Vidarbha Irrigation Development ... vs Marotrao Lakhaji Khandekar And 2 ...
2021 Latest Caselaw 14763 Bom

 xob62.18.odt                                                                         1


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

                          CROSS-OBJECTION NO.62 OF 2018
                                       IN
                         FIRST APPEAL NO. 723 OF 2015 (D)

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

                                    VERSUS

 1.       Marotrao s/o Lakhaji Khandekar,
          Aged 79 years, Occuu. - Cultivator,
          R/o Mirzapur (Neri), Tq. Arvi,
          District Wardha.
          (deceased through LRs)

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

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

 2.       The State of Maharashtra through
          the Collector, Wardha.

 3.       Special Land Acquisition Officer,
          Vidarbha Irrigation Development
          Corporation, 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.2 & 3.
 ____________________________________________________________________



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  xob62.18.odt                                                                          2


                               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

31.10.2012 passed in Land Acquisition Case No.186 of 2007 by the

learned Civil Judge, Senior Division, Wardha, wherein the learned

Reference Court awarded compensation at the rate of Rs. 1,25,000/-

per hectare for the dry crop land of the cross-objectors situated at

Survey No.60 admeasuring 1.42 H.R. at village Roshanpur, Tahsil Arvi,

District Wardha.

3. Learned counsel appearing for the parties have pointed out

that the appeal in which the present cross objection is filed, 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 is pleased to

award compensation at the rate of Rs.1,68,000/- per hectare for dry

crop land of the claimants therein situated at village 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 aforesaid 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 had awarded 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 Roshanpur and the said

land was acquired under the same Notification issued under Section

4(2) published on 12.04.1999 and village Nababpur, Mahimapur and

Roshanpur 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 adjudicated 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 recorded 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.60

admeasuring 1.42 H.R. situated at Roshanpur 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 No.60 admeasuring

1.42 H.R. situated at Roshanpur, 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 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