Bombay High Court
Manohar S/O Pandurang Khadse vs The State Of Maharashtra Through The ... on 6 May, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:5671
1 FA 153.23 (J)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
FIRST APPEAL NO. 153 OF 2023
APPELLANT : Manohar S/o Pandurang Khadse,
Aged 59 years, Occu. Agriculturist,
R/o Thalegaon, Tq. Babhulgaon,
Dist. Yavatmal.
VERSUS
RESPONDENTS : 1] State of Maharashtra,
through the Collector, Yavatmal.
2] The Special Land Acquisition Officer,
M.I. Work No.II, Yavatmal,
Dist. Yavatmal.
3] The Executive Engineer,
Bembla Project Division, Yavatmal,
Tq. and Dist. Yavatmal
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Mr. Mohit Dubey, Advocate h/f Mr. A.B. Nakshane, Advocate
for the appellant
Ms. S. N. Thakur, A.G.P. for the respondent nos.1 and 2.
Ms. Ashwini Athalye, Advocate for respondent no.3.
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CORAM : G. A. SANAP, J.
DATED : MAY 06, 2024.
ORAL JUDGMENT
1. In this appeal filed under Section 54 of the Land Acquisition Act,
1894, (hereinafter referred to as "the L.A. Act" for short) challenge is to the
2 FA 153.23 (J)
judgment and award dated 16.08.2011, passed by learned Joint Civil Judge,
Senior Division, Yavatmal, in Land Acquisition Case No. 61/2009, whereby
the reference filed by appellant/claimant was partly allowed and the
compensation was enhanced.
2. The land of appellant-claimant, bearing gat No.38/1A,
admeasuring 3.89 HR, situated at village Thalegaon, Tah. Babhulgaon, Dist.
Yavatmal, was acquired for Bembla River Project. The notification under
Section 4 of the L.A. Act was published on 14.08.2003. Respondent no.2 -
Special Land Acquisition Officer passed the award on 09.06.2005 and
determined the market price of the acquired land @ Rs.91,988/- per hectare.
The claimant filed reference before the Collector. The Collector made over the
reference to the Civil Court. The Reference Court, by the judgment and order
dated 16.08.2011 determined the market price of the acquired land @
Rs.1,75,000/- per hectare. The appellant/claimant, being aggrieved by this
judgment and award, is before this Court in appeal.
5. I have heard Mr. Mohit Dubey, learned Advocate holding for Mr.
A.B. Nakshane, learned advocate for the appellant, learned Assistant
Government Pleader for respondent nos.1 and 2 and Ms. Ashwini Athalye,
learned advocate for respondent no.3. Perused the record and proceedings.
3 FA 153.23 (J)
6. In the facts and circumstances, following point fall for my
determination :-
"Whether the market price of the acquired land, determined
by the Reference Court, is just, proper and reasonable ?"
7. Learned advocate for the appellant submits that this appeal is
covered by the decision rendered by this Court in First Appeal No. 834 of
2023 (Prakashchand Banichand Lodha (Dead) thru LRs Anjusha Sharad Soni
and others. .vs. Executive Engineer, Bembla Project Divn., Yavatmal and
others) on 13.10.2023. It is submitted that the land of the appellant was dry
crop land. It is pointed out that for similarly situated land in all respects of the
same village, acquired under the same award, compensation has been awarded
@ Rs.2,10,000/- per hectare in respect of dry crop land.
8. I have gone through the record and proceedings. There is hardly
any dispute about the fact that the land of the appellant was a dry crop land. In
view of this, I conclude that this appeal is covered by the decision rendered in
First Appeal No. 843/2023. The market price of the acquired land of the
appellant determined by the reference Court is Rs.1,75,000/- per hectare. As
per this covered judgment, the appellant is entitled to get the market price of
the acquired land @ Rs.2,10,000/- per hectare. In my opinion, Rs.2,10,000/-
per hectare would be the just and reasonable compensation for the acquired
land. The above point is, accordingly, answered.
4 FA 153.23 (J)
9. In the result, the First Appeal is partly allowed.
i] The appellant is entitled to get compensation @ Rs.2,10,000/-
(Rupees Two lakhs Ten thousand only) per hectare in respect of his land
bearing gut no. 38/1-A, admeasuring 3.89 HR, situated at village Thalegaon,
Tah. Babhulgaon, Dist. Yavatmal.
ii] Respondent no.3 -acquiring body is directed to pay compensation
to the appellant @ Rs.2,10,000/- per hectare along with interest and other
benefits as ordered by the reference Court.
iii] The amount be deposited within four months from today.
iv] It is made clear that while calculating the aforesaid amount, the
interest and other statutory benefits for the period of delay of 3001 days caused
in filing this appeal, shall not be calculated and granted.
v] 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.
vi] The appeal stands disposed of in the aforesaid terms. No order as
to the costs. Decree be drawn up accordingly.
( G. A. SANAP, J. )
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 09/05/2024 19:58:30
