Vidarbha Irrigation Development ... vs Ramchandra Zapaji Kolhe And 3 ...
2021 Latest Caselaw 14791 Bom

 xob85.17.odt                                                                      1


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

                         CROSS-OBJECTION NO.85 OF 2017
                                       IN
                        FIRST APPEAL NO. 487 OF 2014 (D)

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

                                   VERSUS

 1.       Ramchandra Zapaji Kolhe,
          Aged 85 years, Occ: Nil,
          R/o Mirzapur (Neri), Tq. Arvi,
          Dist. Wardha. (Deceased through LRs)

 1a.      Smt. Kamala Ramchandra Kolhe,
          Aged about 74 years,
          R/o Mirzapur (Neri),
          Tq. Arvi, Dist. Wardha.

 1b.      Shri Nityanand Ramchandra Kolhe,
          Aged about 55 years,
          R/o Mirzapur (Neri),
          Tq. Arvi, Dist. Wardha.

 1c.      Shri Virendra Ramchandra Kolhe,
          Aged about 51 years,
          R/o Mirzapur (Neri),
          Tq. Arvi, Dist. Wardha.

 1d.      Shri Mahendra Ramchandra Kolhe,
          Aged about 47 years,
          R/o Mirzapur (Neri),
          Tq. Arvi, Dist. Wardha.

 1e.      Sau. Vandana Subhashrao Yenorkar,
          Aged about 53 years,
          R/o Mirzapur (Neri),
          Tq. Arvi, Dist. Wardha.                      ..CROSS OBJECTORS

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  xob85.17.odt                                                                          2



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

 3.       Special Land Acquisition Officer,
          Vidarbha Irrigation Development
          Corporation, Wardha.

 4.       Sub-Divisional Agriculture 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.2 to 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

31.10.2012 passed in Land Acquisition Case No.184 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/-

for the irrigated land of the cross-objectors situated at Survey No.18/1

admeasuring 1.58 H.R. village Roshanpur, Tahsil Arvi, District Wardha.

3. Learned counsel appearing for the parties have pointed out

that the present appeal came to be dismissed in default by order of this

Court dated 20.11.2019.

4. Learned counsel Shri Tushar Darda submits the learned

Reference Court has adjudicated in the impugned judgment the market

value for the perennially irrigated land of the claimants at

Rs.3,18,512/-. However, the learned Reference Court have not

calculated the compensation at the aforesaid rates in reaching the

conclusion that the claimant is entitled for enhanced market value of

Rs.2,43,336/- for his 1.58 H.R. acquired land after deducting

Rs.1,51,664/-, which has been granted by the Special Land Acquisition

Officer. In such circumstances, cross-objectors are entitled to receive

enhanced amount of compensation at the rate of Rs.3,18,510/- per

hectare, in addition to the compensation the cross-objectors received

towards valuation of fruit bearing trees.

5. The learned counsel Shri. Parihar does not dispute this fact on

record.

6. I have perused the impugned judgment and satisfied that

the learned reference court adjudicated the market value of the subject

land at the rate Rs. 3,18,510/- per hectare. However, may be due to

mistake in calculations, the figures in conclusion, are not according to

the rates adjudicated. In this view of the matter, the judgment and

decree of the Reference Court needs to be modified to that extent and

the same is modified as under :

(i) The cross-objectors/legal representatives of original

claimant are entitled for enhanced compensation at the rate of

Rs.3,18,510/- per hectare for land Survey No.18/1 admeasuring

1.58 H.R. situated at Roshanpur, Tahsil Arvi, District Wardha in

addition to enhanced compensation towards valuation of the fruit

bearing trees of Rs.13,95,995.85 (after deducting Rs.10,88,041/-,

already granted by SLAO) 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 of 744

days in 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-objectors 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 stand disposed of with no order as to

costs.

JUDGE

Wagh