Shankar Vyankat Navghare vs The State Of Maharashtra Through ...
2022 Latest Caselaw 12505 Bom

                            1               105.FA.876-2019 JUDGMENT.odt




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

               FIRST APPEAL NO. 876 OF 2019


     Shankar Vyankat Navghare
     Age 65 Yrs. Occ. Agriculture
     R/o. Ghuikhed, Tq. Chandur Rly.
     Dist. Amravati.                             APPELLANT


      Versus


 1. The State of Maharashtra,
    Through     the   Collector,   Camp,
    Amravati.


 2. The 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. & District Yeotmal.                     RESPONDENTS

----------------------------------------------
Mr. N.S. Bhelkar, Advocate for the Appellant.
Ms. Sangeeta Jachak, AGP for Respondent Nos. 1 & 2.
Ms. Mallika Babhulkar, Advocate for Respondent No.3.
-----------------------------------------------

                 CORAM : AVINASH G. GHAROTE, J.

                 DATED    : 2nd DECEMBER, 2022.
                                         2               105.FA.876-2019 JUDGMENT.odt




ORAL JUDGMENT :-


               Heard Mr.         Bhelkar, learned Counsel for the

appellant, Ms. Jachak, learned AGP for the respondent Nos.1

and 2/State and Ms. Babhulkar, learned Counsel for the

respondent No.3.

2. The factual position in the present appeal is as

under -

BEMBLA RIVER PROJECT, DISTRICT YAVATMAL

DATE OF NOTIFICATION U/S 4 OF THE LAC ACT 26.10.2005

Property Area of property LAO Award Dated Ref. Court details 06.09.2008 Award Dated 16.02.2016

Plot No:314 Plot Area : 124.4 Rs.140/- per Rs.500/- per Village: Sq.mtr. Sq.mt Sq.mtr.

Ghuikhed Tahsil Construction: 87 Rs.2120.07/- per Rs.2317.25/-

 Chandur             Sq.mtr.          Sq. mtr.         per Sq. mtr.
 Railway
 District :
 Amravati




3.             The     appeal    challenges       the   judgment             of        the

Reference Court dated 16.02.2016, whereby the learned

Reference Court has enhanced the compensation for the open 3 105.FA.876-2019 JUDGMENT.odt

plot to Rs.500/-per sq.mtr. and has granted compensation for

the constructed area at the rate of Rs.2317.25/- per sq.mtr., in

respect of plot No.314 as detailed above.

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 & 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 4 105.FA.876-2019 JUDGMENT.odt

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

Maharashtra & Ors.) (Supra).

6. The evidence of PW-2 Chandrashekhar Wankhade at

Exh.33 the valuer, who claims the market rate to be Rs.1,500/-

per sq.mtr. for open plot, would demonstrate, that he has not

inquired about any sale instance, from the same Village or from

the neighboring Village, in order to arrive at the rate as been

quoted in his report at Exh. 34. He further, admits in his

cross-examination that for the purpose of determining the value

of the plot, the value of the neighboring properties, has to be

ascertained, which has not been done by him, neither he has

inquired from the Gram Panchayat, when the construction has

been made, apart from which, there is nothing in his report or

on record to indicate the nature of the construction. However,

the rate awarded by the learned Reference Court cannot be

interfered with, though it appears to be on the higher side, as

there is no cross appeal by the acquiring body regarding the rate

of construction as awarded by the learned Reference Court.

5 105.FA.876-2019 JUDGMENT.odt

7. That being the position, in view of the rate of open

plot for Village Ghuikhed, having 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. Insofar as the rate for construction is concerned,

though PW-2 Chandrashekhar has claimed Rs. 4,000/- per

sq.mtr. in his report, again his report suffers from lack of

material for arriving at this rate, considering which, the rate for

construction as granted by the learned reference court needs no

interference.

9. In the result, the appeal is partly allowed and the

impugned judgment under reference is 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 6 105.FA.876-2019 JUDGMENT.odt

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.

( AVINASH G. GHAROTE, J.)

S.D.Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:06.12.2022 17:55