Bombay High Court
Shri. Datta Mandir Deosthan ... vs The State Of Maharashtra Through ... on 12 December, 2022
Bench: Avinash G. Gharote
1 334.FA.509-2015 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
FIRST APPEAL NO. 509 OF 2015
1. Shri Datta Mandir Deosthan, through
Shobha Wd/o Dyaneshwar Lokhande,
Aged about 55 years,
Occ. Agriculturist,
2. Pravin S/o Dyaneshwar Lokhande,
Aged about 33 years,
Occ. Agriculturist,
3. Pramod S/o Dyaneshwar Lokhande,
Aged about 30 years,
Occ. Agriculturist,
4. Harihar S/o Dyaneshwar Lokhande,
Aged about 28 years,
Occ. Agriculturist,
All R/o Kotha (Fattepur),
Tq. Babhulgaon, Dist. Yavatmal.
APPELLANTS
Versus
1. The State of Maharashtra,
Through the Collector, Yavatmal.
2. Executive Engineer,
Bembala Project Division,
Tq & Dist. Yavatmal.
3. Special Land Acquisition Officer,
Benefited Zone, Yavatmal. RESPONDENTS
2 334.FA.509-2015 JUDGMENT.odt
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Mr. S.V. Ingole, Advocate for the Appellants.
Ms. M.H. Deshmukh, AGP for Respondent Nos. 1 & 3.
Mr. M.A. Kadu, Advocate for the Respondent No.2.
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CORAM : AVINASH G. GHAROTE, J.
DATED : 12th DECEMBER, 2022.
ORAL JUDGMENT :-
Heard Mr. Ingole, learned Counsel for the
appellants, Ms. Deshmukh, learned AGP for the respondent
Nos.1 and 3/State and Mr. Kadu, learned Counsel for the
respondent No.2.
2. The factual position in the present appeal is as
under -
BEMBLA PROJECT DIVISION, DISTRICT YAVATMAL
DATE OF NOTIFICATION U/S 4 OF THE LAC ACT 24.07.2003
Property details Area of property LAO Award Ref. Court
Dated Award Dated
27.06.2005 11.04.2014
Village:Barad Gat No. 47 Rs.81,540/- per Rs.1,75,000/-
Tahsil Admeasuring hectare per hectare
Babhulgaon, 2.35 HR dry
District crop land.
Yavatmal.
3 334.FA.509-2015 JUDGMENT.odt
3. The appeal challenges the judgment of the
Reference Court dated 11.04.2014, whereby the learned
Reference Court has enhanced the compensation for the land of
Gat No. 47 to Rs. 1,75,000/- per hectare.
4. In Ashok s/o Uttamchand Kotecha (since dead),
Through LRs Vs. The State of Maharashtra & Ors., First Appeal
No. 399/2011 with connected matter decided on 07.03.2019
(Shri A.S. Chandurkar, J.), by considering the sale instance
considered in First Appeal No. 1062/2014 (Bhaskar s/o
Sadashiv Pardakhe Vs. The Executive Engineer and ors.), the
rate for agricultural land at Village Barad, acquired under the
same notification has been fixed at Rs. 2,10,000/- per hectare.
Mr. Kadu, learned counsel for the respondent No.2, does not
dispute this proposition and upon instructions makes a
statement that the rate of Rs. 2,10,000/- per hectare for dry
crop land at Village Barad has been accepted by the respondent
No.2, considering which, there is no reason why the aforesaid
rate could not be made applicable to the present land, which is
from the same notification and for the same purpose,
considering which, the award of the learned Reference Court
needs modification by enhancing the rate of compensation as
4 334.FA.509-2015 JUDGMENT.odt
indicated above.
5. The appeal is accordingly partly allowed by
enhancing the rate of compensation for dry crop agricultural
land of Gat No. 47 admeasuring 2.35 HR to Rs. 2,10,000/- per
hectare, in view of what has been held in Ashok s/o
Uttamchand Kotecha (Supra).
6. The appropriate calculations be made and the
enhanced compensation be deposited in this Court within a
period of six weeks. While calculating the compensation due
note shall be taken of order dated 07.04.2015 regarding the
condonation of delay for which duration the claimants shall not
be entitled upon the amount of compensation. Difference in the
Court fees upon the enhanced compensation, if any, shall be
paid within one week, from the date the calculations are placed
on record.
7. Pending applications, if any, shall stand disposed of
accordingly.
( AVINASH G. GHAROTE, J.)
Signed By:SHRIKANT
DAMODHAR BHIMTE
S.D.Bhimte
Signing Date:14.12.2022 17:42
