Bombay High Court
Arun Ramchandra Sahare vs The State Of Maharashtra Through ... on 6 December, 2022
Bench: Avinash G. Gharote
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CROSS OBJECTION NO. 70 OF 2019
IN
FIRST APPEAL NO. 172 OF 2016 (D)
Arun Ramchandra Sahare
Age Yrs. Occ. Agriculturist,
R/o. Kolhi, Tq. Babhulgaon,
Dist. Yavatmal. CROSS OBJECTOR
Versus
1. The State of Maharashtra,
Through Collector, Yavatmal.
Tq. & District Yavatmal.
2. The Special Land Acquisition
Officer, Bembla Project Yavatmal,
Tq. & District Yavatmal.
3. Vidarbha Irrigation Development
Corporation through the Executive
Engineer, Bembla Project Division,
Yavatmal. RESPONDENTS
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Mr. A.B. Nakshane, Advocate for the Cross-objector.
Ms. M.H. Deshmukh, AGP for Respondent Nos. 1 & 2.
Mr. P.B Patil, Advocate for Respondent No.3.
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CORAM : AVINASH G. GHAROTE, J.
DATED : 6th DECEMBER, 2022.
ORAL JUDGMENT :-
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Heard Mr. Nakshane, learned counsel for the cross
objector, Ms. Deshmukh, learned AGP for the respondent Nos.1
and 2/State and Mr. Patil, learned counsel for the respondent
No.3.
2. The appeal challenges the judgment of the learned
Reference Court dated 29.08.2011 in respect of agricultural
land bearing Gat No.41 admeasuring 2.46 H.R. for Village Kolhi,
on account of submergence in the Bembla River Project, a
notification under Section 4 of the Land Acquisition Act, in
respect of which, was issued in the Official Gazette for the State
of Maharashtra on 06.06.2003. The award was passed on
22.09.2005, granting total compensation of Rs.73,783/- per
hectare, which has been enhanced by the learned Reference
Court by the judgment dated 29.08.2011 to Rs.1,95,500/- per
hectare for agricultural land.
3. At the outset, it is necessary to note, that the appeal
filed by the acquiring body against the judgment of the learned
Reference Court has been withdrawn by them.
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4. Mr. Nakshane, learned counsel for the cross objector
has strongly relied upon the judgment of the learned Reference
Court in L.A.C. No. 396/2007, Janardhan Maroti Sahare & Ors.
Vs. The State of Maharashtra & Ors., which also is in respect of
land bearing Gat No. 105 admeasuring 1.21 HR of Village Kolhi
in the same project, from the same notification, in which the
learned Reference Court, has enhanced the compensation for
agricultural land at the rate of Rs.2,68,000/- per hectare. First
Appeal No. 954/2017 (The Executive Engineer Bembla Project
Division Vs. Janardhan Maroti Sahare & Ors.), has been
withdrawn, which has been recorded in the judgment dated
12.10.2018 by this Court, in view of which, it is apparent, that
the present respondent No.3 has accepted the rate of
Rs.2,68,000/- per hectare as the rate for agricultural land in
Village Kolhi. It is not disputed by Mr. Patil, learned counsel for
the acquiring body, that the land of Gat No. 41 is also a dry crop
land, considering which, the above position would becomes
squarely applicable to the matter in hand.
5. There is no other material brought to my notice by
Mr. Patil, learned counsel for the respondent No.3, either from
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the evidence or from the document on record to enable me to
take a different view, considering which, it would be
appropriate to enhance the rate of agricultural land to Rs.
2,68,000/- per hectare.
6. Hence, the Cross Objection is allowed by enhancing
the rate of agricultural land to Rs. 2,68,000/- per hectare.
7. Pending applications, if any, shall stand disposed of
accordingly.
( AVINASH G. GHAROTE, J.)
S.D.Bhimte
Signed By:SHRIKANT
DAMODHAR BHIMTE
Signing Date:08.12.2022 16:30
