V. I. D. C., Through Its Executive ... vs Milind Nanarao Gole And Others
2022 Latest Caselaw 12409 Bom

                                                                                                       (1)                                                  fa1040.16

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

                                                FIRST APPEAL NO. 1040 OF 2016
            VIDC through Executive Engineer__ Vs. ___Milind Nanarao Gole and ors
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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           Mr. Vinay Dahat, Advocate h/f Mr. J.B.Kasat, Advocate for appellant
           Mr. Y.S.Gorle, Advocate for Respondent Nos. 1 to 3
           Mr. M.A.Kadu, AGP for Rerspondent Nos. 4 & 5


                                                                           CORAM :                     AVINASH G. GHAROTE, J.

DATE : 30/11/2022

The appeal challenges the judgment dated 29.11.2014 by the Reference Court, whereby on account of the acquisition of the agricultural land of Sr.No. 6/1, 6/2, 6/3, totally admeasuring 3.10 H.R of village Barad, the learned Land Acquisition Officer has granted a rate of ₹ 25,000/- per Hectare for the agricultural land and ₹ 15/- per orange tree, vide the award dated 9.5.1997 which has been enhanced by the learned Reference Court by the judgment dated 29.11.2014 to ₹ 1,25,000/- per Hectare and ₹ 1500/- per orange tree, for 387 orange trees.

2] In so far as the compensation granted for the agricultural land at the Rate of ₹ 1,25,000/- per hectare by the learned Reference Court, Mr. Dahat, learned counsel for the appellant does not dispute that in LAC No. 2189/04, which is from the same village and under the same project, an amount of ₹ 1,25,000/- per hectare (2) fa1040.16

has already been granted. In so far as the question whether the same has been challenged or not Mr. Dahat, learned counsel for the appellant seeks short accommodation for verifying the position, considering which list the matter tomorrow, 01.12.2022.

3] In case the statement is made that no appeal is filed, then rate of ₹ 1,25,000/- per hectare as has been awarded by the learned Reference Court would not need any interference, leaving the issue only in respect of the rate in regard to orange trees.

JUDGE Rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:01.12.2022 11:35