Vidarbha Irrigation Development Corporation, Through Executive Engineer, Bembla Project Division v. Chindhuji Pandurangji Nehare Dead, Through Lrs. Kishor Chindhuji Nehare And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR FIRST APPEAL NO.574 OF 2016 Appellant :

Vidarbha Irrigation Development Corporation, Through Executive Engineer, Bembla Project Division, Yavatmal, Tq. & Dist. Yavatmal.

-- Versus -- Respondents : 1] Chindhuji Pandurangji Nehare (Dead), Aged 66 years, Occu. Agriculturist, R/o Pahur, Tq. Babhulgaon, Dist. Yavatmal.

Through L.Rs.

1-A] Kishor Chindhuji Nehare, Aged about 40 years, Occu. Service & Agriculturist.

1-B] Manohar Chindhuji Nehare, Aged about 37 years, Occu. Agriculturist.

Both r/o Yavatmal,, Tq. & Dist. Yavatmal.

1-C] Sau. Asha Shivshankar Borkar, Aged about 42 years, R/o Nagpur, Tq. & Dist. Nagpur.

2] State of Maharashtra, Through Collector, Yavtamal.

3] Special Land Acquisition Officer, Minor Irrigation Works No.II, Yavatmal, Tq. & Dist. Yavatmal.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri P.B. Patil, Advocate for the Appellant.

Shri A.B. Nakshane, Advocate for Respondent Nos.1-A to 1-C. Shri A.S. Fulzale, Additional Government Pleader for Respondent Nos.2 & 3. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= C ORAM : S.M. MODAK, J.

DATE : 17 th DECEMBER, 2020.

J U D G M E N T :- The matter is taken up for final hearing with the consent of the learned Advocates for the respective parties. 02] The land with the standing structure belonging to the claimant-original respondent No.1 came to be acquired for Bembla Project Division. It was situated at Village Pahur, Tah. Babhulgaon, District Yavatmal. The details are given in paragraph 1 of the appeal memo. Section 4 notification was issued on 11/05/2000. The Land Acquisition Officer as per the award dated 17/10/2003 gave offer as follows :

➔Declared award on 17/10/2003.

➔Claimant being not satisfied, filed a reference and it was answered on 02/01/2012.

➔Reference Court enhanced the rate as follows :  For open plot - Rs.900/- per square meter.

 For constructed area - Rs.1234/- per square meter. 03] The appellant, being aggrieved with the award stating that the enhancement is excessive, came in appeal. This Court has decided First Appeal No.1254/2017 on 25/03/2019. The claimant relied upon the said judgment. This Court was pleased to reduce the

rate at Rs.750/- per square meter for open land and was pleased to decide the rate at Rs.1,200/- per square meter for constructed portion.

04] In that matter, the property was situated at Pahur, Tah. Babhulgaon, District Yavatmal. Section 4 notification was issued on 11/05/2000 i.e. the same notification in the present appeal. So, there is every reason to consider the rates fixed in that appeal. I do not find any reason to defer with that. Hence, the following order : i.

The appeal is partly allowed.

ii.

The judgment passed by the Reference Court, Yavatmal in L.A.C. No.264/2006 on 02/01/2012 is modified as follows : (a)Respondent Nos.1-A to 1-C are entitled to receive compensation at the rate of Rs.750/- per square meter for open plot and Rs.1234/- per square meter for constructed area.

(b) The appellant is directed to deposit the amount within a period of three months.

(c) After deposit of the amount, respondent No.1-A to 1-C will be permitted to withdraw the said amount along with accrued interest.

(d)Rest of the award of the Reference Court is maintained. iii.

The appeal is disposed of in the above terms with no order as to costs.

(S.M. MODAK, J.) *sandesh