Ravichandra Krushnarao Gulhane vs State Of Maha., Through ...
2022 Latest Caselaw 12593 Bom

                   1                                           FA 1332.17 judg

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

                               FIRST APPEAL NO.1332/2017

  Ramchandra Krushnarao Gulhane,
  Aged about 70 years, Occ.- Cultivator,
  R/o.-Ghuikhed, Tq. Chandur Rly,
  District Amravati.                                               ... Appellant.

                                       -Versus-

  1. State of Maharashtra,
     through Collector, Amravati.

  2. Special Land Acquisition Officer,
     (A.V.P. No.4), Amravati, District Amravati.

  3. The Executive Engineer,
     Bembla Project Project Division, Yavatmal,                  (Org. resps. on RA)
     District Yavatmal.                                          .... Respondents.

  Mr. S.U. Nemade, Advocate for appellant.
  Mr. M.A. Kadu, Advocate for respondent no.3.
  Mrs. M. Deshmukh, AGP for respondents no.1 and 2.

                                 CORAM : AVINASH G GHAROTE, J.

DATE : 05-12-2022.

ORAL JUDGMENT

. Heard Mr. Nemade, learned Counsel for the appellant, Mr. Kadu, learned Counsel for respondent no.3 and Mrs. Deshmukh, learned AGP for respondent nos.1 and 2.

2 FA 1332.17 judg

2. The factual position in the present appeal is as under -

Bembla River Project, District Yavatmal Date of Notification under Section 4 of the 26/10/2005 Land Acquisition Act.

    Property       Area of           LAO granted       Ref. Court
    details        property            by Award        granted by
                                        Dated        Award Dated
                                     06/09/2008       06-05-2015

    Plot No: 66           Plot Area       :    Rs.140/- per         Rs.500 per
    Village:              139.05              Sq.mt                 Sq.mtr.
    Ghuikhed              Sq.mtr.
    Tahsil
    Chandur               Construction:       Rs.1322.17            Rs.1527/- per
    Railway               119.                per Sq. mtr.          Sq. mtr.
    District :            05Sq.mtr.
    Amravati

3. The appeal challenges the judgment of the Reference

Court dated 06-05-2015, 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.1782/- per sq.mtr., in respect of plot No.66, as detailed above.

4. In First Appeal No.1378/2018 (Sharad Gangadhar

Gulhane Vs. The State of Maharashtra through the Collector,

Camp, Amravati and others ) and First Appeal No.389/2018

3 FA 1332.17 judg

(Lilabai Omkarrao Giri and others Vs. The State of Maharashtra

through the Collector, Camp, Amravati and others ) 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 @ 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 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 10½ 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 to take a different view than what has been already taken by

this Court in First Appeal No.1378/2018 ( Sharad Gangadhar

Gulhane Vs. The State of Maharashtra through the Collector,

Camp, Amravati and others ).

4 FA 1332.17 judg

6. The evidence of Shri Chandrashekhar Wankhede, the

valuer, is required to be discarded as he has filed a report, which was

not in respect of the Plot No.66 but in respect of house no. 71

though belonging to the appellant. There is no other independent

material on record, except the evidence of the claimant, which

obviously is self-serving, to come to a conclusion regarding the

nature of the construction, as taken into consideration by the

learned Reference Court to come to a conclusion, I am not inclined

to interfere in the compensation awarded by the Reference Court

insofar as the construction is concerned.

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

village Ghuikhed, having already been determined by this Court at

Rs.575/- per sq.mtr. the appellant, would only be entitled to that

benefit and nothing else.

8. In the result, the impugned judgment under reference is

modified by enhancing the rate of open land 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

5 FA 1332.17 judg

judgment of the learned Reference Court is maintained.

9. 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 fee be deposited in this Court, if any.

10. The first appeal is partly allowed and disposed of

accordingly. All pending civil applications, if any, shall stand

disposed of. No order as to costs.

JUDGE

Deshmukh