Executive Engineer Bembla Project, Vidharbha Irrigation Development v. Damodhar Bapu Thakre,Dead Thru 6 Legal Rep.

fa 950.07.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR First Appeal No.960/2007 The Executive Engineer, Bembla Project Yavatmal V Damodhar thr Lrs and others ************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************* Mr. A.B. Patil, Adv. for appellant.

Mr. M.M. Agnihotri, Adv. for resp. nos.1 to 3. Mr. M.A. Kadu, AGP for resp. nos.4 and 5.

CORAM : AVINASH G GHAROTE, J.

DATE : 05-12-2022 Mr. Patil, learned Counsel for the appellant, Mr. Agnihotri, learned Counsel for respondent nos.1 to 3 and Mr. Kadu, learned AGP for respondent nos.4 and 5. 2.

This Court in VIDC Vs Ramrao Ajabarao Korde thr Lrs and others decided on 23-11-2022 has recorded, that in various matters the rate for the open plot for village Barad has been fixed at Rs.500/- per sq.mtr. and the rate between Rs.2200/- to Rs.2900/- per sq.mtr for the construction at village Barad. In the instant matter, the learned Reference Court, by the impugned judgment, has awarded a lump sum amount of Rs.90,000/- for the plot and construction also and considering Rs. 500/- per sq. mtr. for the plot area, the rate for construction would only be Rs. 1322/- per sq.mtr which is much below the rate of construction awarded for the houses in village Barad, considering which, I am not inclined to interfere in the impugned judgment passed by the learned Reference Court,

fa 950.07.

2/2 the appeal is therefore dismissed. No costs.

JUDGE Deshmukh