Bombay High Court
Madhukar Tukaram Harde vs The State Of Maharashtra Through ... on 2 December, 2022
Bench: Avinash G. Gharote
1 111fa1619.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO. 1619 OF 2019
APPELLANT : Madhukar Tukaram Harde,
aged 62 years, Occ. Agriculture
R/o. Ghuikhed, Tq. Chandur Rly,
Dist. Amravati.
Versus.
RESPONDENTS 1] The State of Maharashtra, through
the Collector, Camp Amravati.
2] Special Land Acquisition Officer,
Upper Wardha Project No.4
Amravati Collector's Compound,
Amravati, Tq. & Dist. Amravati.
3] The Executive Engineer,
Bembla Project Division, Yeotmal,
Tq. And Dist. Yeotmal
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. N.S.Bhelkar, Advocate for the appellant
Mr. M.A.Kadu, Advocate for Respondent No.3
Ms. S.S.Jachak, AGP for Respondent Nos. 1 & 2
Oral Judgment
CORAM: AVINASH G. GHAROTE, J.
DATED : 02nd DECEMBER, 2022.
1] Heard learned counsel appearing for the
parties.
2] The factual position in the present
appeal is as under -
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BEMBLA RIVER PROJECT, DISTRICT YAVATMAL
DATE OF NOTIFICATION U/S 4 OF THE LAC 26.10.2005
ACT
Property Area of LAO Award Ref. Court
details property as per Dated Award
award 06.09.2008 Dated
27.09.2016
Plot No:258 Plot Area : Rs.140/- per Rs.500/- per
Village: 114.60 Sq.mt Sq.mtr.
Ghuikhed Sq.mtr.
Tahsil
Chandur Construction: Rs.1600.93/- Rs.2161.25/
Railway 114.60 Sq.mtr. per Sq. - per Sq.
District : mtr. mtr.
Amravati
3] The appeal challenges the judgment of the
Reference Court dated 27.09.2016 whereby the
learned Reference Court has enhanced the
compensation for the open plot to Rs.500/-per
sq.mtr. and has granted compensation for the
constructed area at the rate of Rs. 2161.25 /- per
sq.mtr., in respect of plot No.258 as detailed above.
These details are not dipsuted by the LCR-3.
4] In First Appeal No. 1378/2018 (Sharad
Gangadhar Gulhane Vs. State of Maharashtra &
Ors.) and First Appeal No. 389 of 2018 (Lilabai
Omkarrao Giri and others Vs. State of Maharashtra
3 111fa1619.19.odt
& Ors.) decided on 06.09.2021, this Court, while
considering the claim for enhancement of
compensation in respect of plots at Village Ghuikhed
had decided the compensation to Rs.575/- per
sq.mtr. The fixing of the said rate, of open plot, was
based upon the fact that the said Village is located
on the border of the State Highway i.e. Aurangabad
- Nagpur Highway, about half kilometer from the
highway, from there is an approach road to the
Village and considering the sale deed dated
30.03.1995 of the same village, the compensation
was enhanced considering the escalation / increase
per year for a period of 10 and half years and the
aforesaid rate of Rs.575/- per sq.mtr. for open plot
has been fixed.
5] In the instant matter, no material, has
been brought to my notice existing on record, for me
to take a different view than what has been already
taken by this court in First Appeal No. 1378/2018
(Sharad Gangadhar Gulhane Vs. State of
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Maharashtra & Ors.) (Supra).
6] The evidence of Chandrashekhar
Wankhede PW-2, the Valuer at Exh. 27 (pg 55)
who claims the market rate to be Rs.1500/- per sq.mtr.
for open plot, a perusal whereof would demonstrate that
he has not enquired about any sale instance, from the
same village, or from the neighbouring village, in order
to arrive at the rate as been quoted in his report Exh.28.
He further, admits in his cross-examination that for the
purpose of determining the value of the plot, the value of
the neighbouring properties, has to be ascertained which
has not been done by him. Neither he has enquired from
the Gram Pachayat, when the construction was made,
apart from which, there is nothing in his report or on
record to indicate the nature of the construction,
considering which, there is no reason, to accept the value
of construction pegged by him or any reason whatsoever
for the rate accepted by the learned Reference Court
insofar as construction is concerned, to be interfered.
7] That being the position, in view of the
rate of open plot for Village Ghuikhed, having
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already being determined by this Court at Rs.575/-
per sq.mtr., the appellant, would only be entitled to
that benefit and nothing else.
8] In so far as the construction is concerned,
the PW-2 Chandrashekhar Wankhede quotes the
rate of Rs.5000/- per sq m however, in his evidence,
does not indicate any material to substantiate this
rate and therefore, the same had rightly been
discarded by the learned Reference Court. There is
nothing brought on record by the applicant
regarding the nature and quality of the construction
for me to take a view different than what has been
taken by the learned Reference Court in so far as the
rate of construction as awarded by the Reference
Court is concerned, considering the nature and
quality of the construction already on record and
therefore, the said rate does not need any
interference.
9] In the result, the appeal is partly allowed
and the impugned judgment under reference is
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modified by enhancing the rate of open plot as
granted by the learned Reference Court at Rs.500/-
per sq.mtr. to Rs.575/- per sq.mtr, as held in Sharad
Gangadhar Gulhane (supra). Rest of the judgment
of the learned Reference Court is maintained.
10] The difference in the amount of
compensation and all ancillary benefits arising
therefrom as per the provisions of the Land
Acquisition Act, as applicable thereto be calculated
and deposited in the Reference Court within a
period of eight weeks from today. The difference in
court fees, if any, shall also be deposited by the
appellant with this Court within eight weeks.
11] The First Appeal is partly allowed in the
above terms. No costs.
12] Pending applications, if any, shall stand
disposed of accordingly.
Digitally sign byRAJESH
JUDGE VASANTRAO JALIT
Location:
Signing Date:06.12.2022 14:29
Rvjalit
