Bombay High Court
N. N. Margade (Dead) Thr. Lrs. Radhabai ... vs The State Of Maharashtra Through ... on 16 January, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:938
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
FIRST APPEAL NO. 123 OF 2024
APPELLANT : Narayan Namaji Margade (Dead)
( ON R.A.) through LRs
Smt. Radhabai Narayan Margade
(Dead)
1. Laxman Narayan Margade
Aged about 55 yrs, Occu:
Agriculturist,
R/o. Pahur (Dabha), Tq. Babhulgaon
Dist. Yavatmal
2. Baban Narayan Margade,
Aged about 52 yrs. Occu: Agriculturist
R/o. Pahur (Dabha), Tq. Babhulgaon
Dist. Yavatmal
3. Pandhurang Narayan Margade,
Aged about 50 Yrs, Occu:
Agriculturist
R/o. Pahur (Dabha), Tq. Babhulgaon
Dist. Yavatmal
//VERSUS//
RESPONDENTS : 1. State of Maharashtra, through
( on R.A.) Collector, Yavatmal,
2. The Special Land Acquisition Office,
Benefitted Zone (for Bembla Project)
Yavatmal, District Yavatmal
3. The Executive Engineer, Bembala
Project Div. Yavatmal Tq. & Dist.
Yavatmal.
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Mr. Paras Rathi, Advocate h/f Mr L.B. Rathi, Advocate for
appellant.
Mr. Ganesh Umale, AGP for respondent Nos.1 and 2.
Mr. M.A. Kadu, Advocate for Respondent No.3.
**************************************************************
CORAM : G. A. SANAP, J.
DATED : 16th JANUARY, 2024
ORAL JUDGMENT
1. Heard.
2. ADMIT.
3. Taken up for final disposal forthwith by consent of
learned Advocates for the parties.
4. Learned Advocate for the appellants submits that this
appeal is covered by the decision rendered by the co-ordinate
Bench of this Court in First Appeal No.871/2012 ( Shri Manikrao
s/o Sheshrao Baradkar vs. State of Maharashtra and ors.) with First
Appeal No.978 of 2012 (V.I.D.C. through its Executive Engineer,
Bembla Project, Yavatmal vs. Manikrao Sheshrao Baradkar and
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ors.) decided on 14.08.2019.
5. The land of the appellant, bearing Gat No. 125
admeasuring 3 hectares and 82 areas, was acquired by the
respondents for the Bembla Project. The land was situated at
Village Barad Taluka Babhulgaon, District Yavatmal. The
notification under Section 4 of the Land Acquisition Act, 1894,
was issued on July 24, 2003. The award was passed on June 27,
2005. The Land Acquisition Officer awarded the compensation @
Rs.78,445/- (Rupees Seventy Eight Thousand Four Hundred and
Forty Five Only) per hectare.
6. The reference filed by the appellants was allowed, and
the compensation was enhanced to Rs.1,75,000/- (Rupees One
Lacs Seventy Five Thousand Only) per hectare. The appellants,
being aggrieved by the judgment and order passed by the
Reference Court on July 12, 2012, have come before this Court in
appeal.
7. It is undisputed that the land of the appellants is dry
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crop land. The co-ordinate Bench of this Court while deciding
First Appeal No.871/2012 with First Appeal No.987/2012, has
quantified the compensation for dry crop land @ of Rs.2,10,000/-
(Rupees Two Lacs and Ten Thousand Only) per hectare.
8. It is pointed out that the land of the appellants and the
land of First Appeal No.871/2012 with First Appeal No.978/2012
are situated in the same village and are similarly situated in all
respects. On going through the record, I am satisfied that this
appeal would be covered by the decision rendered by co-ordinate
Bench of this Court in First Appeal No.871/2012 with First
Appeal No.978/2012. Accordingly, the appellants are entitled to
get compensation @ of Rs.2,10,000/- (Rupees Two Lacs Ten
Thousand Only) per hectare of land bearing Gat No.125 of the
area 3 hectares, 82 areas.
9. Therefore, the appeal is allowed.
10. The impugned judgment and decree passed by the
learned Civil Judge, Senior Division, Yavatmal, dated July 12,
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2012, in L.A.C. No. 462/2005 is modified as follows:.
i) The appellants are entitled to get compensation at the
rate of Rs.2,10,000/- (Rs. Two Lakhs and Thousand Only) per
hectare with interest and other benefits as determined by the
Reference Court.
ii) The enhanced compensation be deposited within four
months.
iii) Appellants/claimants are required to pay the deficit court
fee on the enhanced amount of compensation. If the deficit Court
fee is not paid by the appellants/claimants, then the same shall be
recovered/deducted from the enhanced compensation amount.
11. The appellants shall not be entitled to get interest and
other benefits for the delayed period of 2927 days.
12. The First Appeal stands disposed of accordingly. No
order as to costs. Pending applications, if any, stand disposed of.
(G. A. SANAP, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 24/01/2024 17:14:03
