Vijay S/O Udhaorao Kamble v. Vidarbha Irrigation Development Corporation, Thr. Executive Engg., Bembala Project, Yavatmal And Ot

2FA 1056.2013.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO. 1056 OF 2013 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembla Project, Yavatmal.

...APPELLANT

Versus

1. Vijay Udhaorao Kamble, aged about 40 years, Occ. Agriculturist, R/o Barad, Post Pahur, Tal. Babulgaon, District Yavatmal.

2. The State of Maharashtra, through the Collector, Yavatmal.

3. The Special Land Acquisition Officer, Benefited Zone, Yavatmal.

...RESPONDENTS WITH CROSS OBJECTION NO. 19 OF 2015 Vijay Udhaorao Kamble, aged about 40 years, Occ. Agriculturist, R/o Barad, Post Pahur, Tal. Babulgaon, District Yavatmal.

...CROSS OBJECTOR

Versus

1. Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembla Project, Division Ta. And Distt. Yavatmal.

2. The State of Maharashtra, through the Collector, Yavatmal, Ta. And Distt. Yavatmal.

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3. The Special Land Acquisition Officer, Benefited Zone, Yavatmal.

...RESPONDENTS Shri A.B. Patil, Advocate for the appellant in First Appeal No.1056/2013 and for respondent No.1 in Cross Objection No.19/2015.

Shri S.V. Ingole, Advocate for respondent No.1 in First Appeal No.1056/2013 and for the cross-objector in Cross Objection No.19/2015.

Ms. Shamsi Haider, A.G.P. for respondent Nos.2 and 3. .....

CORAM : PUSHPA V. GANEDIWALA, J.

DATED : SEPTEMBER 01, 2021.

ORAL JUDGMENT :

Heard.

2.

Shri Ingole, learned counsel for the claimant/ crossobjector submits that the instant Appeal and the Cross Objection can be decided as the issue involved in the instant Appeal is covered by the judgment delivered by this Court in the case of Ashok s/o Uttamchand Kotecha (Since dead) thr. LRs Savita wd/o Ashok Kotecha & Ors. Vs. The State of Maharashtra & Ors. [First Appeal No. 399/2011] & Anr. connected matter. He submits that in the said Appeal, this Court has enhanced the compensation for the subject land in that matters @ Rs.2,10,000/- per hectare against the

2FA 1056.2013.odt 3 compensation which was enhanced by the Reference Court @ Rs.1,75,000/- per hectare. He further submits that the subject land in the present Appeal and the Cross Objection is similarly situated with the land which was acquired in the aforecited First Appeal, i.e., First Appeal No. 399/2011 & anr. connected matter as both the lands are situated at Village Barad, Tal. Babulgaon, District Yavatmal and was acquired under the notification dated 24/07/2003 issued under Section 4 of the Land Acquisition Act, 1894.

3.

I have perused the record with the assistance of learned both the counsel. I am satisfied that the subject land in the instant Appeal so also the lands which were acquired in the aforesaid Appeals are similarly situated.

4.

In this view of the matter, 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 Appeals. Hence, I proceed to pass the following order :

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ORDER

i.

First Appeal stands dismissed.

ii.

Cross Objection stands partly allowed.

iii.

The compensation for the land of the claimant admeasuring 1 hectare 62 R out of Gat No.100/B, situated at Village Barad, Tal. Babulgaon, District Yavatmal, is determined @ Rs.2,10,000/- per hectare. This amount shall be paid by the acquiring body to the claimant with all statutory benefits. iv.

If the amount of compensation has not been deposited by the acquiring body, the same shall be deposited within a period of five months with the Registry of this Court. On such deposit, the claimant/ cross-objector is entitled to withdraw the same, subject to payment of deficit Court fee. JUDGE ****** Sumit