V.I.D.C. Thr. Executive Engineer v. Shrirang S/O Sakharam Wagh And ORS

2024:BHC-NAG:4961 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 1049 OF 2012 APPELLANT :

Vidharbha Irrigation Development Corporation, through its Executive Engineer, Minor Irrigation Division No.2, Chikhali, Dist. Buldhana.

//VERSUS// RESPONDENTS : 1.

Shrirang S/o. Sakharam Wagh, Aged about 71 Years, Occ. Agriculturist.

2.

Samadhan S/o. Rambhau, Aged about 51 Years, Occ. Agriculturist.

3.

Kaduba S/o. Rambhau Wagh, Aged about 30 Years, Occ. Agriculturist.

Appeal is abated against R.

No.4 vide R (J) Order Dt.

28.08.12 4.

Tulsabai W/o. Ganpat, Aged about 86 Years, Occ. Agriculturist.

All above R/o. Kubhefhal, Tq. & Dist.

Buldhana.

5.

The Special Land Acquisition Officer, Minor Irrigation Works, Buldhana.

************************************************************** Mr. Ritesh Kalra, Advocate for the Appellant. Mr. R.B. Dhore, Advocate with Mr. A.B. Kale, Advocate for Respondent Nos.1 to 3.

Mr. Ganesh Umale, AGP for Respondent No.5.

************************************************************** CORAM : G. A. SANAP, J .

DATED : 27 th MARCH , 2024.

-2ORAL

JUDGMENT

.

In this appeal, challenge is to the judgment and award dated 14.01.2011, passed by the learned Civil Judge (Senior Division), Buldhana (for short "the Reference Court"), whereby the claim for enhancement of compensation was partly allowed. 02] The factual position in the present appeal is as under:- Kardi Minor Irrigation Tank, District Buldhana Date of Notification under Section 4 of the Land Acquisition Act, 1894.

16.09.1993 Address of property Details of property LAO Award Ref. Court Award Dated Dated 27.03.1996 14.01.2011 Village: Kardi, Tahsil & District :

Buldhana Gat No.99 0H 74R Rs.22,000/- per hectare Rs.2,80,000/- per hectare 03] Respondent Nos.1 to 3 filed the reference before the Collector, Buldhana. The Collector, Buldhana, made over the reference to the Civil Court. It is the case of respondent Nos.1 to 3 that their land was irrigated. According to them, the price of the land determined by the Land Acquisition Officer was inadequate. According to them, the market price of the acquired land was more than Rs.3,00,000/- per hectare. The Reference Court, on the basis of the evidence, partly allowed the reference and enhanced the

-3compensation from Rs.22,000/- to Rs.2,80,000/- per hectare. 04] The appellant/Acquiring Body, being aggrieved by this judgment and award, has filed this appeal.

05] I have heard learned advocates for the parties. Perused the record and proceedings.

06] Learned advocates for the parties submit that this appeal is covered by the decision rendered by this Court in First Appeal No. 968/2012 [Vidarbha Irrigation Development Corporation thr. its Executive Engineer, Minor Irrigation Division No.2, Chikhali, Buldhana Vs. Subhash Narayan & Anr. on 27.03.2024] 07] On going through the record and proceedings, it is seen that the land was acquired for the purpose of Kardi Minor Irrigation Tank. The date of award in both the cases is same. It is, therefore, apparent that the land in First Appeal No.968/2012 is similarly situated with the land of the claimants. The Reference Court has held that the land of the claimants was irrigated land. The land in First Appeal No.968/2012 was also irrigated land. In my view, the Reference Court has rightly determined the market price of the land. As such, no interference is warranted in the well-

-4reasoned judgment and award passed by the Reference Court. As a result of this, the appeal is dismissed. No order as to costs. Pending applications, if any, stand disposed of.

(G. A. SANAP, J.) Vijay