V.I.D.C. Thr. Exe. Engineer vs Janrao Parashramji Raut And 2 Ors
2022 Latest Caselaw 11925 Bom

                               1                           208-FA-615-2010-J.odt




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

                 FIRST APPEAL NO. 615 OF 2010

   Vidarbha       Irrigation    Development : APPELLANT
   Corporation,    Through   its   Executive
   Engineer, Bembla Project Division, Taq. &
   Dist. Yavatmal
                               VERSUS
1 Janrao Parashramji Raut                      :
  Aged 49 years, Occ. Agriculturist,
  R/o Dehani, Taq : Babhulgaon, Distt.
  Yavatmal                                         RESPONDENTS

2 The State of Maharashtra,
  Through the Collector, Yavatmal

3 The Special Land Acquisition Officer,
  Bembla Project, 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.

2 208-FA-615-2010-J.odt

2. The learned Special Land Acquisition Officer, has granted

a compensation @Rs.75/- per sq.mtr. for the plot admeasuring 136

sq.mtrs. and @Rs.3874/- per sq.mtr. for the construction admeasuring

65.59 sq.mtr. Insofar as the well is concerned, the Land Acquisition

Officer has granted lumpsum compensation Rs.15,324/- in the Award

passed by him.

3. In reference under Section 18 of the Land Acquisition

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

compensation, for the constructed area, but, has enhanced the

compensation for the plot from Rs.75/- to Rs.550/- per sq.mtr. and

the compensation for the well has been enhanced to Rs.20,000/- in

lumpsum.

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

Bhabulgaon, District Yavatmal, in respect of which, 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 fixed the rate of compensation for open plot at

Rs.550/- per sq.mtr., 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 the rate of compensation for open 3 208-FA-615-2010-J.odt

plot from Rs.75/- per sq.mtr. to Rs.550/- per sq.mtr. Insofar as the

well is concerned, the lumpsum enhancement, is only from

Rs.15,324/- to Rs.20,000/- in lumpsum. 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 17:13