Vidarbha Irrigation Development ... vs Vinayak S/O Shankarrao Parimal ...
2022 Latest Caselaw 12312 Bom

                                                     1                                254.FA.980-2013.odt




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

                                  FIRST APPEAL NO. 980 OF 2013
( Vidarbha Irrigation Development Corporation, Thr. Executive Engineer,
                               Yavatmal
                                  Vs.
                Vinayak s/o Shankarrao Parimal & Ors. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. J.B. Kasat, Advocate for the Appellant.
                                  Mr. A.B. Nakshane, Advocate for the Respondent No.1. & in
                                  Cross Objection No. 17/2016.
                                  Ms. Mayuri Deshmukh, A.G.P. for the Respondent Nos. 2 & 3/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 29th NOVEMBER, 2022.

Heard.

2. The appeal challenges the judgment of the learned Reference Court dated 23.03.2011 in respect of agricultural land bearing Gat No. 33 admeasuring 1.67 HR and Gat No. 35 admeasuring 0.61 HR for Village Kolhi, on account of submergence in the Bembla River Project, notification under Section 4 of the Land Acquisition Act, in respect of which, was issued on 05.06.2003. The award was passed on 22.09.2005, granting total compensation of Rs. 2,54,240/-, which has been enhanced by the learned Reference Court by the judgment dated 23.03.2011 to Rs. 1,65,000/- for agricultural land and Rs. 7,500/- for one Mango tree.

2 254.FA.980-2013.odt

3. Mr. Kasat, learned counsel for the appellant, though opposes the judgment of the learned Reference Court, however, Mr. Nakshane, learned counsel for the respondent No.1, who has also filed cross objection, 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 & Ors., which also is in respect of land bearing Gat No. 105 admeasuring 1.21 HR of Village Kolhi in the same project, 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 Vs. Janardhan Maroti Sahare & Ors.), 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 appellant has accepted the rate of Rs. 2,68,000/- per hectare as the rate for agricultural land in Village Kolhi. Though, it is tried to be contended by Mr. Kasat, learned counsel for the appellant, 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 L.A.C. No. 396/2007 would indicate, that the land in that case was also a dry crop land (para 8), and therefore, there is no point of distinction available on this count. There is no other material brought to my notice by Mr. Kasat, learned counsel for the appellant, either from the evidence or from the document on record to enable me 3 254.FA.980-2013.odt

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.

4. Insofar as the Mango tree is concerned, the learned Reference Court has granted a lumpsum compensation of Rs. 7,500/- for the lone Mango tree and there is nothing brought on record or pointed out to take a different view.

5. Hence, the appeal is dismissed and the cross objection is allowed by enhancing the rate of agricultural land to Rs. 2,68,000/- per hectare.

6. The appellant/VIDC will make appropriate calculations and deposit the compensation in this Court within six weeks from today. The Court fee upon the enhanced compensation will be deposited by the claimant, one week thereafter.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:02.12.2022 14:50