Vidarbha Irrigation Development Corporation, Through Its Executive Engineer v. Ramdas Bapurao Yasansure And 3 Others

1.fa.646.12 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR First Appeal No.

of Vidarbha Irrigation Development Corporation vs.

Ramdas Bapurao Yasansure & 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, Advocate for the Appellant.

Mr. A.B. Nakshane, Advocate for Respondent No.1. Mr. M.A. Kadu, A.G.P. for Respondent Nos.3 & 4.

CORAM

: M.

S. KARNIK, J.

DATE : 13 th APRIL, .

Heard.

02] My attention is invited to the order dated 26/02/2019 passed by this Court in First Appeal No.380/2016. It is submitted by the learned Counsel for the parties that in view of adjudication in First Appeal No.380/2016, which followed the decision in First Appeal Stamp No.189/2018 (VIDC & Another vs. Vasant Nanaji Patre & Others), dated 19/12/2018 arising from village Pahur, Taluka Babhulgaon, District Yavatmal, the present appeal can be disposed of.

03] In First Appeal Stamp No.189/2018, this Court held that an amount of Rs.750/- per square meter for an open plot of land acquired from village Pahur, Taluka Babhulgaon, District Yavatmal would be fair compensation. The notification under Section 4 of the Land Acquisition Act, 1894 in this appeal is dated 11/05/2000, which was the same notification in the appeal mentioned above.

1.fa.646.12 2/2 04] Hence, for the reasons assigned in First Appeal Stamp No.189/2018 and First Appeal No.380/2016, this appeal is partly allowed as under:

i.

The judgment of the Reference Court in L.A.C. No.474/2006, dated 30/08/2010 is partly modified.

ii.

The claimant is held entitled to receive an amount of Rs.750/- per square meter for Plot No.615, admeasuring 64.50 square meters. He is entitled to receive an amount of Rs.1,800/- per square meter for the constructed portion admeasuring 43.44 square meters.

iii.

Other directions in the award are confirmed.

iv.

The appellant is directed to deposit the amount of compensation, if not already deposited, in terms of the judgment within a period of three months from today in this Court.

v.

The claimant is at liberty to withdraw the amount of compensation on such deposit so made.

vi.

The first appeal is disposed of in the aforesaid terms with no order as to costs.

JUDGE *sandesh Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge