V. I. D. C. Through Executive ... vs Nakul Yashwant Dhembre (Dead) ...
2023 Latest Caselaw 9367 Bom

2023:BHC-NAG:13286



                                                                                 11B.fa.204.2021 judge.odt
                                                          1



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

                                         FIRST APPEAL NO. 204 OF 2021

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

                                                      // V E R S U S //

                 1.      Nakul Yashwant Dhembre (dead)
                         through his legal representatives

                         (i) Najubai Nakul Dhembre,
                         Aged about 70 Yrs., Occ. Agriculturist,

                         (ii) Milind Nakul Dhembre,
                         Aged about 45 Yrs., Occ. Agriulturist

                         Both 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 11B.fa.204.2021 judge.odt

ORAL JUDGMENT :

1 Heard finally with the consent of learned Advocates for

the parties.

2 The appellant has questioned the correctness of

judgment and award dated 25.03.2019 passed by the Civil Judge

Senior Division, Yavatmal in Land Acquisition Case No. 818 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. 41 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 11B.fa.204.2021 judge.odt

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

1323 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 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. 1323 of 2018, I do not see any substance in the appeal.

7 The appeal is accordingly dismissed.

(G. A. SANAP, J.)

Namrata

Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 07/09/2023 11:28:19