The Executive Engineer, Uppar Painganga Project, Yavatmal v. Kisanrao Vishwambhar Jadhao And 2 Others
FA32.09 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
First Appeal No.32/2009 Executive Engineer, Upper Painganga Project Division-II, Umarkhed Vs.
Kisanrao Vishwambhar Jadhao and ors.
------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
Shri M.R. Johrapurkar, Advocate for appellant. Mrs. Mrunal Naik, AGP for respondent nos. 2 and 3. CORAM : A.S.CHANDURKAR, J.
DATE : March 01, 2019 In this appeal filed under Section 54 of the Land Acquisition Act, 1894 (for short, the said Act) the judgment of the Reference Court patly enhancing the amount of compensation from Rs.21,080/- per hectare to Rs. 27,900/- per hectare is under challenge.
Land admeasuring 0.62 R from Survey No.44 was acquired pursuant to Notification issued under Section 4 of the said Act in 1994-95. The land Acquisition officer granted compensation at the rate of Rs.21,080/- per hectare. The Reference Court enhanced the mount of compensation partly and granted a sum of Rs.27,900/- per hectare.
Admittedly enhancement by the Reference Court is only to the extent of Rs.6,820/- per hectare. The marginal enhancement in the amount of compensation has been granted by the Reference Court after considering the evidence on record. As per the policy decision being
FA32.09 2/2 followed by the appellant, if the enhancement by the Reference Court is less than 1/4th time of the amount of compensation awarded by the Land Acquisition Officer, the Corporation does not pursue such proceedings. In the light of the additional fact that admittedly the enhancement as granted by the Reference Court is much less than 1/4th times the compensation ranted by the Land Acquisition officer, it is not found necessary to interfere with the impugned judgment. Hence the judgment of the Reference Court is confirmed. The First Appeal is accordingly dismissed with not order as to costs. The claimant is at liberty to withdraw the balance amount of compensation with accrued interest.
JUDGE Andurkar.