Bombay High Court
Deepak Devilal Jaiswal vs The Executive Engineer, Bembala ... on 5 December, 2022
Bench: Avinash G. Gharote
19-FA 570-2016 - judgment.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO.570/2016
APPELLANT : Deepak Devidas Jaiswal
(Ori. Appellant) Age 46 years, Occ. - Agriculture
On R.A. R/o Ghuikhed, Tq. Chandur Railway,
Dist. Amravati.
...VERSUS...
RESPONDENTS : 1) The Executive Engineer
(Ori. Respondent) Bembla Project Division,
On R.A. Yavatmal, Dist. Yavatmal.
2) Special Land Acquisition Officer,
Upper Wardha Project No.4 Amravati.
3) State of Maharashtra through
Collector Amravati, Dist. Amravati.
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Shri A.B. Nakshane, Advocate for appellants
Shri M.A. Kadu, Advocate for respondent no.1
Mrs. M.H. Deshmukh, AGP for respondent nos.2 and 3
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CORAM : AVINASH G. GHAROTE, J.
DATE : 05/12/2022
ORAL JUDGMENT
1. Heard learned counsels for the parties.
2. The factual position in the present appeal is as under -
19-FA 570-2016 - judgment.odt
Bembla River Project, District Yavatmal
Date of Notification under Section 4 of the Land 26/10/2005
Acquisition Act.
Property Area of property LAO granted by Ref. Court
details Award Dated granted by
06/09/2008 Award Dated
30/03/2015
Plot No: 629 Plot Area : 84.10 Rs.140/- per Rs.500 per
Village: Sq.mtr. Sq.mt Sq.mtr.
Ghuikhed
Tahsil Construction: Rs.904.30 per Sq. Rs.1220/- per
Chandur 84.10 Sq.mtr. mtr. Sq. mtr.
Railway
District :
Amravati
3. The appeal challenges the judgment of the Reference
Court dated 30/03/2015, 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.1220/- per sq.mtr., in respect of plot No.629, 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 (Lilabai
Omkarrao Giri and others Vs. The State of Maharashtra through the
Collector, Camp, Amravati and others) decided on 06/09/2021, this
19-FA 570-2016 - judgment.odt
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 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 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. The State of
Maharashtra through the Collector, Camp, Amravati and others ).
6. The evidence of Shri Chandrashekhar Wankhede, pw 2
the valuer, who claims the market rate to be Rs.1000/- per sq.mtr.
for open plot, a perusal whereof would demonstrate that he has not
19-FA 570-2016 - judgment.odt
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. 41). 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
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
19-FA 570-2016 - judgment.odt
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.
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.
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.
(AVINASH G. GHAROTE, J.)
MPDeshpande
Digitally signed by:MILIND
P DESHPANDE
Signing Date:06.12.2022
17:29
