Vidarbha Irrigation Development ... vs Suryaprakash Madanlal Bhattad ...
2021 Latest Caselaw 14790 Bom

 xob89.17.odt                                                                         1


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

                         CROSS-OBJECTION NO.89 OF 2017
                                       IN
                        FIRST APPEAL NO. 221 OF 2016 (D)

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

                                      VERSUS

 1.       Suryaprakash Madanlal Bhattad,
          Aged about-56 years,
          Occupation- Agriculturist,

 2.       Kunjabihari Madanlal Bhattad,
          Aged about-54 years,
          Occupation- Agriculturist,

 3.       Ashokkumar Madanlal Bhattad,
          Aged about-52 years,
          Occupation- Agriculturist,

          All R/o Mirzapur (Neri), Tq.
          Arvi, Dist. Wardha.                         .... CROSS-OBJECTORS

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

 5.       Special Land Acquisition Officer,
          VIDC, Wardha, District Wardha
                                                                ...RESPONDENTS
 ____________________________________________________________________
 Shri S.K. Bhoyar, Advocate for appellant.
 Shri Tushar Darda, Advocate for cross-objectors.
 Ms H.N. Jaipurkar, A.G.P. for respondent Nos.4 & 5.
 ____________________________________________________________________

                               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 30.04.2012 passed in Land

Acquisition Case No.158 of 2005 by the learned 2 nd Joint Civil Judge,

Senior Division, Wardha, wherein the learned Reference Court awarded

compensation at the Rs. 1,74,000/- for the seasonally irrigated land of

the cross-objectors situated at Survey Nos.37, 36/1 and 36/2

admeasuring 1.95 H.R., 2.62 H.R. and 2.16 H.R., respectively, village

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that the present appeal came to be withdrawn by the appellant V.I.D.C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

4. Learned counsel for the parties further submit that this

matter can be disposed of as the issue involved in this cross-objection

has already been considered by this Court in Cross Objection No.85 of

2017 in First Appeal No.847 of 2014 and Cross-objection No.31 of

2018 in First Appeal No.433 of 2014.

5. I have perused the record and the afore cited judgments.

In Cross-objection No.31 of 2018 in First Appeal No.433 of 2014, Co-

ordinate Bench of this Court adjudicated the market value for dry crop

land at Rs.1,68,000/- per hectare and in Cross Objection No.85 of 2017

in First Appeal No.847 of 2014, this Court adjudicated market value for

irrigated land at Rs.3,18,510/-. Admittedly, the subject land in this

cross-objection is seasonally irrigated therefore the claimant herein

would be entitled to receive compensation at the rate 1.5 times of the

rates for the dry crop land i.e. Rs.1,68,000/-.

6. In this view of the matter, for the reasons stated in the

afore cited judgments, the cross-objectors herein are entitled to receive

compensation at the rate of Rs.2,52,000/- per hectare for their

seasonally irrigated land. The cross-objectors/claimants would also be

entitled to receive in addition Rs.37,648/- each for their three lands

(Rs.37,648 × 3) towards embankment, as has been awarded by the

Reference Court.

7. In this view of the matter, the judgment and decree of the

Reference Court needs to be modified and the same is modified as

under :

(i) Cross Objection No.89 of 2017 is allowed.

(ii) The cross-objectors/claimants are entitled for enhanced

compensation at the rate of Rs.2,52,000/- per hectare for land

Survey Nos.37, 36/1 and 36/2 admeasuring 1.95 H.R., 2.62 H.R.

and 2.16 H.R., respectively situated at Mahimapur, Tahsil Arvi,

District Wardha in addition to Rs.37,648/- each (Rs.37,648 × 3)

towards embankment 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-objectors shall not be entitled to claim interest on

the enhanced amount of compensation for delayed period in filing

cross objection, if any.

(iv) Appellant/VIDC 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 Cross-objection stands disposed of with no order as to

costs.

JUDGE Wagh