Bombay High Court
Vijay S/O Udhaorao Kamble vs Vidarbha Irrigation Development ... on 1 September, 2021
Bench: Pushpa V. Ganediwala
2FA 1056.2013.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO. 1056 OF 2013
Vidarbha Irrigation Development Corporation,
through its Executive Engineer, Bembla Project,
Yavatmal.
...APPELLANT
Versus
1. Vijay Udhaorao Kamble,
aged about 40 years, Occ. Agriculturist,
R/o Barad, Post Pahur,
Tal. Babulgaon, District Yavatmal.
2. The State of Maharashtra,
through the Collector, Yavatmal.
3. The Special Land Acquisition Officer,
Benefited Zone, Yavatmal.
...RESPONDENTS
WITH
CROSS OBJECTION NO. 19 OF 2015
Vijay Udhaorao Kamble,
aged about 40 years, Occ. Agriculturist,
R/o Barad, Post Pahur,
Tal. Babulgaon, District Yavatmal.
...CROSS OBJECTOR
Versus
1. Vidarbha Irrigation Development Corporation,
through its Executive Engineer, Bembla Project,
Division Ta. And Distt. Yavatmal.
2. The State of Maharashtra,
through the Collector, Yavatmal,
Ta. And Distt. Yavatmal.
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2FA 1056.2013.odt 2
3. The Special Land Acquisition Officer,
Benefited Zone, Yavatmal.
...RESPONDENTS
Shri A.B. Patil, Advocate for the appellant in First Appeal
No.1056/2013 and for respondent No.1 in Cross Objection
No.19/2015.
Shri S.V. Ingole, Advocate for respondent No.1 in First Appeal
No.1056/2013 and for the cross-objector in Cross Objection
No.19/2015.
Ms. Shamsi Haider, A.G.P. for respondent Nos.2 and 3.
.....
CORAM : PUSHPA V. GANEDIWALA, J.
DATED : SEPTEMBER 01, 2021.
ORAL JUDGMENT :
Heard.
2. Shri Ingole, learned counsel for the claimant/ cross-
objector submits that the instant Appeal and the Cross
Objection can be decided as the issue involved in the instant
Appeal is covered by the judgment delivered by this Court in
the case of Ashok s/o Uttamchand Kotecha (Since dead) thr.
LRs Savita wd/o Ashok Kotecha & Ors. Vs. The State of
Maharashtra & Ors. [First Appeal No. 399/2011] & Anr.
connected matter. He submits that in the said Appeal, this
Court has enhanced the compensation for the subject land in
that matters @ Rs.2,10,000/- per hectare against the
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2FA 1056.2013.odt 3
compensation which was enhanced by the Reference Court @
Rs.1,75,000/- per hectare. He further submits that the subject
land in the present Appeal and the Cross Objection is similarly
situated with the land which was acquired in the aforecited
First Appeal, i.e., First Appeal No. 399/2011 & anr. connected
matter as both the lands are situated at Village Barad, Tal.
Babulgaon, District Yavatmal and was acquired under the
notification dated 24/07/2003 issued under Section 4 of the
Land Acquisition Act, 1894.
3. I have perused the record with the assistance of
learned both the counsel. I am satisfied that the subject land in
the instant Appeal so also the lands which were acquired in the
aforesaid Appeals are similarly situated.
4. In this view of the matter, 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 :
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2FA 1056.2013.odt 4
ORDER
i. First Appeal stands dismissed.
ii. Cross Objection stands partly allowed.
iii. The compensation for the land of the claimant
admeasuring 1 hectare 62 R out of Gat No.100/B, situated at
Village Barad, Tal. Babulgaon, District Yavatmal, is determined
@ Rs.2,10,000/- per hectare. This amount shall be paid by the
acquiring body to the claimant 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 claimant/ cross-objector is entitled to
withdraw the same, subject to payment of deficit Court fee.
JUDGE
******
Sumit
