Narayan Namdeo Neware v. State Of Maharashtra Through The Collector, Amravati And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.1109/2015 APPELLANT :

Narayan Mahadeo Neware (Original Aged 60 years, Occ. : Household, Petitioner) R/o Ghuikhed, Tq. Chandur Railway, On R.A.

Dist. Amravati.

...VERSUS...

RESPONDENTS : 1) State of Maharashtra, (Ori. Respondents) through the Collector, Amravati. On R.A.

2) Special Land Acquisition Officer, Upper Wardha Project No.4. Amravati.

3) Executive Engineer, Bembla Project Division, Yavatmal, Dist. Yavatmal.

----------------------------------------------------------------------------------------------- Shri A.P. Kalmegh, Advocate for appellant Mrs. M.H. Deshmukh, AGP for respondent nos.1 and 2 Shri M.A. Kadu, Advocate for respondent no.3 ----------------------------------------------------------------------------------------------- CORAM : AVINASH G. GHAROTE, J.

DATE : 29/11/2022 ORAL JUDGMENT 1.

Heard Shri A.P. Kalmegh, learned counsel for the appellant, Mrs. M.H. Deshmukh, learned Assistant Government Pleader for the respondent nos.1 and 2 and Shri M.A. Kadu, learned counsel for the respondent no.3.

2.

The factual position in the present first appeal is as under - Bembla River Project, District Yavatmal Date of Notification under Section 4 of the Land Acquisition Act.

18/08/2005 Property details Area of property LAO Award Dated Ref. Court Award Dated 06/09/2008 27/04/2015 Plot No: 684 Village:

Ghuikhed Tahsil Chandur Railway District :

Amravati Plot Area : 74.50 Sq.mtr.

Rs.140/- per Sq.mt Rs.500 per Sq.mtr.

Construction:

74.50 Sq.mtr.

Rs.687.10 per Sq.

mtr.

Rs.927.60 per Sq. mtr.

3.

The appeal challenges the judgment of the Reference Court dated 27/04/2015, whereby the learned Reference Court has enhanced the compensation for the open plot to Rs.500/-per sq.mtr. and has granted compensation for the constructed area at the rate of Rs.927.60/- per sq.mtr., in respect of plot No. 684, as detailed above. 4.

In First Appeal No.1378/2018 (Sharad Gangadhar Gulhane Vs. The State of Maharashtra through the Collector, Camp, Amravati and others) and First Appeal No.389/2018 (Lilabai Omkarrao Giri and others Vs. The State of Maharashtra through the

Collector, Camp, Amravati and others) decided on 06/09/2021, this Court, while considering the claim for enhancement of compensation in respect of plots at village Ghuikhed had decided the compensation to Rs.575/- per sq.mtr. The fixing of the said rate of open plot was based upon the fact that the said village is located on the border of the State Highway i.e. Aurangabad - Nagpur Highway, about half kilometer from the highway there is an approach road to the village and in view of the sale-deed dated 30/03/1995 of the same village, the compensation was enhanced considering the escalation/increase per year for a period of 101⁄2 years and the aforesaid rate of Rs.575/- per sq.mtr. for open plot has been fixed.

5.

In the instant matter, no material, has been brought to my notice existing on record, for me to take a different view than what has been already taken by this court in First Appeal No.1378/2018 (Sharad Gangadhar Gulhane Vs. The State of Maharashtra through the Collector, Camp, Amravati and others). 6.

The evidence of Shri Chandrashekhar Wankhede at Exh.36 the valuer, who claims the market rate to be Rs.2000/- per

sq.mtr. for open plot, a perusal whereof would demonstrate that he has not enquired about any sale instance, from the same village, or from the neighbouring village, in order to arrive at the rate as being quoted in his report, except for the sale-deed of Shri Sawwalakhe, which is admittedly, as per Shri Kalmegh, learned counsel for the claimant, not placed on record, which is also depicted from the fact that in the evidence of PW 2 - Shri Chandrashekhar, the same has not been exhibited at all. That apart, though the valuation report at Exh.37 makes a mention of the sale-deed of Shri Sawwalakhe from village Ghuikhed, in his cross-examination (pg.82 of the paper-book) he claims ignorance regarding any details of the transaction of Shri Sawwalakhe.

He further, admits in his cross-examination that for the purpose of determining the value of the plot, the value of the neighbouring properties, has to be ascertained which has not been done by him. Neither he has enquired from the Gram Pachayat, when the construction was made, apart from which, there is nothing in his report or on record to indicate the nature of the construction, considering which, the rate awarded by the learned reference court cannot be interfered with, even though it appears to be on a lower side, as a rate of Rs.2282.80 per sq. mtr.

First Appeal No.1107/2015 (Narayan Mahadeo Neware Vs. State of Maharashtra, through the Collector, Amravati and others) on account of there being absence of material to indicate parity in the nature and quality of construction, considering which, I do not see any reason to interfere in the rate of construction as awarded by the learned Reference Court.

7.

That being the position, in view of the rate of open plot in village Ghuikhed, having already been determined by this Court at Rs.575/- per sq.mtr. the appellant, would only be entitled to that benefit and nothing else.

8.

In the result, the first appeal is partly allowed and the impugned judgment under reference is modified by enhancing the rate of open land as granted by the learned Reference Court at Rs.500/- per sq.mtr. to Rs.575/- per sq.mtr, as held in Sharad Gangadhar Gulhane (supra). Rest of the judgment of the learned Reference Court is maintained.

9.

The difference in the amount of compensation, and all ancillary benefits arising therefrom as per the provisions of the Land Acquisition Act, as applicable thereto be calculated and deposited in the Reference Court within a period of eight weeks from today. The difference in court fee be deposited in this Court. All pending civil applications, if any, shall stand disposed of. No order as to costs. (AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR