Mohansingh Amarsingh Rathod ... vs The State Of Maharashtra Through ...
2022 Latest Caselaw 12928 Bom

                                                                                                                                             70. FA 615 of 2022.odt
                                                                                           1


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

                                                           FIRST APPEAL NO.615/2022

        Mohansingh Amarsingh Rathod (Since deceased through legal heir)
                            Ghanshyam Bharat Rathod
                                    ...Versus...
     The State of Maharashtra, The Collector, Washim, Distt. Washim and others

 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- -
Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ -
                                                                         Shri A.S. Mehadia, Advocate for appellant
                                                                         Mrs. M.H. Deshmukh, AGP for respondent nos.1 and 2

                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 13/12/2022

1. The factual position in the instant matter is as under :-

WAIGAUL DAM PROJECT

DATE OF NOTIFICATION U/S 4 OF THE LAND 30/04/1998 ACQUISITION ACT Details Details of LAO Award Reference property Dated Court Award 16/12/2000 Dated 07/08/2017 Village : Survey Rs.26,000/- per Rs.1,00,000/-

                                        Waigaul, Tq.                           No.117                             hectare for the                         per hectare
                                        Manora, Distt.                         admeasuring                        land
                                        Washim.                                1.00 HR

                                                                               Survey
                                                                               No.116
                                              70. FA 615 of 2022.odt



                   admeasuring
                   0.60 HR
                                 The claim for       No
                                 416       orange    compensation
                                 trees in Survey     granted    for
                                 No.117, seven       the trees and
                                 mango trees in      Well
                                 Survey No.116
                                 and for two
                                 constructed
                                 Wells, one in
                                 each of the
                                 above     Survey
                                 numbers,     has
                                 been denied by
                                 the         Land
                                 Acquisition
                                 Officer

2. Shri Mehadia, learned counsel for the appellant has placed reliance upon the judgment of this Court in The State of Maharashtra through Collector, Washim and others Vs. Harichand Bhasu Rathod (First Appeal No.581/2007) along with Cross-Objection No.1/2008 decided on 23/03/2016, (Shri R.K. Deshpande, J.), which is from the same village, same notification and same project, in which the rate of compensation for the land has been decided as Rs.89,500/- per acre, which comes to Rs.2,23,750/- per hectare. So also, the rate of orange trees has been decided at Rs.4,000/- per tree in this matter. He has also relied upon the judgment of this Court in The State of Maharashtra, Through Collector, Washim and another Vs. Vitthal Devising Rathod and

70. FA 615 of 2022.odt

another with Cross objection and other connected matters, decided on 06/10/2017 (Shri S.B. Shukre, J.), which is also from the same notification and village and after relying upon Harichand Bhasu Rathod (supra), the same view has been taken as indicated above. Similar is the view taken in Vidarbha Irrigation Development Corporation through its Executive Engineer, Minor Irrigation Dn., Wshim, Tq. and Distt. Washim Vs. Uttam Gambhira Rathod and others (First Appeal No.1313/2018) decided on 13/08/2019 (Shri M.G. Giratkar, J.).

3. He, therefore, submits that the matter in question so far as the rate of the agricultural land is concerned, it is covered by the aforesaid three judgments, which would also hold good for the purpose of the rate of the trees.

4. Mrs. Patil, learned counsel for the respondent no.3, the acquiring body, is absent, considering which, list the matter on 20/12/2022 along with connected matters.

5. Shri Vinay Dahat, learned counsel for the appellant in connected matter (First Appeal No.1176/2012) submits that there are other matters from village Waigaul and from the same project, same notification, which can be decided together, considering which, he is directed to supply list of all the matters by tomorrow. Shri Dahat, learned counsel is also directed to place the Government Resolution regarding the rate for the fruit bearing trees on or before the next date of hearing.

70. FA 615 of 2022.odt

6. The office is directed to list all the matters on 20/12/2022.

(AVINASH G. GHAROTE, J.)

Wadkar

Digitally signed bySHAILENDRA SUKHADEORAO WADKAR Signing Date:14.12.2022 12:04