The Executive Engineer, Central Railway, Ajni, Nagpur v. Smt. Kusum Shankarrao Akhud And Others

2024:BHC-NAG:5365

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.

OF 2 The Executive Engineer, Central Railway, Ajni Nagpur, Tah. & Dist. Nagpur.

.... APPELLANT (original non-applicant on R.A.) // V E R S U S // 1.

Smt Kusum Shankarrao Akhud, Aged about : 62 Yrs., Occu. : Agriculturist, (Dismissed) RESPONDENTS (Original Applicant on R.A.) 2.

Smt. Kalpana Shankarrao Akhud, (Kalpana Sanjayrao Mude) Aged about 41 Yrs., Occu.: Agriculturist, (dismissed) Matter is dismissed against R. No. 1 & 2 for default R-J Order dt 2/8/22 (Original applicant No.2) both are R/o. Ratnapur, Tah. Deoli & Distt. Wardha 3.

The State of Maharashtra, Through its Collector Wardha, Tah. & Distt. Wardha.

(Original Non-applicant No.1) 4.

Special Land Acquisition Officer (G), Wardha, Tah. & Dist. Wardha (Original Non-applicant No.2) ---------------------------------------------------------------------------------------------- Mr N. P. Lambat, Advocate for the appellant Ms Prachi Joshi, AGP for respondent Nos. 3 and 4 ---------------------------------------------------------------------------------------------- CORAM : G. A. SANAP, J.

DATE : 18/04/2024 O R A L

J U D G M E N T

:

Heard finally with the consent of learned Advocates for the parties.

In this appeal, the challenge is to the judgment and award dated 10.06.2019 passed by the Civil Judge, Senior Division, Wardha, whereby the reference filed by respondent No.1 was allowed and the compensation for his dry crop land was enhanced to Rs.5,00,000/- (Rupees Five Lacs Only) per hectare.

Background facts:

Respondents are the owner of land bearing survey No.48 admeasuring 1.78 HR. Out of this land, 0.33 HR land was acquired by the appellant for laying the Wardha Nanded via Yavatmal-Pusad, New Railway Line. A notification under Section 4 (1) of the Land Acquisition Act, 1894 was published on 14.03.2013. The Land Acquisition Officer passed the award on 11.11.2013 and awarded the compensation @ of

Rs.2,74,800/- (Rupees Two Lacs Seventy Four Thousand Eight Hundred Only) per hectare.

4.

The respondent No.1 and 2 were aggrieved by the judgment and award passed by the Land Acquisition Officer. They therefore, filed a reference before Collector. The Collector made over the reference to the Civil Court. The learned Civil Judge, on consideration of the evidence enhanced the compensation from Rs.2,74,800/- (Rupees Two Lacs Seventy Four Thousand Eight Hundred Only) per hectare to Rs.5,00,000/- (Rupees Five Lacs Only) per hectare. Being aggrieved by this judgment and award, the acquiring body has come before this Court in appeal.

5.

I have heard learned Advocate Mr N. P. Lambat for the appellant and the learned AGP Ms Prachi Joshi for the respondent Nos. 3 and 4/State. Perused the record and proceedings.

6.

Learned Advocates for the parties submit that this appeal is covered by the decision of this Court in First Appeal No.337/2024 (Prashant Nagorao Vitalkar Vs. State of Maharashtra and others) with First Appeal No.338/2024 (The Executive Engineer, Central Railway, Anjni Nagpur vs. Shri Prashant Nagorao Vitalkar and others decided on 18.04.2024. Learned Advocates pointed out that this Court has awarded the compensation for irrigated land @ of Rs.10,00,000/- (Rupees Ten Lacs Only) per hectare and for dry crop land @ of Rs.5,00,000/- (Rupees Five Lacs Only) per hectare. It is submitted that the land in this appeal as well as the land in First Appeal Nos.337/2024 with First Appeal No.338/2024 are similar in all respects. The lands are situated in the same area and acquired for the same purpose under same notification. \ 7.

It is seen that the Reference Court has awarded the compensation @ Rs.5,00,000/- (Rupees Five Lacs Only) per

hectare in respect of dry crop land. In my view, this appeal is fully covered by the decision rendered in the above two appeals of this Court by judgment and order dated 18.04.2024. In view of this, I do not see any substance in the appeal. 8.

Accordingly, First appeal stands dismissed.

9.

The first appeal stands disposed of. No order as to costs. Pending applications, if any, stand disposed of. (G. A. SANAP, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 07/05/2024 11:23:26