Gautam S/O Suganchand Chopda v. The State Of Maharashtra Through The Collector, Yavatmal And Others

22fa414.23.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR FIRST APPEAL NO. 414 OF 2023 Gautam S/o Suganchand Chopda, Aged 48 years, Occ. Agriculturist, R/o. Amravati, Tq. & District Amravati ...APPELLANT

Versus

1.State of Maharashtra, Through the Collector, Yavatmal 2.Special Land Acquisition Officer, Minor Irrigation Works No. 2, Yavatmal 3.The Executive Engineer, Bembla Project Division, Yavatmal, Tq. & District Yavatmal ...RESPONDENTS .....

Shri A.B. Nakshane, Advocate for the appellant Ms. T.H. Udeshi, AGP for Respondent Nos. 1 and 2 Shri K.R. Lule, Advocate for Respondent No. 3 .....

CORAM

:

SMT. M.S. JAWALKAR, J.

CLOSED FOR JUDGMENT ON :- JULY 31, 2023 JUDGMENT PRONOUNCED ON :- AUGUST 04, 2023 JUDGMENT :

Heard learned Counsel for the respective parties. 2.

Shri Nakshane, learned counsel for the appellant submits that the instant Appeal can be decided as the issue

22fa414.23.odt 2 involved in the instant Appeal is covered by the judgment delivered by this Court in First Appeal No. 481/2016 (Vidarbha Irrigation Development Corporation Vs. Sharad Gangaram Chaudhary) The learned counsel further submits that the subject land in the aforesaid Appeal came to be acquired for the Bembla Project. That the subject land in the instant Appeal is situated at Village Thalegaon, Tq. Babhulgaon, District Yavatmal admeasuring 4.44 hectares bearing Gat Nos. 50/1 and 68/1. He submits that the notification under Section 4 of the Land Acquisition Act, 1894 came to be issued on 14/08/2003 and that the award came to be passed on 09/06/2005. He further submits that the Land Acquisition Officer has valued the rates for the acquired land @ Rs.

92,907/- per hectare and that the Reference Court has enhanced the compensation @ Rs.1,75,000/- per hectare. He further submits that the compensation for the land in the Village Thalegaon, which was acquired for the same purpose and for which the notification issued on 14/08/2003, this Court has enhanced the compensation @ Rs. 2,10,000/- per hectare.

22fa414.23.odt 3 issued on 14/08/2003, and by calculating the amount of compensation with increase @ 10% per annum, approx amount would be Rs. 2,10,000/- in the year 2003. 3.

I have perused the aforecited judgment and the impugned judgment and award. I am satisfied that the subject land in the instant Appeal is similarly situated with the land acquired in the aforecited Appeal from the same village, for same project, and therefore, I do not see any good reason to take a different view, as the issue involved in the instant Appeal is already covered in the aforesaid Appeal.

4.

Hence, I proceed to pass following order :

ORDER

i.

First Appeal stands allowed.

ii.

The compensation for the land of the claimant admeasuring 4.44 hectares, situated at Village, Thalegaon, Tal. Babhulgaon, District Yavatmal bearing Gat Nos. 50/1 and 68/1, is determined @ Rs.2,10,000/- per hectare. This amount shall be paid by the acquiring body to the claimant with all statutory benefits.

22fa414.23.odt 4 iii.

The acquiring body shall deposit the amount of enhanced compensation within a period of five months with the Registry of this Court. On such deposit, the claimant will be entitled to withdraw the same.

iv.

It is made clear that the Claimant will not be entitled for the interest for the delayed period of 2803 days as observed in the order dated 18/04/2023.

JUDGE Ansari Signed By:AKRAM PARVEZ MAQSOOD AHMAD ANSARI Private Secretary to Hon'ble Judge