Bombay High Court
Ashok S/O Jagannath Tawri vs The State Of Maharashtra Through ... on 9 January, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:864
-1- 24F.FA.980.2023.Judgment.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
FIRST APPEAL NO. 980 OF 2023
APPELLANT : Ashok S/o. Jagannath Tawri, Aged 54
years, Occ.: Agriculturist, R/o.
Ghuikhed, Tq. Chandur Railway, Dist.
Amravati.
//VERSUS//
RESPONDENTS : 1. The State of Maharashtra, through
Collector, Amravati, Dist. Amravati.
2. The Special Land Acquisition Officer,
Upper Wardha Project No.4, Tq. &
Dist. Amravati.
3. The Executive Engineer, Bembla
Project Division, Yavatmal, Tq. &
Dist. Yavatmal.
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Ms. Shreya Bhagat, Advocate h/f. Mr. P.R. Agrawal, Advocate for
the Appellant.
Mr. Ganesh Umale, AGP for Respondent Nos.1 & 2.
Mr. M.A. Kadu, Advocate for Respondent No.3.
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CORAM : G. A. SANAP, J.
DATED : 9th JANUARY, 2024.
ORAL JUDGMENT
Heard Ms. Shreya Bhagat, learned advocate holding for
Mr. P.R. Agrawal, learned advocate for the appellant, Mr. Ganesh
Umale, learned AGP for respondent Nos.1 and 2 and Mr. M.A.
-2- 24F.FA.980.2023.Judgment.odt
Kadu, learned advocate for respondent No.3. Perused the record
and proceedings.
02] In this appeal, challenge is to the impugned judgment
and award dated 07.05.2015, passed by the learned Civil Judge
(Senior Division), Amravati (for short "the Reference Court"),
whereby the claim for enhancement of compensation was partly
allowed.
03] The factual position in the present appeal is as under:-
Bembla Project, District Yavatmal
Date of Notification under Section 4 of the Land 26.10.2005
Acquisition Act, 1894.
Address of Details of LAO Award Ref. Court
property property Dated Award Dated
06.09.2008 07.05.2015
House No.437 Open plot: Rs.140/- per Rs.500/- per
Village: 114.90 sq. mtr. sq. mtr. sq. mtr
Ghuikhed, Tahsil Construction : Rs.4,96,291/- Rs.6,69,992/-
Chandur Railway, 106.9 sq. mtr.
District :
Amravati
04] According to the appellant, the enhancement of
compensation granted by the Reference Court in respect of the
open plot of land and construction is grossly inadequate. Learned
advocate for the appellant submitted that as far as the open plot of
land from the same village is concerned, the Co-ordinate Bench of
-3- 24F.FA.980.2023.Judgment.odt
this Court in First Appeal No.1378/2018, decided on 06.09.2021
[Sharad Gangadhar Gulhane Vs. The State of Maharashtra
through the Collector, Camp, Amravati] has awarded the
compensation @ Rs.575/- per sq. mtr. Learned advocate submitted
that, therefore, this appeal to the extent of open plot of land is
concerned, has been fully covered by the decision in First Appeal
No.1378/2018. As far as the compensation in respect of the
construction is concerned, learned advocate submitted that after
taking the evidence into consideration, the Reference Court
without any reason has granted enhancement on the amount of
compensation awarded by the Special Land Acquisition Officer to
the extent of 35% only. Learned advocate submitted that the
enhancement ought to have been 41% on the amount of
compensation determined by the Special Land Acquisition Officer
in respect of the construction. This aspect has not been considered
in First Appeal No.1378/2018.
05] Learned advocate Mr. Kadu for respondent No.3, relying
upon a decision of the Co-ordinate Bench of this Court rendered in
First Appeal No.846/2019, decided on 02.12.2022 [Shamrao
Laxman Navghare and Others Vs. The State of Maharashtra,
through the Collector, Camp, Amravati] of the same village, has
pointed out that in this appeal, the Co-ordinate Bench of this
-4- 24F.FA.980.2023.Judgment.odt
Court has confirmed the enhancement @ 35% granted by the
Reference Court on the amount of compensation determined by
the Special Land Acquisition Officer. Learned advocate submitted
that, therefore, parity has to be maintained. Learned advocate
submitted that, therefore, the enhancement @ 35% may be
maintained.
06] On going through the decisions rendered in the above
two first appeals, it is seen that this appeal is fully covered. As far as
the construction is concerned, there is no need to modify the order
passed by the Reference Court. As far as the open plot of land is
concerned, the compensation awarded @ Rs.500/- per sq. mtr. is
required to be enhanced to Rs.575/- per sq. mtr.
07] Accordingly, the appeal is partly allowed. The appellants
are entitled to get the compensation in respect of the open plot of
land @ Rs.575/- (Rs. Five Hundred Seventy Five Only) per sq.
mtr. with all other statutory benefits and interest. The amount in
terms of this order be deposited within two months from today.
08] It is made clear that while calculating the aforesaid
amount, interest and other statutory benefits for the period of
delay of 1687 days caused in filing this appeal, shall not be
calculated and granted.
-5- 24F.FA.980.2023.Judgment.odt
09] The appellant/claimant is required to pay the deficit
Court fee, if any, on the enhanced amount of compensation. If the
deficit Court fee is not paid by the appellant/claimant, then the
same shall be recovered/deducted from the enhanced
compensation amount.
10] The appeal is disposed of accordingly. No order as to
costs.
(G. A. SANAP, J.)
Vijay
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 22/01/2024 17:50:04
