Bombay High Court
Vidarbha Irrigaion Development ... vs Vishweshwar Alias Dattatraya S/O ... on 8 October, 2021
Bench: Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CROSS-OBJECTION NO.104 OF 2017
IN
FIRST APPEAL NO. 368 OF 2015 (D)
Vidarbha Irrigation Development
Corporation, through its Executive
Engineer, Lower Wardha Project
Divison, Tahsil and District Wardha
...APPELLANT
VERSUS
1. Vishweshwar alias Dattatraya s/o Gulab
Arsad (deceased) aged 62 years,
Occupation - cultivator, resident of
Neri (Mirzapur), Tahsil Arvi,
District Wardha, Now at present
resident of Arvi, Tahsil, Arvi,
District Wardha.
(Legal Heirs of deceased)
1a. Smt. Usha wd/o Vishweshwar Arsad,
Aged - 63 years, Occupation- household,
1b. Arvind s/o Vishweshwar Arsad,
Aged - 45 years, Occupation- cultivator,
1c. Manish s/o Vishweshwar Arsad,
Aged - 35 years, Occupation- cultivator,
Nos.1a to 1c all resident of Arvi, Tahsil
Arvi, District Wardha.
2. Sou. Ranjana W/o Hemant Gandole,
Aged about 42 years, Occ: - household,
Resident of Kotwal Nagar, Nagpur,
District Nagpur. ...CROSS-OBJECTORS
3. The State of Maharashtra through Collector,
Wardha, Tahsil and District Wardha.
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4. Sub Divisional Officer and Special
Land Acquisition Officer, Arvi,
District Wardha. ...RESPONDENTS
____________________________________________________________________
Shri Abhijit Parihar, Advocate for appellant.
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/legal representatives
of original claimant take exception to the judgment and award dated
19.01.2012 passed in Land Acquisition Case No.370 of 2005 by the
learned 4thJoint Civil Judge, Senior Division, Wardha, wherein the
learned Reference Court awarded compensation at the rate of Rs.
1,00,000/- per hectare for the dry crop land of the cross-objectors
situated at Survey Nos.33 and 36 admeasuring 1.07 H.R. and 1.34,
respectively, village Neri, Tahsil Arvi, District Wardha .
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that the present appeal came to be withdrawn by the appellant V.I.D.C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 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 this Court adjudicated the award in the above cross-
objection as the appellant/VIDC 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. Since the land of the cross-objectors/claimants in the
present cross-objection is situated at village Neri and the said land was
acquired under the same Notification issued under Section 4(2)
published on 12.04.1999 and village Nababpur, Mahimapur, Roshanpur
and Neri are adjoining villages, the claimants would be entitled for
enhanced amount of compensation on the ground of parity. As the issue
involved in the present cross-objection is already decided by this Court
in the aforesaid cross-objection and since the land of the cross-objectors
herein 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 Nos.33 and 36
admeasuring 1.07 H.R. and 1.34 H.R., respectively, situated at Neri at
the rate of Rs.1,68,000/- with all statutory benefits and interest. Hence,
cross-objection filed by the claimants is allowed. Consequently, the
judgment and decree of the Reference Court is modified as under :
(i) The cross-objectors/legal representatives of original
claimant are entitled for enhanced compensation at the rate of
Rs.1,68,000/- per hectare for land Survey Nos.33 and 36
admeasuring 1.07 H.R. and 1.34 H.R., respectively situated at
Neri, Tahsil Arvi, District Wardha alongwith all statutory benefits.
(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 948 days delayed period for filing cross objection.
(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
