Smt. Narmadabai Dhondba Dipake vs The Collector, Yavatmal And 2 Ors
2022 Latest Caselaw 12778 Bom

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

                              FIRST APPEAL NO. 957 OF 2008


APPELLANT :                       Smt. Narmadbai Dhondba Dipake
                                  since deceased through L.Rs.
                                  Pankaj Arjun Dipake,
                                  Aged about 25 years,
                                  R/o. Kurali, Tq. Umarkhed, Dist. Yavatmal,
                                  At present R/o. Umarkhed, Tq. Umarkhed,
                                  District Yavatmal
                                               Versus.
RESPONDENTS                       1]           The Collector, Yavatmal,
                                               District Yavatmal.
                                  2]           Special Land Acquisition Officer,
                                               Lower Pus Project,
                                               Pusad, District-Yavatmal.
                                  3]           The Executive Engineer,
                                               Minor Irrigation Division,
                                               Pusad, Dist. Yeotmal
Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. Sharad Thakare, Advocate for the appellant
                                  Mr. A.B.Patil, Advocate for Respondent No.3
                                  Mr. M.A.Kadu, AGP for Respondent Nos. 1 & 2

                  Oral Judgment

                                  CORAM: AVINASH G. GHAROTE, J.

DATED : 08th DECEMBER, 2022.

1] Heard learned counsel appearing for the

parties.

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

                       Lower Pus Project
Date of Notification under Section 4 of the    20/02/1997
Land Acquisition Act.
Property details    Area of       LAO Award     Reference
                    property        Dated         Court
                                 19/06/2000       Award
                                                  Dated
                                               27/08/2007
Survey No. 47/2    Area    :    Rs.20,000 /-   Rs.47,000
Village:           1.91        per Hectare,    per Hectare
Ghamapur           Hectare     +
Tahsil                         Rs. 9,906/-
Umarkhed,                      for 89 Adjat
Dist.: Yavatmal                Trees



3]           The appeal challenges the judgment of the

Reference Court dated 27/8/2007, whereby the learned

Reference Court has enhanced the compensation for the

agriculture land bearing Survey No. 47/2, admeasuring

1.97 Hectare of village Ghamapur from Rs. 20,000/- per

Hectare granted by the Land Acquisition Officer to

Rs.47,000/- per Hectare, as detailed above.

4] In First Appeal No.111/2008 (Manoj K Jadhao

Vs. State of Maharashtra & others) along with connected

appeals, decided on 5.7.2017, this Court had fixed the

rate of dry crop land for village Ghamapur, at

Rs. 83,000/- per Hectare.

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5]         Mr. Raut, learned counsel holding for Mr.Patil,

learned counsel for the acquiring body does not dispute

this position and also does not dispute that the land in

question in the instant matter is also dry crop land,

considering which the rate which is awarded in Manoj K.

Jadhao (supra) would clearly be applicable to the present

survey No. 47/2, as both of them are from the same

notification, for the same project and from the same

village. No difference in the nature of the land has been

brought to my notice by the Mr. Raut, learned counsel for

the acquiring body.

6] Thus on the ground of parity, the land of

Survey No. 47/2 of village Ghamapur would also be

entitled for compensation at the rate of Rs. 83,000/- per

Hectare, considering which the present appeal is allowed

by holding that the appellant is entitled for compensation

at the rate of Rs. 83,000/- per hectare for the land of Gat

No. 47/2 admeasuring 1.91 Hectare.

7]         In the result, the impugned judgment under
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reference is modified by enhancing the rate for

agriculture land as granted by the learned Reference

Court at Rs.47,000/- per hectare to Rs. 83,000/- per

hectare, as held in Manoj K Jadhao (supra). Rest of the

judgment of the learned Reference Court is maintained.

8] 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 six weeks from today.

The difference in court fee, if any, be deposited in this

Court, within a week thereafter. The applicant shall also

be entitled to withdraw the enhanced amount deposited

by the acquiring body in the Reference Court.

9] 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 Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:12.12.2022 16:08 Rvjalit