Vidarbha Irrigation Devp. ... vs Surendra Nilkanth Pardake And ...
2022 Latest Caselaw 12667 Bom

                             1                 377.FA.937-2017 JUDGMENT.odt




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

               FIRST APPEAL NO. 937 OF 2017

    Vidarbha      Irrigation Development
    Corporation Through Its Executive
    Engineer, Bembla Project Division
    District Yavatmal.                              APPELLANT


      Versus

 1. Surendra Nilkanth Pardake,
    Aged about 45 years, Occ. Agriculturist,
    R/o. Dighi, Tq. Babhulgaon,
    District Yavatmal.

 2. The State of Maharashtra,
    Through Collector, Yavatmal.


 3. Special Land Acquisition Officer,
    Bembla Project, Yavatmal,
    District Yavatmal.                            RESPONDENTS


-----------------------------------------------
Mr. J.B. Kasat, Advocate for the Appellant.
Mr. A.B. Nakshane, Advocate for Respondent No.1.
Ms. M.H. Deshmukh, AGP for Respondent Nos. 2 & 3.
-----------------------------------------------

                  CORAM : AVINASH G. GHAROTE, J.

                  DATED     : 06th NOVEMBER, 2022.

ORAL JUDGMENT :-
                                      2               377.FA.937-2017 JUDGMENT.odt

Heard Mr. Kasat, learned Counsel for the appellant,

Mr. Nakshane, learned Counsel for the respondent No.1 and

Ms. Deshmukh, learned AGP for the respondent Nos. 2 and

3/State.

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 04.02.1999

Property Area of property LAO Award Dated Ref. Court details 10.04.2002 Award Dated 20.03.2013

Plot No: 147 Plot Area : Rs.75/- per Rs.550/- per Village: Dighi 116.55 Sq.mtr. Sq.mtr. Sq.mtr.

 Tahsil
 Babhulgaon       Construction:          Rs.1390/- per Sq. Rs.2100/- per
 District :       77.25 Sq.mtr.          mtr.              Sq. mtr.
 Yavatmal

3. The appeal challenges the judgment of the learned

Reference Court dated 20.03.2013, whereby the learned

Reference Court has enhanced the compensation for the open

Plot to Rs.550/-per sq.mtr., and has granted compensation for

the constructed area at the rate of Rs.2100/- per sq.mtr., in

respect of Plot No.147 as detailed above.

3 377.FA.937-2017 JUDGMENT.odt

4. In First Appeal No. 487/2006 Vidarbha Irrigation

Development Corporation Vs. Nitin Pralhadrao Pardakhe and

Ors., this Court by the judgment dated 12/13.10.2010, has fixed

the rate of open plot for Village Dighi at Rs. 500/- per sq.mtr.

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 Nitin

Pralhadrao Pardakhe (supra).

6. The evidence of PW-2 Chandrashekhar Panjabrao

Wankhade at Exh.27 the valuer, who has filed the report at

Exh. 28 claiming the market rate to be Rs. 1487/- per sq.mtr. for

open plot, a perusal whereof would demonstrate, that he had no

document with him to show the market rate of the open plot on

the date of notification, neither he has made any inquiry with

the Office of Sub Registrar nor obtain any sale instances of the

same locality for the purpose of determining the rates,

considering which, his evidence regarding the rates of the open

plot, has rightly been rejected by the learned Reference Court.

The matter therefore, would be covered by what has been held

in Nitin Pralhadrao Pardakhe (supra) in respect to the rate of 4 377.FA.937-2017 JUDGMENT.odt

open plot is concerned.

7. Insofar as the rate of construction is concerned, as

awarded by the learned Reference Court, though the

enhancement is more than of 25% as contemplated by Vidarbha

Irrigation Development Corporation Vs. Shri Vasant Nanaji Patre

& Ors., First Appeal (ST) No. 189/2018 decided on 19.12.2018 ,

however the report of PW-2 Chandrashekhar Panjabrao

Wankhade indicates, that the construction was made in

pursuance to the building permission granted by the Gram

Panchayat Dighi in the year 1991 which was completed in the

year 1992 having foundation of stone work with cement, walls

in brick with plastering, there were five rooms with toilet and

compound gate, IPS flooring, water and electrical fittings, teak

wood door and windows, GI roofing, considering which, I am

not inclined to interfere in the rate of compensation as awarded

by the learned Reference Court.

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

plot at Village Dighi, having already been determined by this

Court at Rs.500/- per sq.mtr., the appellant, would only be

entitled to that benefit and nothing else.

5 377.FA.937-2017 JUDGMENT.odt

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

impugned judgment under reference is modified by decreasing

the rate of open plot as granted by the learned Reference Court

at Rs.550/- per sq.mtr. to Rs.500/- per sq.mtr, as held in Nitin

Pralhadrao Pardakhe (supra). Rest of the judgment of the

learned Reference Court is maintained.

10. 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 the

amount payable with accrued interest thereupon be paid to the

claimants. The balance be refunded to the appellant.

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.) Signed By:SHRIKANT DAMODHAR BHIMTE S.D.Bhimte Signing Date:08.12.2022 14:47