Vidarbha Irrigation Devp. Corporation, Yavatmal, Thr. Executive Engineer, Bembla Project Division v. Damodhar Ganpat Raut (Dead), Thr. Subhash Damodhar Raut And Others

FA434.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.434 OF 2017 The Executive Engineer, Bembla Project Division Vs.

Damodhar Ganpat Raut since dead through Lrs Subhash Damodhar Raut & ors. ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri J.B.Kasat Advocate for appellant.

Shri A.B.Nakshane, Advocate for R.Nos.. 1 to 3. Mrs. Harshada Prabhu,AGP for R.Nos. 4 and 5.

CORAM : A.S.CHANDURKAR, J.

DATE : February 26, 2019 Heard.

It is submitted by learned counsel for the parties that in view of adjudication in First Appeal St.No.189 of 2018 (VIDC & Another vs. Vasant Nanaji Patre & Others) dated 19.12.2018 arising from village Pahur, Taluka Babhulgaon, District Yavtmal, the present appeal can be disposed of.

In First Appeal St.No.189 of 2018, this Court has held that an amount of Rs.750/- per square meter for an open plot of land acquired from village Pahur, Taluka Babhulgaon, District Yavtmal would be fair compensation. The notification under Section 4 of the Land Acquisition Act, 1894 in this appeal is dated 11.05.2000 which was the same notification in the appeal mentioned above.

Hence, for reasons assigned in First Appeal St.No.189 of 2018 (VIDC & Another Vs. Vasant Nanaji Patre & Others) daed 19.12.2018, this appeal is partly allowed as under :- 1) The judgment of the Reference Court in L.A.C.No.424/2007 dated 04.04.2015 is partly modified.

FA434.17 2/2 2) The claimants are held entitled to receive an amount of Rs.750/- per square meters for Plot No. 663 admeasuring 183.10 square meter and for plot no.689 admeasuring 63.95 square meters. They are also entitled to receive an amount of Rs.1590/- per square meter for the constructed portion admeasuring 150.84 square meters.

3.

Other directions in the award are confirmed.

4.

The claimants are at liberty to withdraw the amount of compensation in terms of this judgment.

5.

The balance amounts, if any, be refunded to the appellant with accrued interest.

The First Appeal is partly allowed in aforesaid terms and disposed of with no order as to costs.

JUDGE Andurkar.