Shriram Devasthan Kopra Jankar ... vs The State Of Mah. And Ors
2022 Latest Caselaw 12166 Bom

                                                                                                                                           224. FA 405 of 2012.odt
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                                           FIRST APPEAL NO.405/2012

 Shriram Devasthan Kopra Jankar through its President Sunil Dattatraya Shinde
                                  ...Versus...
    State of Maharashtra, Represented by the Collector, Yavatmal and others
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
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                                                                         Shri H.D. Dangre, Advocate for appellant
                                                                         Mrs. M.H. Deshmukh, AGP for respondent nos.1, 2 and 4
                                                                         Shri A.B. Patil, Advocate for respondent no.3

                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 25/11/2022

1. The present first appeal questions the grant of compensation for agricultural land bearing Gat No.37 admeasuring 7.22 HR in respect of which a notification under Section 4 of the Land Acquisition Act was published on 07/04/1994 and the award was passed on 30/03/1996. The Land Acquisition Officer has granted compensation @ Rs.26,750/- per hectare in respect of land admeasuring 7.10 HR and @ Rs.200/- per hectare in respect of land admeasuring 0.12 HR on account of it being Pot-Kharab (uncultivable) land.

2. In the reference under Section 18 of the Land Acquisition Act a compensation @ Rs.5,00,000/- per hectare was claimed, however, the Reference Court by the judgment dated 19/11/2011 has granted compensation @ Rs.75,000/-

224. FA 405 of 2012.odt

per hectare. It is material to note that in the instant matter there is no claim regarding any trees or cultivation and the claim is only in respect of agricultural land.

3. Shri Dangre, learned counsel for the appellant heavily places reliance upon the sale instance of village Kopra Barad dated 18/01/1994 by which the land admeasuring 1.21 HR has been sold for consideration of Rs.1,50,000/-. It is stated that the village Kopra Barad is merely at a distance of 3 to 5 km. The sale deed is at Exh.50. The Reference Court, according to him has incorrectly not placed reliance upon this sale-deed on the alleged ground that the distance between Kopra Barad and Panas was not on record whereas according to him the position is to the contrary. He further places reliance upon the judgment of this Court in Vidarbha Irrigation Development Corporation, Yavatmal Vs. Anjali d/o Sharad Ballal and others, 2013 (2) Mh.L.J. 456 in which while determining the compensation for the agricultural land at village Pahur the sale deed at Exh.50 of village Kopra Barad has been taken into consideration. Further relying upon Special Land Acquisition Officer Vs. Karigowda and others (2010) 5 SCC 708 it is contended that comparative sale method for fixing the valuation of the land is preferable over the capitalization and export valuation (paras 73, 76, 81 to

83). A google-map has also been placed on record with the pursis dated 25/11/2022 to indicate the location of the village of Panas and the submergence on account of construction of

224. FA 405 of 2012.odt

the Bembla Dam.

4. Since the matter would entail deciding the compensation for the agricultural land at village Panas, it would be appropriate, if the learned counsels appearing for the V.I.D.C. give the list of all first appeals which are from village Panas, so that they can be clubbed together and decided by affording an opportunity to all the counsels appearing in the respective matters, considering which, list the matter on 01/12/2022.

5. The list of matters of village Panas shall be supplied by the learned counsels for the V.I.D.C. by 29/11/2022 so that the office can search out the matters and list all the matters on 01/12/2022 along with present first appeal.

(AVINASH G. GHAROTE, J.)

Wadkar

Digitally signed bySHAILENDRA SUKHADEORAO WADKAR Signing Date:25.11.2022 17:50