Bhiku S/O Chandu Jadhao v. The Collector, Yavatmal And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR FIRST APPEAL NO.1404 OF 2019 Appellant :

Bhiku s/o Chandu Jadhao, (Original Applicant/ Aged about 75 years, Occ: Agriculturist, Claimants on R.A.) R/o Ghamapur, Tah. Umarkhed, District Yavatmal.

-- Versus -- Respondents : 1] The Collector, Yavatmal, (Original N.A. on R.A.) Tah. & District Yavatmal.

2] The Executive Engineer, Minor Irrigation Department, Pusad, District Yavatmal.

3] The Special Land Acquisition Officer, Lower Pus Project, Pusad, Tah. Pusad, District Yavatmal.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri V.N. Patre, Advocate for the Appellant.

Ms. T.H. Udeshi, A.G.P. for Respondent Nos.1 & 3. Shri R.C. Raibhandare, Advocate for Respondent No.2. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

CORAM

:

SMT. ANUJA PRABHUDESSAI, J.

DATE :

nd FEBRUARY, 2021.

ORAL JUDGMENT :- The appellant herein has challenged the judgment and award, dated 21/04/2008 passed by the Reference Court, Pusad in LAC No.414/2002.

02] The land belonging to the appellant, admeasuring 2.02 hectares from Survey No.61 of Village Ghamapur, was acquired for Amdapur Project. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short) was issued on 20/02/1997 and the award under Section 11 was passed on 19/06/20o0. The Land Acquisition Officer awarded compensation at the rate of Rs.60,000/- per hectare. Being dissatisfied with the quantum of compensation, the appellant sought reference under Section 18 of the Land Acquisition Act claiming enhanced compensation at the rate of Rs.2,50,000/- per hectare. The Reference Court, after considering the evidence on record, enhanced the compensation to Rs.47,000/- per hectare. Being aggrieved by the impugned judgment and award, the appellant has filed this appeal under Section 54 of the Act.

03] Shri V.N. Patre, learned Counsel for the appellant states that in a connected matter, arising from the same notification, this Court by judgment, dated 03/10/2019 in First Appeal No.1330/2008 has enhanced compensation to Rs.1,66,000/- per hectare. Learned Counsel for the appellant further states that the subject land as well as the land which was the subject matter of First Appeal No.1330/2008, are situated in the same village and are of similar nature. This statement is not disputed by learned Counsel for the respondent-

Acquiring Body. In view of this admitted fact situation, this appeal can be decided on the basis of the judgment in First Appeal No.1330/2008, wherein this Court, after considering the decision of the Apex Court in Chindha Fakira Patil (dead) through Lrs. vs. Special Land Acquisition Officer, Jalgaon - 2012 (2) Mh.L.J. 530, has awarded compensation at the rate of Rs.1,66,000/- per hectare in respect of the irrigated land. 04] Under the circumstances and for the reasons stated in the judgment, dated 03/10/2019, the following order is passed : i.

The appeal is allowed.

ii.

The appellant is entitled for compensation at the rate of Rs.1,66,000/- per hectare with all other statutory benefits, in respect of 2.02 hectare of land, which has been classified as an irrigated land.

iii.

The judgment and award, dated21/04/2008, passed by the Reference Court in L.A.C. No.414/2002 stands modified accordingly.

iv.

The Respondent-Acquiring Body to deposit the balance amount before this Court within a period of four months. v.

The appeal stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) *sandesh