V.I.D.C. Thr. Its Exe. Engineer vs Vasanta Natthuji Gaikwad And 3 Ors
2022 Latest Caselaw 12050 Bom

                                                                               62fa93.11.odt
                                              1

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

                         FIRST APPEAL NO. 93 OF 2011


APPELLANT:                Vidarbha Irrigation Development Corporation
                          Through its Executive Engineer,
                          Bembla Project Division, Yavatmal,
                          Tq. & Dist. Yavatmal


                                                  ...VERSUS...


RESPONDENTS: 1]                   Vasant Natthuji Gaikwad
                                  aged 45 years, Occ. Cultivator

                       2]         Eknath Natthuji Gaikwad
                                  aged 50 years, Occ. Cultivator

                                  Both R/o. Thalegaon,
                                  Tq. Babhulgaon, Dist. Yavatmal
                       3]         The State of Maharashtra,
                                  through the Collector, Yavatmal

                       4]          The Special Land Acquisition Officer,
                                   Bembla Project Yavatmal,
                                   Tq. And Dist. Yavatmal
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Mr.A.B.Patil, Advocate for appellant
Mr. K.S.Narwade, Advocate for Respondent Nos. 1 and 2
Mrs. Mayuri Deshmukh, AGP for respondent Nos. 3 and 4
----------------------------------------------------------------------------------------------

                                     CORAM : AVINASH G. GHAROTE, J.

DATE : 23/11/2022.

62fa93.11.odt

[Oral Judgment]

1] Heard Mr. Patil, learned counsel for the appellant, Mr.

Narwade, learned counsel for Respondent Nos.1 & 2 and learned

AGP for Respondent Nos. 3 and 4.

2] The appeal questions the award under Section 18 of the

Land Acquisition Act dated 18.08.2009, whereby the compensation

granted by the Land Acquisition Officer for open plot at the rate of

₹.70/- per sq.mtr has been enhanced to ₹.650/- per sq.mtr and the

compensation for construction at the rate of ₹.1255/- per sq.mtr has

been enhanced by the Reference Court to ₹. 2100/- per sq.mtr.

3] Mr. Patil, learned counsel for the appellant points out

that in so far as village Thalegaon is concerned, in which the plot in

question i.e. plot no. 96, admeasuring 421.70 sq.mtr., having

construction of 11.52 sq.mtr is situated, this Court in VIDC vrs.

Waman Mahajan, First Appeal No. 580/2010, decided on

21.11.2022 has fixed the rate of compensation for an open plot for

village Thalegaon at ₹.500/- per sq.mtr.

62fa93.11.odt

4] Mr. Narwade, learned counsel for Respondent Nos.1 and

2, therefore fairly concedes that he is bound by the decision of this

Court as indicated above and therefore, the impugned award in so

far as it fixes the compensation for the open plot at the rate of

₹.650/- per sq.mtr is required to be modified.

5] In so far as the compensation for the construction is

concerned, the constructed area admittedly is 11.52 sq.mtr in

respect of which there is no dispute from the side of Mr. Narwarde,

learned counsel for the respondents. The Land Acquisition Officer

has granted compensation for the construction at the rate of

₹.1255/- per sq.mtr., which has been enhanced by the Reference

Court to ₹.2100/- per sq.mtr. Though Mr. Patil, learned counsel for

the appellant submits that this is on the higher side, a perusal of the

judgment of the Reference Court would indicate that the Court has

already taken into consideration earlier judgments in respect of

awarding the compensation for construction of village Thalegaon,

which indicates the price of construction to be around ₹.1900/- per

sq.mtr (para 15). Of course, the rate for construction would depend 62fa93.11.odt

upon the nature and quality of the construction, which in the instant

case based upon the report of the expert PW-2 Chandrashekhar is of

stone foundation, brick walls, GI roof and of doors and widows.

Though the PW-2 as an expert has in his valuation report indicated

the price of construction to be ₹.4693/- per sq.mtr, however, that

clearly appears to be on a higher side, as he takes into consideration

the costs of construction at village Dighi and Pahur. In the instant

matter, there also appears to be some wooden material used in the

construction, and therefore, the award of compensation at the rate

of ₹.2100/- per sq.mtr as granted by the learned Reference Court

cannot be faulted with.

6] In view of the above, the impugned judgment and

decree dated 18.08.2009 passed by the learned Reference Court is

hereby modified by reducing the compensation for the open plot

no.96 from ₹ 650/- per sq. mtr to ₹ 500/- per sq.mtr. Rest of the

judgment is maintained as it is. No costs.

JUDGE Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:24.11.2022 17:00

Rvjalit