Bhaurao Champat Shende vs The State Of Maharashtra Through ...
2022 Latest Caselaw 12864 Bom

                             1               421.FA.845-2019 JUDGMENT.odt




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

               FIRST APPEAL NO. 845 OF 2019

     Bhaurao Champat Shende
     Age 65 Yrs., Occ. Agriculture,
     R/o. Ghuikhed,
     Tq. Chandur Rly, District Amravati.          APPELLANT

      Versus

 1. The State of Maharashtra,
    Through     the   Collector,     Camp,
    Amravati.


 2. Special Land Acquisition Officer,
    Upper Wardha Project No.4, Amravati
    Collector's Compound, Amravati,
    Tq. & Dist. Amravati.


 3. The Executive Engineer,
    Bembla Project Division, Yeotmal,
    Tq. & District Yeotmal.                      RESPONDENTS

----------------------------------------------
Mr. N.S. Bhelkar, Advocate for the Appellant.
Ms. M.H. Deshmukh, AGP for Respondent Nos. 1 & 2.
Mr. M.A. Kadu, Advocate for Respondent No.3.
-----------------------------------------------

                 CORAM : AVINASH G. GHAROTE, J.

                 DATED      : 12th DECEMBER, 2022.

ORAL JUDGMENT :-
                                 2                 421.FA.845-2019 JUDGMENT.odt




             Heard Mr.       Bhelkar, learned Counsel for the

appellant,    Ms. Deshmukh, learned AGP for the respondent

Nos.1 and 2/State and Mr. Kadu, learned Counsel for the

respondent No.3.

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 18.08.2005

Village: Ghuikhed Tahsil Chandur Railway District : Amravati Property Area of LAO Award Dated Ref. Court Award details property 06.09.2008 Dated 16.11.2016

Plot Plot Area : Rs.140/- per Sq.mt Rs.500/- per No:221/2 54 Sq.mtr. Sq.mtr.

Construction: Rs. 18,776/- Rs. 25,347/- 54 Sq.mtr.

 Plot No.       Plot Area. 68 Rs. 140/- Sq.mtr.      Rs. 500/- per
 263/3          Sq.mtr.                              Sq.mtr.

                Construction: Rs.66,042/-        Rs.89,157/-
                52.29
                Sq.mtr.
                                    Rs. 18,776/-       Rs. 25,347/-
                                    Rs. 66,042/-       Rs.89,157/-

Total Rs. 84818/- Total Rs.1,14,504/-

                              lumpsum amount     lumpsum amount



3.           The   appeal    challenges    the    judgment             of        the

Reference Court dated 16.11.2016, whereby the learned 3 421.FA.845-2019 JUDGMENT.odt

Reference Court has enhanced the compensation for the open

plot Nos. 221/2 and 263/3 to Rs.500/-per sq.mtr., and has

granted lumpsum amount of Rs. 1,14,504/- compensation for

the constructed area in respect of plot Nos. 221/2 and 263/3 as

detailed above.

4. In First Appeal No. 1378/2018 (Sharad Gangadhar

Gulhane Vs. State of Maharashtra & Ors.) and First Appeal No.

389 of 2018 (Lilabai Omkarrao Giri and others Vs. State of

Maharashtra & Ors.) decided on 06.09.2021, this 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, from

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 10 and half years and the aforesaid rate of Rs.575/-

per sq.mtr. for open plot has been fixed.

4 421.FA.845-2019 JUDGMENT.odt

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. State of

Maharashtra & Ors.) (Supra).

6. The evidence of PW-2 Chandrashekhar Wankhade at

Exh.37 the valuer, who claims the market rate to be Rs.1,000/-

per sq.mtr. for open plot, would demonstrate, that he has not

inquired about any sale instance, from the same Village or from

the neighboring Village, in order to arrive at the rate as been

quoted in his reports at Exh. 38 and 41. He further, admits in his

cross-examination that for the purpose of determining the value

of the plot, the value of the neighboring properties, has to be

ascertained, which has not been done by him, neither he has

inquired from the Gram Panchayat, when the construction has

been made, apart from which, there is nothing in his report or

on record to indicate the nature of the construction. However,

the rate awarded by the learned Reference Court cannot be

interfered with, though it appears to be on the higher side, as

there is no cross appeal by the acquiring body regarding the rate 5 421.FA.845-2019 JUDGMENT.odt

of construction as awarded by the learned Reference Court.

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

plot for Village Ghuikhed, having already being 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 appeal is partly allowed and the

impugned judgment under reference is modified by enhancing

the rate of open plot as granted by the 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 fees, if any, shall also

be deposited by the appellant with this Court within eight

weeks.

6 421.FA.845-2019 JUDGMENT.odt

10. The First Appeal is partly allowed in the above

terms. No costs.

11. Pending applications, if any, shall stand disposed of

accordingly.

( AVINASH G. GHAROTE, J.)

S.D.Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:14.12.2022 17:42