V.I.D.C. Thr Its Exe. Eng. Bembla ... vs Smt. Pramila W/O Pandurangji ...
2022 Latest Caselaw 11924 Bom

                               1                           209-FA-740-2010-J.odt




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

                 FIRST APPEAL NO. 740 OF 2010

   Vidarbha       Irrigation    Development : APPELLANT
   Corporation,    Through   its   Executive
   Engineer, Bembla Project Division, Taq. &
   Dist. Yavatmal
                               VERSUS
1 Smt. Pramila w/o Pandurangji Jadhao          :
  Aged 47 years, Occ. Cultivator,
  R/o Dehni, Taq : Babhulgaon, Distt.
  Yavatmal                                         RESPONDENTS

2 The State of Maharashtra,
  Through the Collector, Yavatmal

3 The Special Land Acquisition Officer,
  Bembla Project, Yavatmal,
  Tq. & Dist. Yavatmal

Mr. A.B. Patil, Advocate for appellant
Ms. Sejal Lakhani, Advocate for Respondent No.1
Mr. M.A. Kadu, A.G.P. for Respondent Nos.2 and 3

                        CORAM : AVINASH G. GHAROTE, J.

                        DATE       : 21st NOVEMBER 2022


ORAL JUDGMENT

Heard Mr. Patil, learned counsel for the appellant, Ms.

Lakhani, learned counsel for the respondent No.1 and Mr. M.A. Kadu,

learned Assistant Government Pleader for respondent Nos. 2 and 3.

2 209-FA-740-2010-J.odt

2. The learned Special Land Acquisition Officer, has granted

a compensation @Rs.500/- per sq.mtr. for open land admeasuring

240 sq.mtr. and @1627/- per sq.mtr. for the construction

admeasuring 123.46 sq.mtr.

3. In reference under Section 18 of the Land Acquisition

Act, 1894, the Reference Court has maintained the rate of

compensation for the open plot, but, has enhanced the compensation

for the constructed area from Rs.1627/- per sq.mtr. to Rs.2700/- per

sq.mtr.

4. The property in question is situated at village Dehani Tah.

Babulgaon, District Yavatmal, in respect of which in this Court in First

Appeal No.762/2017 (The Executive Engineer, Bembla Project

Division Vs. Tulshiram Kahru Meshram and others) decided on

17/10/2019, has granted a rate of Rs.2600/- per sq.mtr. for the

constructed area which has not been challenged by the present

appellant, who was also the appellant therein, considering which I do

not find any reason, to vary or modify the impugned Award under

reference insofar as it enhances compensation for constructed area

from Rs.1627/- per sq.mtr. to Rs.2700/- per sq.mtr., as it is material to

note that in Reference No.469 of 2006 (Janrao Parshuram Raut Vs.

State), which is also for the village Dehani, compensation for 3 209-FA-740-2010-J.odt

constructed area has been granted 3874/- per sq.mtr. No reason has

been brought to my notice, from interfering in this enhancement,

considering which I do not see any reason to interfere in the

impugned Award under Reference. The appeal is therefore, dismissed.

No costs.

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:22.11.2022 17:47