Vidharbha Irrigation Development Corporation Nagpur Thr. Its Exe. Eng. Wardha v. Ramchandra S/O Zapaji Kolhe And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CROSS OBJECTOR NO. 31 OF 2018 IN FIRST APPEAL NO. 433 OF 2014 (Vidharbha Irrigation Development Corporation, Nagpur, through its Executive Engineer, Wardha Vs. Ramchandra S/o Zapaji Kolhe and others) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri V.G.Wankhede, counsel for the appellant. Shri Tushar Darda, counsel for the respondent no.1 cross-objector no. 1.

Mrs. Ritu Kalia, learned AGP for respondent nos. 2 & 3.

CORAM : ANIL S KILOR, J.

DATE : 05 th FEBRUARY, 2020.

Heard Shri Tushar Darda, learned counsel for the respondent no. 1/cross-objector, Shri V.G.Wankhede, learned counsel for the appellant and Mrs. Ritu Kalia, learned Assistant Government Pleader for the respondent nos. 2 & 3.

2.

Shri Darda, learned counsel for the crossobjector has pointed out that the present appeal was withdrawn by the appellant before the Lok Adalat on 22nd April, 2018.

3.

Shri Darda, learned counsel for the crossobjector has pointed out that in reference to LAC No.241/2006 relating to the land field survey no.26

situated at Mouza Nababpur, Tq. Arvi, Dist. Wardha in a land acquisition case no.67/LAQ-47/1997-98, the learned Joint Civil Judge, Senior Division, Wardha was pleased to grant Rs.1,68,000/- per hector to dry crop land as per its judgment and award dated 02.05.2014.

4.

He further points out that the appeal was preferred against the said judgment and award dated 2nd May, 2014 before this Court and the said first appeal came to be withdrawn before the Lok Adalat, Thus, he prays for grant of Rs.1,68,000/- per hector to him as the land acquired of the objector is also dry crop land and from the same land acquisition proceeding.

5.

Shri Wankhede, learned counsel for the appellant is not disputing the said fact and fairly admits that the judgment and award whereby Rs.1,68,000/- per hector was granted by the reference Court, the first appeal filed challenging the same came to be withdrawn.

6.

In the said backdrop, the cross-objection is allowed.

7.

The judgment and award in a land acquisition case No.56/2005 is modified and the appellant is directed to pay the respondent Rs.1,68,000/- per hector alongwith statutory benefits.

8.

The respondent/cross-objector shall pay additional stamp duty as per the rules.

9.

Cross-objection is disposed of.

JUDGE sknair