Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Minor Irrigation Division, Wardha And ANR v. Nilkanth S/O Lahanuji Yeole And Another

2024:BHC-NAG:693 1 caf 749.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAF) No. 749 of 2021 in First Appeal St.

No.

11996 of 20 [V.I.D.C. through its Executive Engineer, Minor Irrigation Division, Wardha and anr. ..vs.. Nilkanth s/o Lahanuji Yeole and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V. A. Dahat, Advocate h/f Mr. J. B. Kasat, Advocate for the applicants/ appellants Mr. D. R. Bhoyar, Advocate for the respondent no. 1 Mrs. M. R. Kavimandan, AGP for respondent no. 2 CORAM : ANIL L. PANSARE J .

DATED : 17-01 -202 For the reasons set out in the application, the application is allowed as prayed for.

2.

First appeal be registered.

First Appeal No. of 2024 3.

The appellants are challenging the enhanced compensation granted by the reference Court.

4.

The notification under Section 4 was issued on 28-5-1998.

Land Acquisition Officer awarded compensation at the rate of Rs. 90/- per square meter for open space and Rs. 2108/- per square meter for constructed area. The said compensation has been enhanced by the reference Court to Rs. 738/- per square meter for open space and Rs. 2531/- per square meter for constructed area.

5.

Learned counsel for V.I.D.C. fairly submits that in an identical matter viz. First Appeal No. 687/2014

2 caf 749.2021.odt (VIDC, Wardha Vs. Vithal Ganpatrao Timande and anr.), this Court vide order dated 12-12-2018 has dismissed the appeal by holding that reference Court was justified in awarding compensation at the enhanced rate. In view thereof and for the reasons stated in the order dated 12-12-2018 in First Appeal No. 687/2014, the present appeal stands dismissed with no order as to costs. 6.

At this stage, learned counsel for the appellants submits that the amount of compensation has been already deposited. The respondent no. 1 is at liberty to withdraw the same by filing application before the Registry.

(Anil L. Pansare, J.) wasnik