V. I. D. C. Through Executive ... vs Ashok Shriram Dhembre And 2 Others
2023 Latest Caselaw 9366 Bom

2023:BHC-NAG:13285



                                                                                 11A.fa.203.2021 judge.odt
                                                          1



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

                                         FIRST APPEAL NO. 203 OF 2021

                         Vidarbha        Irrigation   Development
                         Corporation,
                         through its Executive Engineer, Medium
                         Project, Construction Division, Yavatmal,
                         Tahsil and District Yavatmal                                       .... APPELLANT

                                                      // V E R S U S //

                 1.      Ashok Shriram Dhembre,
                         Aged about 29 Yrs., Occ. Agriculturist,
                         R/o. Pimpalgaon (Kale), Post Ajanti,
                         Tahsil Ner, District Yavatmal

                 2.      The State of Maharashtra,
                         Through represented by the Collector,
                         Yavatmal, Tahsil and District Yavatmal

                 3.      The Special Land Acquisition Officer,
                         Minor Irrigation Works-II, Yavatmal,
                         Tahsil and District Yavatmal                                  ... RESPONDENTS
                 --------------------------------------------------------------------------------------------------
                          Mr Vinay Dahat, Adv. h/f. Mr J. B. Kasat, Advocate for the appellant
                          Mr A. B. Nakshane, Advocate for the respondent No.1
                          Ms Trupti Udeshi, AGP for respondent Nos. 2 and 3
                 --------------------------------------------------------------------------------------------------
                                   CORAM : G. A. SANAP, J.

DATE : 06/09/2023

ORAL JUDGMENT :

1 Heard finally with the consent of learned Advocates for

the parties.

11A.fa.203.2021 judge.odt

2 The appellant has questioned the correctness of

judgment and award dated 17.01.2019 passed by the Civil Judge

Senior Division, Yavatmal in Land Acquisition Case No. 1051 of

2012 on the ground that the enhancement of the compensation

granted by the reference Court is excessive and exorbitant.

3 The house property bearing Plot No. 42 with

construction was acquired by the appellant for the Kohala project.

Being aggrieved by the inadequate compensation awarded by the

Land Acquisition Officer, the reference was filed by the respondent

No.1. The reference was partly allowed.

4 Heard the learned Advocates for the parties.

5 Learned Advocate for the appellant submitted that in

view of the decision rendered by this Court in First Appeal No. 93

of 2018 dated 20.12.2018 the appellant may not have good case on

merits to prosecute the appeal. It is submitted that in the said

appeal the rate for the open plot @ of Rs.1125/- per Sq. Mtrs. and 11A.fa.203.2021 judge.odt

for construction @ of Rs.3000/- per Sq. Mt. was held just, proper

and reasonable. Learned Advocate therefore submits that Court

may pass an appropriate order.

6 In view of the decision of this Court in First Appeal

No. 93 of 2018, I do not see any substance in the appeal.

7 The appeal is accordingly dismissed. Pending

application, if any, stands disposed of.

(G. A. SANAP, J.)

Namrata

Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 07/09/2023 11:31:46