Bombay High Court
Vidarbha Irrigation Development ... vs Ramesh S/O Sadhuji Kathane And ... on 8 October, 2021
Bench: Pushpa V. Ganediwala
xob110.17.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CROSS-OBJECTION NO.110 OF 2017
IN
FIRST APPEAL NO. 323 OF 2016 (D)
Vidarbha Irrigation Development
Corporation, through its Executive
Engineer, Lower Wardha Project
Division, Tahsil and District Wardha.
...APPELLANT
VERSUS
1. Ramesh s/o Sadhuji Kathane,
Aged 69 years, Occ: Agriculturist,
R/o Neri, Tahsil, Arvi, Dist. Wardha.
(Deceased through LRs)
1-A. Smt. Alokabai Ramesh Kathane,
Aged about 70 years,
R/o Punarvasan, Neri, Tah. Neri,
Dist. Wardha.
1-B. Shri Mahesh Ramesh Kathane,
Aged about 55 years,
R/o 55 Arvi Pulgao Road,
Mirzapur, Tah. Neri, Dist. Wardha.
1-C. Shri Nilesh Ramesh Kathane,
Aged about Major,
R/o Punarvasan, Neri, Tah. Neri,
Dist. Wardha. ...CROSS OBJECTORS
2. The State of Maharashtra through
the Collector, Wardha.
3. Sub Divisional Officer and Special
Land Acquisition Officer, Arvi,
District Wardha
...RESPONDENTS
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xob110.17.odt 2
____________________________________________________________________
Shri S.K. Bhoyar, Advocate for appellant.
Shri Tushar Darda, Advocate for cross-objectors.
Ms H.N. Jaipurkar, A.G.P. for respondent Nos.2 & 3.
____________________________________________________________________
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
11.01.2012 passed in Land Acquisition Case No.352 of 2005 by the
learned 4th Joint Civil Judge, Senior Division, Wardha, wherein the
learned Reference Court awarded compensation at the rate of
Rs.2,00,000/- per hectare for the irrigated land of the cross-objectors
situated at Survey No.14/1 admeasuring 1.55 H.R., village Neri, 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that the present appeal came to be withdrawn by the appellant V.I.D.C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 13.07.2019.
4. Learned counsel for the parties 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.
5. 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 the afore cited
judgment, the cross-objectors herein are entitled to receive
compensation at the rate of Rs.3,68,510/- per hectare for their irrigated
land.
6. 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.110 of 2017 is allowed.
(ii) 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.41/1 admeasuring
1.55 H.R. situated at Neri, Tahsil Arvi, District Wardha alongwith
all statutory benefits.
(iii) 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.
(iv) The cross-objectors shall not be entitled to claim
interest for delayed period for filing cross objection, if any.
(v) 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.
(vi) 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
