The Executive Engineer, Bembla Project, Yavatmal v. Shankarrao S/O Gajerao Vandekar And Others

fa 1194.17.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR First Appeal No.1194/2017 The Executive Engineer, Bembla Project Yavatmal V Shankarrao and others ************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************* Mr. P.B. Patil, Adv. for appellant.

Mr. A.B. Nakshane, Adv. for resp. no.1.

Mr. M.A. Kadu, AGP for resp. nos.2 and 3.

CORAM : AVINASH G GHAROTE, J.

DATE : 05-12-2022 Mr. Patil, learned Counsel for the appellant, Mr. Nakshane, learned Counsel for respondent no.1 and Mr. Kadu, learned AGP for respondent nos. 2 and 3. 2.

Mr. Nakshane, learned Counsel for respondent no.1, does not dispute that in F.A. No. 819/2015 (Executive Engineer, Bembla Project Division, Yavatmal Vs Bhavrao Shivram Bhagat thr Lrs and others) decided on 19-07-2019 and also in all the other matters, in respect of village Dighi, the rate of land has been decided as Rs.500/-per sq.mtr by this Court and therefore is agreeable to the reduction of rate to the land from Rs. 550/- per sq.mtr as awarded by the Reference Court to Rs.500/- per sq. mtr.

3.

He also admits that insofar as the rate for construction is concerned, though the same has been enhanced from Rs. 1289/- per sq. mtr to Rs. 1800/- per sq.mtr by the Reference Court, however according to him,

fa 1194.17.

2/2 as per the policy of the appellant, the enchantment upto 25% has been accepted which comes to Rs. 1611/- per sq.mtr and therefore is agreeable to the rate of Rs.1611/- per sq. mtr for the construction, accepting the said statement, the judgment of the Reference Court dated 13-01-2015 is hereby modified by reducing the rate of land to 500/- per sq. mtr and that of construction to Rs. 1611/- per sq. mtr.

4.

The rest of the judgment remains the same with according to correction.

5.

Appeal is allowed in the above terms. No costs. JUDGE Deshmukh