Bombay High Court
Executive Engineer Lower Wardha ... vs Bandu S/O. Maroti Kailuke And Others on 6 February, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:1666
1 FA 1221.16 final
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
FIRST APPEAL NO. 1221 OF 2016
WITH
CROSS-OBJECTION (XOB) NO. 49 OF 2019
.........
FIRST APPEAL NO. 1221 OF 2015
APPELLANT : Executive Engineer,
Lower Wardha Project Division,
Wardha, Tah. & Dist. Wardha.
VERSUS
RESPONDENTS : 1] Bandu S/o Maroti Kalluke,
Aged about 39 years, Occu. Agriculturist,
2] Anil S/o Maroti Kalluke,
Aged about 32 years, Occu. Agriculturist,
Both resident of Wathoda,
Tah. Arvi, Dist. Wardha.
3] State of Maharashtra,
through its Collector, Wardha,
Tah. And Dist. Wardha.
4] Special Land Acquisition Officer,
Minor Irrigation Work, Wardha,
Tah. & Dist. Wardha.
5] The Agriculture Office,
Arvi, Tah. Arvi, Dist. Wardha.
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Mr. S. K. Bhoyar, advocate for the appellant
Mr. S. D. Chopde, Advocate for respondent nos. 1 and 2/cross-objectors.
Mrs. Mrunal Naik, A. G. P. for respondent nos. 3 to 5
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2 FA 1221.16 final
WITH
CROSS-OBJECTION (XOB) NO. 49 OF 2019
CROSS-OBJECTORS: 1] Bandu S/o Maroti Kalluke,
Aged about 39 years, Occu. Agriculturist,
2] Anil S/o Maroti Kalluke,
Aged about 32 years, Occu. Agriculturist,
Both resident of Wathoda,
Tah. Arvi, Dist. Wardha.
VERSUS
RESPONDENTS : 1] State of Maharashtra,
through Collector, Wardha,
2] Special Land Acquisition Officer,
Minor Irrigation Works, Wardha,
3] Executive Engineer,
Lower Wardha Project Division,
Wardha, Tah. & Dist. Wardha.
4] The Agriculture Office,
Arvi, Tah. Arvi, Dist. Wardha.
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Mr. S. D. Chopde, Advocate for cross-objectors.
Mrs. Mrunal Naik, A.G.P. for respondent nos.1, 2 and 4
Mr. S. K. Bhoyar, Advocate for the respondent no.3
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CORAM: G. A. SANAP, J.
DATED: FEBRUARY 06, 2024.
ORAL JUDGMENT
3 FA 1221.16 final
1. Respondent nos.1 and 2/cross-objector Nos.1 and 2, have filed
Civil Application (CAO) No. 173 of 2024 and prayed that this appeal and
cross-objection be disposed of in terms of the judgment and order dated
17.03.2022, passed in First Appeal No. 939 of 2017 along with Cross-
objection No. 23/2018. In short, it is submitted that this first appeal and
cross-objection are covered by the decision rendered in First Appeal and cross-
objection, dated 17.03.2022.
2. The appellant - acquiring body, being aggrieved by the judgment
and decree dated 12.01.2016 passed by learned 2 nd Joint Civil Judge, Senior
Division, Wardha (for short "the reference Court"), has filed the first appeal. It
is the contention of the appellant-acquiring body that the compensation
enhanced by the Reference Court is excessive and exorbitant. The claimants/
cross-objector Nos.1 and 2 have filed cross-objection contending that the
enhancement of compensation granted by the Reference Court was not
reasonable.
3. The land bearing survey No. 71/1-2A, admeasuring 1.62 HR with
185 Orange trees belonging to cross-objector no.1 and the land bearing Survey
No. 71/1-2, admeasuring 1.62 HR with 185 orange trees, belonging to cross-
objector no.2, were acquired for the Lower Wardha Project. The Special Land
4 FA 1221.16 final
Acquisition Officer (SLAO), Wardha granted compensation @ Rs.60,264/- for
land, which was acquired and Rs.6,61,288/- in lumpsump for orange trees of
cross-objector no.1 and Rs.6,68,595/- for orange trees of cross-objector No.2.
The Reference Court enhanced the compensation for the land to Rs.2,40,000/-
per hectare and awarded Rs.4,338/- per orange tree.
4. Learned advocate for the respondent-cross-objectors and learned
advocate for the appellant-acquiring body submitted that this appeal and cross-
objection are covered by the decision rendered in First Appeal No. 939/2017
and Cross-Objection No. 23/2018 (Executive Engineer, Lower Wardha
Project, Wardha .vs. Shantabai Wd/o Dadaraoji Kale and others), decided on
17.03.2022. Learned advocate for the appellant-acquiring body submitted that
the enhanced compensation awarded by the Reference Court is within four
times the amount of compensation awarded by the SLAO and therefore,
squarely covered by the Government Resolution dated 23.02.2017. Learned
advocate for the cross-objectors submitted that this Court may maintain the
judgment and decree with regard to the compensation determined by the
Reference Court in respect of the land.
5. Learned advocate for the cross-objectors submitted that in respect
of orange trees, in F.A. No. 939/2017, for similarly situated orange trees the
5 FA 1221.16 final
compensation was awarded @ Rs.6,311/- per tree. Learned advocates for the
parties submitted that the decision in F.A. No. 929/2017 has been consistently
followed for deciding appeals by this Court subsequently. In short, the learned
advocates submitted that for orange trees, the compensation be awarded @
Rs.6,311/- per tree.
6. On going through the record and proceedings, I am satisfied that
this appeal and cross-objection are fully covered by the decision rendered in
First Appeal No. 939/2017 and Cross-objection No. 23/2018. Accordingly,
the first appeal deserves to be dismissed. The Cross-objection deserves to be
partly allowed. Respondent nos.1 and 2/cross-objector Nos.1 and 2 are entitled
to get compensation @ Rs.6,311/- per tree i.e. 185 orange trees of Cross-
objector No.1 and 185 orange trees of cross-objector no.2. They are entitled to
get statutory benefits and interest granted by the Reference Court.
7. In view of above discussion, the First Appeal is dismissed. The
Cross-objection is partly allowed.
(a) The judgment and decree, dated 12.01.2016 passed by the 2 nd
Joint Civil Judge, Senior Division, Wardha, in Land Acquisition Case No.
555/2007, is modified to the extent that the objectors-original claimants are
6 FA 1221.16 final
entitled to the amount of Rs.6,311/- per orange tree i.e. 185 orange trees of
cross-objector No.1 and 185 orange trees of cross-objector no.2.
(b) Rest of the judgment and decree passed by the Reference Court is
maintained.
(c) The appellant - acquiring body is directed to deposit the
enhanced amount of compensation in terms of this order, within four months
in this Court.
8. The First Appeal and Cross-objection stand disposed of in
aforesaid terms. Civil Application (CAO) No. 173 of 2024 also stands disposed
of. No order as to costs.
( G. A. SANAP, J. )
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 12/02/2024 11:34:53
