Vishweshwar Gulabrao Arsad ... vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 14788 Bom

 fa1146.17.odt                                                                       1


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

                          FIRST APPEAL NO. 1146 OF 2017
          Vishweshwar Gulabrao Arsad (dead)
          through L.Rs.;

 1.       Smt. Ushwa 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 - business,

          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,
          District Wardha.

 2.       The Executive Engineer,
          Lower Wardha Project Division,
          Wardha, District Wardha.

 3.       Special Land Acquisition Officer,
          Vidarbha Path Bandhare Vikas
          Mahamandal, Collectorate Office,
          Wardha, Tahsil and District Wardha.
                                                               ...RESPONDENTS




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  fa1146.17.odt                                                                        2


 ______________________________________________________________
 Shri Tushar Darda, Advocate for appellants.
 Ms H.N. Jaipurkar, A.G.P. for respondent Nos.1 & 3.
 Shri B.N. Jaipurkar, Advocate for respondent No. 2.
 ______________________________________________________________

                               CORAM : PUSHPA V. GANEDIWALA, J.

DATED : 8th OCTOBER, 2021.

ORAL JUDGMENT :

Heard.

2. In this appeal, appellants/claimants take exception to the

judgment and award dated 12.04.2013 passed in Land Acquisition Case

No.245 of 2006 by the learned Joint Civil Judge, Senior Division,

Wardha, wherein the learned Court awarded compensation for the dry

crop land of the claimants situated at Survey No.65 admeasuring 3.29

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

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

3. Learned counsel appearing for the parties submitted 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 afore cited 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 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 appellants/claimants in the present

appeal 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 appeal is already

decided by the judgement of this Court in the aforesaid appeal and

since the land of the appellants being similarly situated, I do not find

any reason to take a different view in this appeal.

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, appellants/claimants herein are also entitled to receive

compensation for dry crop land Survey No.65 admeasuring 3.29 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 partly

allowed. Consequently, the judgment and decree of the Reference Court

is modified as under :

(i) The appellants/claimants are entitled for enhanced

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

Survey No.65 admeasuring 3.29 H.R. situated at Nababpur, Tahsil

Arvi, District Wardha alongwith all statutory benefits. Needless 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 compensation amount shall be

payment of the deficit court fee, if any.

(iv) The appeal stands disposed of with no order as to costs.

JUDGE Wagh