Bombay High Court
Executive Engineer, Bembla ... vs Umesh @ Suryakant Purushottam ... on 8 December, 2022
Bench: Avinash G. Gharote
358fa1040.17.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO. 1040 OF 2017
APPELLANTS : Executive Engineer,
(On R.A.) Bembla Project Division, Yavatmal
Tq. And Dist. Yavatmal
...VERSUS...
RESPONDENTS : 1] Umesh @ Suryakant Purushottam
Gulwade, aged 20 years,
Occ.- Agriculturist, R/o. Shingnapur Fata
Ner, Amravati Road, Ta. Nandgaon
(Khandeshwar), Dist. Amrvati
2] The State of Maharashtra
through the Collector, Yavatmal,
Tq. And Dist. Yavatmal
3] The Special Land Acquisition Officer,
Bembla Project, Yavatmal
WITH
CROSS OBJECTION NO. 89 OF 2019
APPELLANTS : Umesh @ Suryakant Purushottam
Gulwade, aged years,
Occ.- Agriculturist, R/o. B&C Colony,
Buldg No. 4, Quarter No. 12
Tq. And Dist. Yavatmal,
Presently R/o Gavner (Thalegaon),
Tq. Nandgaon (Khandeshwar),
Dist. Amrvati
...VERSUS...
358fa1040.17.odt
2
RESPONDENTS : 1] Executive Engineer, Project Division,
Yavatmal, Tq. And Dist. Yavatmal.
2] The State of Maharashtra
through Collector, Yavatmal,
3] The Special Land Acquisition officer,
Bembla Project, Yavatmal.
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Shri M.A. Kadu, Advocate for appellant
Shri, S.V.Ingole, Advocate for respondent no.1/Cross Objector
Mrs. M.H.Deshmukh, AGP for respondent nos.2 and 3
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CORAM : AVINASH G. GHAROTE, J.
DATE : 08/12/2022
ORAL JUDGMENT
1] Heard Shri Kadu, learned counsel for the appellant, Shri
Ingole, learned counsel for the respondent no.1/cross objector and
Mrs. Deshmukh, learned Assistant Government Pleader for the
respondent nos.2 and 3.
2] The appeal challenges the judgment of the learned
Reference Court dated 25/07/2012 in respect of dry crop
agricultural land bearing Gat No.79 admeasuring 1.59 HR for Village
Kolhi, on account of submergence in the Bembla River Project, a
358fa1040.17.odt
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 05/06/2003. The award was passed on
22/09/2005, granting total compensation at the rate of Rs.71, 424/-
per hectare, which has been enhanced by the learned Reference
Court by the judgment dated 25/07/2012 to Rs.1,70,000/- per
hectare for agricultural land.
3] Shri Ingole, learned counsel for the Respondent
NO.1/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.), against it 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
358fa1040.17.odt
present appellant/ acquiring body has accepted the rate of
Rs.2,68,000/- per hectare as the rate for agricultural land in Village
Kolhi.
4] Though, it is tried to be contended by Shri Kadu,
learned counsel for the appellant, that the land in the present case
was dry crop land and that is the point of distinction why the rate of
Rs. 2,68,000/- per hectare ought to be granted, however a perusal of
the judgment in Land Acquisition Case No. 396/2007 would
indicate, that the land in that case was also a dry crop land and
therefore, there is no point of distinction available on this count.
There is no other material brought to my notice by Shri Kadu,
learned counsel for the appellant, either from 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.
5] Hence, the first appeal is dismissed and the cross-
objection is allowed by enhancing the rate of agricultural land to
Rs. 2,68,000/- per hectare.
358fa1040.17.odt
6] The appellant/acquiring body will make appropriate
calculations and deposit the compensation in this Court within six
weeks from today. The difference in court fee, if any, shall be paid
within one month thereafter.
(AVINASH G. GHAROTE, J.)
Rvjalit
Digitally sign byRAJESH
VASANTRAO JALIT
Location:
Signing Date:12.12.2022 16:43
