Bombay High Court
Vidarbha Irrigation Development Corp. ... vs Shankar Baliram Pardakhe (Dead) ... on 5 December, 2023
2023:BHC-NAG:16898
fa577.2019jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO. 577 OF 2019
Vidarbha Irrigation Development
Corporation,
Through Executive Engineer,
... Appellant
Bembla Project Division,
Yavatmal
Versus
1. Shankar Baliram Pardakhe
(Dead) Through L.R.s
1-a Vilas Shankarrao Pardakhe
Aged about 48 years, Occu. Agriculturist ... Respondents
1-b Pramod Shankarrao Pardakhe (dead)
Aged about 46 years, Occ. Agriculturist
1-b(i) Smt. Pranita wd/o Pramod Pardakhe
Aged about 52 years, Occ.: Nil
1-b(ii) Sagar s/o Pramod Pardakhe
Aged about 25 years, Occ.: Farmer
1-b(iii) Priya d/o Pramod Pardakhe
Aged about 23 years, Occ.: Education
1-b(iv) Shubham s/o Pramod Pardakhe
Aged about 21 years, Occ.: Farmer
All R/o. Dighi, Tah. Bhabulgaon,
Dist. Yavatmal
1-c Ramesh Shankarrao Pardakhe
Aged about 40 years, Occu. Agriculturist
All R/o. Dighi, Tq. Babhulgaon,
Dist. Yavatmal
2. The State of Maharashtra
Through District Collector,
Yavatmal
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3. The Special Land Acquisition Officer,
Bembla Project, Yavatmal
Tq. & Dist. Yavatmal
Mr. V.B. Ragthi, Advocate h/f Mr. P.B. Patil, Advocate for appellant.
Mr. D.G. Patil, S.V. Ingole, Advocate for respondent Nos.1-a, 1-c, 1-b(i)
to 1-b(iv).
Ms. M.R.Kavimandan, AGP for respondent Nos.2 & 3.
CORAM : MRS. VRUSHALI V. JOSHI, J.
RESERVED ON : 26.10.2023.
PRONOUNCED ON : 05.12.2023.
JUDGMENT:
Heard finally by consent of both the learned counsel
for the parties.
(2) The appellant has challenged the order and award
dated 20.04.2010 passed by the Civil Judge Senior Division, Yavatmal,
in LAC No.434/2003. The respondent is the owner of the land
situated in Yavatmal. By Notification under Section 4 published on
04.02.1999, the land bearing Plot No.147 & 148 i.e. open plot
admeasuring 362.10 sq. mt. and constructed area 240.30 sq. mtr. was
acquired for submergence of Bembla River Project.
(3) The Land Acquisition Officer has passed the award
granting compensation @ of Rs.75/- per sq.mtr. for open plot and @ of
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Rs.1384/- per sq.mtr. for constructed area. The said order was
challenged before the Civil Judge Senior Division, Yavatmal, and the
reference Court partly allowed the reference and granted enhanced
compensation @ of Rs.740/- per sq.mtr. for open plot and @ of
Rs.1384/- and Rs.1750/- per sq.mtr. for constructed area. Being
aggrieved by the said order, the appellant has filed this appeal.
(4) I have heard both the learned counsel for the
parties.
(5) In First Appeal No.487/2006, Vidarbha Irrigation
Development Corporation Vs. Nitin Pralhadrao Pardakhe and Ors ., this
Court by the judgment dated 12/13.10.2010, has fixed the rate of
open plot for Village Dighi @ of Rs.500/- per sq.mtr.
(6) The said judgment is followed by this Court in First
Appeal No.937/2017 and fixed the same rate in the instant matter, no
material has been brought to my notice existing on record, to take
different view, than has been already taken by the Court in above said
matter. While granting the compensation, the applicants have
obtained the valuation report later on, the valuation report was also
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not placed before the Land Acquisition Officer, therefore, considering
the evidence of PW-2 - Chandrashekhar Panjabrao Wankhede,
determine the market price of the open plot situated at Village Dighi,
on the basis of guess work @ of Rs.740/- per sq.mtr.
(7) Insofar as the rate of construction is concerned, as
awarded by the learned reference Court, though the enhancement is
more than of 25% as contemplated by Vidarbha Irrigation
Development Corporation Vs. Shri Vasant Nanaji Patre & Ors., First
Appeal (St) No.189/2018 decided on 19.12.2018, however, the report
of PW-2 Chandrashekhar Panjabrao Wankhade indicates, that the
construction was made, valuer valued area @ of Rs.2150/- per sq.mtr.
whereas L.A.O. has granted @ of Rs.1383/- per sq.mtr. Considering
the area of construction, material used and report of the valuer
compensation @ of Rs.1750/- per sq.mtr. is granted by the reference
Court.
(8) Being the position, in view of the rate of open plot
at Village Dighi, having already been determined by this Court @ of
Rs.500/- per sq.mtr., the appellant would only be entitled to that
benefit and nothing else.
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(9) In the result, the appeal is partly allowed and the
impugned judgment under reference is modified by decreasing the rate
of open plot as granted by the learned reference Court @ of Rs.740/-
per sq.mtr. to Rs.500/- per sq.mtr. as held in Nitin Pralhadrao
Pardakhe. Rest of the judgment of the learned reference Court is
maintained.
(10) The amount of compensation and all ancillary
benefits arising therefrom as per the provisions of the Land Acquisition
Act, as applicable thereto be calculated and the amount payable with
accrued interest thereupon be paid to the claimants. The balance
amount be refunded to the appellant.
(11) The First appeal is partly allowed in the above
terms. No costs.
(12) Pending applications, if any, shall stand disposed of
accordingly.
[MRS. VRUSHALI V. JOSHI, J.]
Prity
Signed by: Mrs. Prity Gabhane PAGE 5 OF 5
Designation: PA To Honourable Judge
Date: 07/12/2023 19:24:30
