Bombay High CourtFA/180/2013dismissed

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer v. Shankar S/O Narayan Tayde And Another

2024-11-22Hon'Ble Shri Justice Sanjay Anandrao Deshmukh7 pages

2024:BHC-NAG:12719 1 J-FA No.176.2013+2.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.

OF 20 Corporation, through its Executive Engineer, Minor Irrigation Division No.2, Chikhali, Buldhana .... APPELLANT Bababai S/o Ramdas Sanase, Aged about 81 years, Occupation - Agriculturist, R/o. Kardi, Tq. and Dist. Buldhana The Special Land Acquisition Officer, WITH CROSS OBJECTION NO. 69 OF 2024 IN FIRST APPEAL NO. 176 OF 2013 Bababai S/o Ramdas Sanase, Aged about 81 years, Occupation - Agriculturist, R/o. Kardi, Tq. and Dist. Buldhana.

.... CROSS-OBJECTOR Corporation, through Executive Engineer, Minor Irrigation Division No.II, Chikhali, Buldhana Special Land Acquisition Officer,

2 J-FA No.176.2013+2.odt WITH FIRST APPEAL NO.

OF 20 Corporation, through its Executive Engineer, Minor Irrigation Division No.2, Chikhali, Buldhana .... APPELLANT Shankar S/o Narayan Tayde, Aged about 63 years, Occupation - Agriculturist, R/o. Kardi, Tq. and Dist. Buldhana The Special Land Acquisition Officer, WITH CROSS OBJECTION NO. 70 OF 2024 IN FIRST APPEAL NO. 180 OF 2013 Shankar S/o Narayan Tayde, Aged about 47 years, Occupation - Agriculturist, R/o. Kardi, Tq. and Dist. Buldhana .... CROSS-OBJECTOR Corporation, through Executive Engineer, Minor Irrigation Division No.II, Chikhali, Buldhana Special Land Acquisition Officer,

3 J-FA No.176.2013+2.odt WITH FIRST APPEAL NO.

OF 20 Corporation, through its Executive Engineer, Minor Irrigation Division No.2, Chikhali, Distt. Buldhana.

.... APPELLANT Ramdhan S/o Yeduba Tayde, Aged about 46 years, Occupation - Agriculturist, R/o. Kardi, Tq. and Dist. Buldhana The Special Land Acquisition Officer, WITH CROSS OBJECTION NO. 68 OF 2024 IN FIRST APPEAL NO. 1047 OF 2012 Ramdhan S/o Yeduba Tayde, (Dead) Through his legal representatives :

(a) Ishwar Ramdhan Tayde, Aged about 45 years, Occ.- Agriculturist, R/o. Kardi, Tq. and Dist. Buldhana.

(b) Gangubai Ramdhan Tayde, Aged about 76 years, Occ.-Household, R/o. Kardi, Tq. and Dist. Buldhana.

(d) Anita Totaram Sapkal, Aged about 52 years, Occ.- Agriculturist, R/o. Moundhala, Tq. and Dist. Buldhana.

4 J-FA No.176.2013+2.odt (e) Dilip Ramdhan Tayde, Aged about 49 years, Occ.- Agriculturist, R/o. Kardi, Tq. and Dist. Buldhana.

(f) Rameshwar Ramdhan Tayde, Aged about 47 years, Occ.- Agriculturist, R/o. Kardi, Tq. and Dist. Buldhana.

.... CROSS-OBJECTORS Corporation, through Executive Engineer, Minor Irrigation Division No.II, Chikhali, Buldhana Special Land Acquisition Officer, _____________________________________________________________ Mr. J. B. Kasat, Advocate for Appellant in all appeals. Mr. R. B. Dhore, Advocate for Respondent No.1 in all appeals and Cross-objectors in all Cross-Objections.

Ms. Hemlata Dhande, Assistant Government Pleader for Respondent No.2 in all appeals and all Cross-Objections. Mr. M. A. Kadu, Advocate for respondent No.1 in all CrossObjections. _____________________________________________________________ CORAM : SANJAY A. DESHMUKH, J.

DATE : 22 nd NOVEMBER, .

COMMON

JUDGMENT

All these appeals and cross-objections arises out of one and same Award dated 27.03.1996 passed by Land Acquisition Officer in L.A.C. No.7/1991-1992, in respect of agriculture lands situated at village Karadi, Tahsil and District Buldhana. Hence, all these appeals are being disposed of by this common judgment.

5 J-FA No.176.2013+2.odt 2.

First Appeal No.176 of 2013 and Cross-Objection No.69 of 2024 are preferred against the judgment and award passed by Joint Civil Judge, Senior Division, Buldhana, dated 17.01.2011 in Land Acquisition Case No.129/1996, whereby the reference filed by respondent No.1/cross-objector was partly allowed and the compensation was enhanced for the acquired land @ Rs. 1,40,000/- per hector for the dry crop land bearing Gat No.46 total admeasuring 2.84 HR. out of which admeasuring 56.8 R. situated at village Karadi, Tahsil and District Buldhana.

First Appeal No.180 of 2013 and Cross-Objection No.70 of 2024 are preferred against the Judgment and decree dated 15.01.2011 passed by Joint Civil Judge, Senior Division, Buldhana in Land Acquisition Case No.95 of 1996, whereby the reference filed by respondent No.1/cross-objector was partly allowed and the compensation was enhanced for the acquired lands @ Rs. 1,40,000/- per hector for the dry crop land bearing Gat No.46, admeasuring 1.37 HR. and @ Rs.2,80,000/- per hectare for the irrigated land bearing Gat No.47 admeasuring 1.06 HR., situated at village Karadi, Tahsil and District Buldhana.

First Appeal No.1047 of 2012 and Cross-Objection No.68 of 2024 are preferred against the judgment and award passed by

6 J-FA No.176.2013+2.odt Joint Civil Judge, Senior Division, Buldhana, dated 05.01.2011 in Land Acquisition Case No.41/1996, whereby the reference filed by respondent No.1/cross-objector was partly allowed and the compensation was enhanced @ Rs.2,80,000/- per hectare for the irrigated land bearing Gat No.214, total admeasuring 2.24 HR., out of which admeasuring 1.12 HR. of the acquired land, situated at village Karadi, Tahsil and District Buldhana. 5.

Heard learned Advocates for both sides.

Learned Advocate for the parties submit that these appeals and cross-objections are covered by the decision rendered by this Court in First Appeal No. 968 of 2012 (Vidarbha Irrigation Development Corporation through its Executive Engineer Vs. Subhash Narayan and one another), decided on 27th March, 2024. 8.

Perused the judgments and awards passed by the Reference Court and judgment passed in First Appeal No. 968 of 2012 cited supra. It is seen that there was no mistake or illegality on the part of the Reference Court while determining the market price of the acquired lands. The lands acquired in these appeals and crossobjections as well as in First Appeal No. 968 of 2012 are one and same village and acquired for the same purpose. Considering this

7 J-FA No.176.2013+2.odt fact, all these appeals and cross-objections were fully covered by the decision rendered in First Appeal No. 968 of 2012. Therefore, all these appeals filed by the acquiring body and cross-objections filed by cross-objectors are without substance and deserve to be dismissed. 9.

In the result, all these appeals and cross-objections stand dismissed on the basis of principle of parity in terms of the above referred judgment. No order as to costs.

(SANJAY A. DESHMUKH, J.) Kirtak