Ashok S/O Mawanji Narewad vs State Of Maharashtra Through The ...
2022 Latest Caselaw 12506 Bom

                             1            104.FA.903-202 JUDGMENT.odt




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

               FIRST APPEAL NO. 903 OF 2022


     Ashok S/o Mawanji Narewad,
     Aged 47 years, Occ. Cultivator,
     R/o Kunali, Taluka Umarkhed,
     District Yavatmal.                        APPELLANT


      Versus


 1. State of Maharashtra,
    Through the Collector, Yavatmal.


 2. Executive Engineer,
    Local Irrigation Department, Pusad,
    Tq. Pusad, District Yavatmal.


 3. Special Land Acquisition Officer,
    Lower Pus Project Pusad,
    Tq. Pusad, District Yavatmal.             RESPONDENTS

-----------------------------------------------
Mr. K.S. Narwade, Advocate for the Appellant.
Ms. Sangeeta Jachak, AGP for Respondent Nos. 1 & 3.
Mr. Kaushtubh R. Lule, Advocate for Respondent No.2.
-----------------------------------------------

                 CORAM : AVINASH G. GHAROTE, J.

                 DATED      : 2nd DECEMBER, 2022.

ORAL JUDGMENT :-
                                    2                104.FA.903-202 JUDGMENT.odt

Heard Mr. Narwade, learned Counsel for the

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

and 3/State and Mr. Lule, learned Counsel for the respondent

No.2.

2. The factual position in the present appeal is as

under -

AMDAPUR PROJECT, DISTRICT YAVATMAL

DATE OF NOTIFICATION U/S 4 OF THE LAC ACT 19.06.1997

Details Details of LAO Award Dated Ref. Court property 27.11.2000 Award Dated 22.11.2007

Village: Kurali Survey No.126 Rs.17,500/- per Rs.27,000/-

 Tahsil            admeasuring         Hectare               per hectare
 Umarkhed          1.62 HR
 District :
 Yavatmal

3. The appeal challenges the judgment of the learned

Reference Court dated 22.11.2007, whereby the learned

Reference Court has enhanced the compensation for the

agricultural land to Rs.27,000/-per hectare, being dissatisfied

with the same.

4. Mr. Lule, learned Counsel for the respondent No.2 3 104.FA.903-202 JUDGMENT.odt

acquiring body, invites my attention to the judgment of this

Court in First Appeal No. 479/2015 Ganesh Dattatray Bhusale

(Deceased), through L.R.s Vs. The State of Maharashtra & Ors.,

decided on 09.07.2019 (page 24) and First Appeal No.

1330/2008 Ashokkumar S/o Deobarao Naik Vs. The State of

Maharashtra & Ors., decided on 03.10.2019, in which the

compensation for dry crop agricultural land situated in Village

Kurali, has been granted at Rs. 83,000/- per hectare, relying

upon an earlier judgment of this Court in First Appeal

No. 1110/2008. He fairly admits, that the situation in the

present matter would be squarely covered by the aforesaid two

judgments and as the land in the present First Appeal is also a

dry crop land, the same would also entitled for grant of

compensation at the rate of Rs.83,000/- per hectare. This

position, is borne out from the aforesaid two judgments, a copy

of which has been placed on record, in view of which, the

present First Appeal, is allowed and the judgment of the learned

Reference Court is hereby modified by increasing the

compensation for agricultural land of Survey No. 126, to Rs.

83,000/- per hectare. Rest of the judgment of the learned

Reference Court is maintained.

4 104.FA.903-202 JUDGMENT.odt

5. The respondent No.2, shall calculate the amount

payable as per this judgment by taking into consideration the

order dated 22.11.2022 passed on Civil Application (CAF)

No. 235/2021 and shall deposit the amount within six weeks

from today. In case any Court fees required to be paid by the

appellant for the enhanced compensation, the same shall be

deposit within one week thereafter.

6. The First Appeal is allowed in the above terms. No

costs.

7. 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