Suresh Keshaorao Dhande vs The Executive Engineer, Bembla ...
2022 Latest Caselaw 12958 Bom

                                                                          FA 609 of 2016.odt
                                              1

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

                           FIRST APPEAL NO.609/2016

APPELLANT :               Suresh Keshaorao Dhande
(On R.A.)                 Age - 59 yrs., Occ. - Agriculturist
                          R/o :- Kolhi, Tq - Babhulgaon
                          Dist. Yavatmal.

                                       ...VERSUS...

RESPONDENTS : 1) The Executive Engineer
(On R.A.)        Bembla Project Division, Yavatmal.

                          2) Special Land Acquisition Officer,
                             Bembla Project Yavatmal,
                             Yavatmal.

                           3) The State of Maharashtra,
                               through Collector, Yavatmal,
                               Tq. And Dist. - Yavatmal.
-----------------------------------------------------------------------------------------------
                 Shri A.B. Nakshane, Advocate for appellant
                 Shri M.A. Kadu, Advocate for respondent no.1
                 Mrs. M.H. Deshmukh, AGP for respondent nos.2 and 3
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                                  CORAM : AVINASH G. GHAROTE, J.

DATE : 13/12/2022

ORAL JUDGMENT

1. Heard Shri A.B. Nakshane, learned counsel for the

appellant, Shri M.A. Kadu, learned counsel for the respondent no.1

and Mrs. M.H. Deshmukh, learned Assistant Government Pleader for

the respondent nos.2 and 3.

FA 609 of 2016.odt

2. The following factual position is not disputed.

BEMBLA PROJECT, TAH. BABHULGAON, DISTRICT YAVATMAL

DATE OF NOTIFICATION U/S 4 OF THE LAND 05/06/2003 ACQUISITION ACT Details Details of LAO Award Dated Ref. Court property 22.9.2005 Award Dated 9.8.2012

Village: Kolhi Gat No.17 Rs.73,346/- per Rs.65,000/-

 Tahsil           admeasuring          hectare             per hectare
 Babhulgaon       1.47 HR
 District :       Dry Crop Land
 Yavatmal

3. The appeal challenges the judgment of the learned

Reference Court dated 09/08/2012 in respect of agricultural land

bearing Gat No.17 admeasuring 1.47 HR of Village Kolhi, on account

of submergence in the Bembla River Project, a notification under

Section 4 of the Land Acquisition Act, in respect of which, was issued

in the Official Gazette of the State of Maharashtra on 05/06/2003.

The award was passed on 22/09/2005, granting total compensation

of Rs.73,346/- per hectare, which has been enhanced by the learned

Reference Court by the judgment dated 09/08/2012 to

Rs.1,65,000/- per hectare for agricultural land.

FA 609 of 2016.odt

4. Shri Nakshane, learned counsel for the appellant 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, Through - Collector, Yavatmal & 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, Yavatmal Vs. Janardhan Maroti Sahare & Ors.), against

which, 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 present respondent no.1 has accepted the rate of

Rs.2,68,000/- per hectare as the rate for agricultural land in Village

Kolhi.

5. The above position is not disputed by Shri Kadu,

learned counsel for the respondent no.1. He, however, contends 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 not 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 FA 609 of 2016.odt

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 respondent no.1, 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.

6. Hence, the first appeal is partly allowed by enhancing

the rate of agricultural land to Rs.2,68,000/- per hectare.

7. The respondent/acquiring body will make appropriate

calculations and deposit the compensation in this Court within six

weeks from today. While making the calculations, the waiver of

interest for the period of 1126 days as recorded in the order dated

04/05/2016 on Civil Application No.282/2016 shall be taken into

consideration. The difference in court fee, if any, shall be paid within

one week thereafter.

(AVINASH G. GHAROTE, J.)

Digitally signed bySHAILENDRA Wadkar SUKHADEORAO WADKAR Signing Date:14.12.2022 17:44