J.

DATED : 8th OCTOBER, 2021.

ORAL JUDGMENT :

Heard.

2. In this cross-objection, cross-objectors/claimants take

exception to the judgment and award dated 12.04.2013 passed in Land

Acquisition Case No.252 of 2006 by the learned Joint Civil Judge,

Senior Division, Wardha, wherein the learned Reference Court awarded

compensation for the dry crop land of the cross-objectors situated at

Survey No.56/1 admeasuring 1.20 H.R. and Survey No.63 admeasuring

1.25 H.R. at village Nababpur, Tahsil Arvi, District Wardha at the rate of

Rs.1,00,000/- per hectare.

3. Learned counsel appearing for the parties have pointed out

that the present appeal came to be withdrawn by the appellant/V.I.D.C

before the Lok-Adalat held on 22.04.2018. Learned counsel further

submit that this matter can be disposed of as the issue involved in this

case is covered by the judgment of the Co-ordinate Bench 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 cross-objection

would reflect that the Co-ordinate Bench of this Court adjudicated the

award in the above cross-objection as the appellant/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 compensation at the

rate of Rs.1,68,000/- per hectare for dry crop land situated at Mauza

Nababpur, Tahsil Arvi, District Wardha.

5. The land of the cross-objectors/claimants in the present

cross-objection is situated at village Nababpur and the said land was

acquired under the same Notification issued under Section 4(2)

published on 12.04.1999. As the issue involved in the present cross-

objection is already decided by this Court in the aforesaid appeal and

since the land of the cross-objectors being similarly situated, I do not

find any reason to take a different view in this cross-objection.

6. 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, cross-objectors/claimants herein are also entitled to

receive compensation for dry crop land Survey No.56/1 admeasuring

1.20 H.R. and Survey No.63 admeasuring 1.25 H.R. situated at

Nababpur at the rate of Rs.1,68,000/- with all statutory benefits and

interest. Hence, cross-objection filed by the claimants is partly allowed.

Consequently, the judgment and decree of the Reference Court is

modified as under :

(i) The cross-objectors/claimants are entitled for

enhanced compensation at the rate of Rs.1,68,000/- per hectare

for land Survey No.56/1 admeasuring 1.20 H.R. and Survey No.63

admeasuring 1.25 H.R. situated at Nababpur, Tahsil Arvi, District

Wardha alongwith all statutory benefits and interest.

(ii) Needless to mention, the amount of compensation

which was already deposited by the appellant/V.I.D.C., they are

entitled to deduct the same.

(iii) Appellant/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.

(iv) The cross-objectors shall not be entitled to claim

interest for delayed period for filing cross objection, if any.

(v) The withdrawal of the enhanced amount of

compensation shall be subject to payment of deficit amount of

Court fee, if any.

(vi) The cross-objection stand disposed of with no order as

to costs.

JUDGE Wagh