Bombay High Court
Vidarbha Irrigation ... vs Rajabhau Shyamrao Wnkhede And 2 ... on 8 October, 2021
Bench: Pushpa V. Ganediwala
fa238.15_xob69.17.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 238 OF 2015
Vidarbha Irrigation Development
Corporation through its Executive
Engineer, Lower Wardha Project
Division, Wardha, Tah. & Dist. Wardha.
...APPELLANT
VERSUS
1. Rajubhau Shyamrao Wankhede,
Aged about 46 years, Occ: Agriculturist,
R/o Mirzapur (Neri), Tah Arvi,
Dist. Wardha.
2. The State of Maharashtra,
Through its Collector, Wardha,
District Wardha.
3. Special Land Acquisition Officer,
(VIDC) Wardha, Tahsil and District Wardha.
...RESPONDENTS
WITH
CROSS-OBJECTION NO.69 OF 2017
Vidarbha Irrigation Development
Corporation through its Executive
Engineer, Lower Wardha Project
Division, Wardha, Tah. & Dist. Wardha.
...APPELLANT
VERSUS
1. Rajubhau Shyamrao Wankhede,
Aged about 46 years, Occ: Agriculturist,
R/o Mirzapur (Neri), Tah Arvi,
Dist. Wardha.
... CROSS-OBJECTOR
2. The State of Maharashtra,
Through its Collector, Wardha,
District Wardha.
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fa238.15_xob69.17.odt 2
3. Special Land Acquisition Officer,
(VIDC) Wardha, Tahsil and
District Wardha. ...RESPONDENTS
______________________________________________________________
Shri S. K. Bhoyar, Advocate for appellant/VIDC.
Shri Tushar Darda, Advocate for cross-objector.
Ms H.N. Jaipurkar, A.G.P. for respondent Nos. 2 and 3.
______________________________________________________________
CORAM : PUSHPA V. GANEDIWALA, J.
DATED : 8th OCTOBER, 2021.
ORAL JUDGMENT :
Heard.
2. This appeal and cross-objection take exception to the
judgment and award dated 28.02.2013 passed in Land Acquisition Case
No.187 of 2007 by the learned Joint Civil Judge, Senior Division,
Wardha, wherein the learned Reference Court awarded compensation
at the rate of Rs.2,50,000/- per hectare for the irrigated land of the
cross-objector situated at Survey No.11 admeasuring 4.80 H.R., village
Roshanpur, Tahsil Arvi, District Wardha.
3. Learned counsel Shri Tushar Darda submits that this
matter can be disposed of as the issue involved in this appeal and cross-
objection is covered by the judgment of this Court in Cross Objection
No.85 of 2017 in First Appeal No.847 of 2014 wherein this Court
awarded compensation at the rate of Rs. 3,18,510/- per Hectare for
irrigated land. The learned Counsel for the respondents does dispute
this fact.
4. I have perused the record and the aforesaid judgment in
Cross-Objection No.85 of 2017 in First Appeal No.847 of 2014. I am
satisfied that subject lands in both the matters are similarly situated. In
this view of the matter, for the reasons stated in afore cited judgment,
the cross-objector herein is entitled to receive compensation at the rate
of Rs.3,68,510/- per hectare for their irrigated land.
5. The judgment and decree of the Reference Court is
modified as under :
(i) Appeal No.238 of 2015 is dismissed. Cross Objection
No.69 of 2017 is allowed.
(ii) The cross-objector/claimant is entitled for enhanced
compensation at the rate of Rs.3,18,510/- per hectare for land
Survey No.11 admeasuring 4.80 H.R. situated at village
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) The cross-objector shall not be entitled to claim
interest for delayed period for filing cross objection.
(iv) 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 cross-objector shall be entitled to
withdraw the same.
(v) The withdrawal of the enhanced amount of
compensation shall be subject to payment of deficit amount of
Court fee, if any.
(vi) The First Appeal and Cross-objection stand disposed
of with no order as to costs.
JUDGE
Wagh
