Bombay High Court
Sharad Gangaram Chaudhari And ... vs V.I.D.C. Through The Executive ... on 1 September, 2021
Bench: Pushpa V. Ganediwala
6FA 481.2016.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO. 481 OF 2016
Vidarbha Irrigation Development Corporation,
through its Executive Engineer, Bembla Project Division,
Yavatmal.
...APPELLANT
Versus
1. Sharad Gangaram Chaudhary,
aged about 50 years, Occ. Service,
R/o Gilani Nagar, Tq. and District Yavatmal.
2. Sau. Ratnakala w/o Diwakar Landge,
aged about 53 years, R/o Dhanora (Mogal),
Tq. Chandur Railway, District Amravati.
Amendment carried out as per Court's
order dated 08/10/2013.
3. Sau. Madhuri w/o Jagdish Ambulkar,
aged about 44 years, R/o Warud,
Tq. and District Wardha.
4. Sanjay Gangaram Chaudhary,
aged about 41 years, R/o Gilani Nagar,
Tq. and District Yavatmal.
5. Sau. Nanda w/o Prashantrao Ambulkar,
aged about 33 years, R/o Warud,
Tq. and District Wardha.
6. Smt. Venutai wd/o Tulshiram Ambulkar,
aged about 79 years, R/o Warud,
Tq. and District Wardha (dead).
Matter is abated as per R(J) order
dated 02/08/2014.
6(i) Sureshrao Tulsiramji Ambulkar,
aged adult, R/o 15 Prithvi Apartments,
Surendra Nagar, Nagpur.
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6FA 481.2016.odt 2
6(ii) Sharad Tulsiramji Ambulkar,
aged adult, R/o Kartik Apartment, 2nd Floor,
Dattatray Nagar, Near NIT Garden, Nagpur.
6(iii) Prashant Tulsiram Ambulkar,
aged adult, R/o Bangwar Officers Colony (SECL),
Post Bemhouri Via Burhas,
District Shahdol (MP), PIN 484110.
6(iv) Sau. Mrinal Vasant Chinchalkar,
aged adult, R/o Tritasrhi Gopal Colony,
Borkute Layout, Narendra Nagar, Nagpur.
6(v) Sau. Kanta Gundewar Lakhe,
aged adult, R/o at Hiwra, Post Sathgaon,
Tq. Chimur, District Chandrapur.
6(vi) Sau. Asha Vijayrao Chawake,
aged adult, R/o Panchwati, Katol, District Nagpur.
7. The State of Maharashtra,
through The Collector, Yavatmal,
Tq. and District Yavatmal.
8. The Special Land Acquisition Officer,
Minor Irrigation Works No.II, Yavatmal.
...RESPONDENTS
WITH
CROSS OBJECTION NO. 59 OF 2018
1. Sharad Gangaram Chaudhary,
Occ. Agriculture, R/o Gilani Nagar, Yavatmal.
2. Ratnakala Diwakar Landge,
aged about 53 years, Occ. Household,
R/o Chandur Railway.
3. Madhuri Jagdish Ambulkar,
aged about 44 years, Occ. Agriculture,
R/o Wardha.
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6FA 481.2016.odt 3
4. Sanjay Gangaram Chaudhary,
aged about 41 years, Occ. Agriculture,
R/o Gilani Nagar, Yavatmal.
5. Nanda Prashantrao Ambulkar,
aged about 33 years, Occ. Householf,
R/o Chandrapur.
6. Venutai wd/o Tulshiram Ambulkar (dead) thr. LRs.
(i) Sureshrao Tulsiramji Ambulkar,
aged about 41 years, Occ. Agriculture,
R/o Surendra Nagar, Nagpur.
(ii) Sharad Tulsiramji Ambulkar,
aged about 50 years, Occ. Agriculture,
R/o NIT Garden, Nagpur.
(iii) Prashant Tulsiram Ambulkar,
aged about 33 years, Occ. Agriculture,
R/o Shahdol (MP).
(iv) Mrinal Vasant Chinchalkar,
aged about 28 years, Occ. Household,
R/o Borkute Layout, Narendra Nagar, Nagpur.
(v) Kanta Gundewar Lakhe,
aged about 27 years, Occ. Household,
R/o Chandrapur.
(vi) Asha Vijayrao Chawake,
aged about 42 years, Occ. Household, R/o Katol.
...CROSS OBJECTORS
Versus
1. Vidarbha Irrigation Development Corporation,
through the Executive Engineer, Bembla Project Division,
Ta. And Distt. Yavatmal.
2. State of Maharashtra,
through Collector, Yavatmal.
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6FA 481.2016.odt 4
3. Special Land Acquisition Officer,
Minor Irrigation Works No.II, Yavatmal.
...RESPONDENTS
Shri J.B. Kasat, Advocate for the appellant in First Appeal
No.481/2016 and for respondent No.1 in Cross Objection
No.59/2018.
Shri A.B. Nakshane, Advocate for respondent Nos.1 to 6 in First
Appeal No.481/2016 and for the cross-objectors in Cross Objection
No.59/2018.
Ms. Shamsi Haider, A.G.P. for respondent Nos.7 & 8 in First Appeal
No.481/2016.
.....
CORAM : PUSHPA V. GANEDIWALA, J.
DATED : SEPTEMBER 01, 2021.
ORAL JUDGMENT :
Heard.
2. Shri Kasat, learned counsel for the appellant VIDC,
submits that the instant Appeal and the Cross Objection can be
decided as the issue involved in the instant Appeal is covered
by the judgments delivered by this Court in the following
cases :
i. Vidarbha Irrigation Development Corporation
Vs. Balabhau son of Dattoba Thakare, since dead,
through his legal heirs Smt. Sindhubai Balabhau
Thakre & Ors. & Ors. [First Appeal No. 1182/2013
with Cross Objection No. 82/2019 d/on
09/10/2019].
ii. Ashok s/o Uttamchand Kotecha (since dead)
thr. LRs Savita wd/o Ashok Kotecha 7 Ors. Vs. The
State of Maharashtra & Ors. [First Appeal No.
399/2011 d/on 07/03/2019] & anr. connected
matter.
iii. Anami d/o Hanuman Wankhede Vs. The
Executive Engineer & Ors. [First Appeal No.
207/2018 d/on 28/07/2021].
iv. Pradipkumar Mohanlal Runwal & Ors. Vs.
The State of Maharashtra & Ors. [First Appeal No.
288/2020 d/on 28/02/2020].
The learned counsel further submits that the
subject lands in the aforesaid Appeals came to be acquired for
the Bembla Project. That the subject land in the instant Appeal
is situated at Village Thalegaon, Tq. Babhulgaon, District
Yavatmal admeasuring 4.06 hectares bearing Gat No. 30/2. He
submits that the notification under Section 4 of the Land
Acquisition Act, 1894 ("the Act") came to be issued on
14/08/2003 and that the award came to be passed on
09/06/2005. He further submits that the Land Acquisition
Officer has valued the rates for the acquired land @
Rs.84,335/- per hectare and that the Reference Court has
enhanced the compensation @ Rs.1,75,000/- per hectare. He
further submits that the compensation for the lands in the
adjoining village, which was acquired for the same purpose and
for which the notification issued also was in between July-
August, 2003, this Court has enhanced the compensation @
Rs.2,10,000/- per hectare. He further submits that in First
Appeal No.1182/2013, wherein the land, which was acquired
from Village Thalegaon, Tal. Babhulgaon, District Yavatmal and
for which the notification issued under Section 4 of the Act was
of dated 25/09/1997, this Court enhanced the compensation
for the said land @ Rs.1,28,500/- per hectare. He submits that
the notification in the instant case was also issued in the year
2003, and by calculating the amount of compensation with
increment @ 10% per annum, approx amount would be
Rs.2,10,000/- in the year 2003.
3. I have perused the aforecited judgments and the
impugned judgment and award. I am satisfied that the subject
land in the instant Appeal is similarly situated with the lands
acquired in the aforecited Appeals, and therefore, I do not see
any good reason to take a different view, as the issue involved
in the instant Appeal is already covered in the aforesaid
Appeals. Hence, I proceed to pass the following order :
ORDER
i. First Appeal stands dismissed.
ii. Cross Objection stands partly allowed.
iii. The compensation for the land of the claimants
admeasuring 4.06 hectares, situated at Village, Thalegaon, Tal.
Babhulgaon, District Yavatmal bearing Gat No. 30/02, is
determined @ Rs.2,10,000/- per hectare. This amount shall be
paid by the acquiring body to the claimants with all statutory
benefits.
iv. If the amount of compensation has not been
deposited by the acquiring body, the same shall be deposited
within a period of five months with the Registry of this Court.
On such deposit, the claimants/ cross-objectors are entitled to
withdraw the same.
JUDGE
******
Sumit
