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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
First Appeal No.666/2010.
Vidarbha Irrigation Development Corporation,
through its Executive Engineer, Khaperkheda Project,
Tq. Deulgaon Raja, Dist. Buldhana. Appellant on R.A.
V/s.
1. Gajanan S/o Dashrath Bondre,
Age Major, Occu. Agriculturist,
R/o Mehuna Raja, Tq. Deulgaon Raja,
Dist. Buldhana.
2. The State of Maharashtra,
through the Collector, Buldhana.
3. The Special Land Acquisition Officer,
Khaperkheda Project, Buldhana. Respondents on R.A.
_______________________________________________________________________
Mr. A.B. Patil, Adv. for appellant.
Mr. N.B. Kalwaghe, Adv. for respondent no.1.
Mr. Kadu, A.G.P. for respondent nos.2 and 3.
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CORAM : R.M.SAVANT, J.
DATED : 12.01.2011.
ORAL JUDGMENT
1. Heard finally by the consent of the parties.
2. The above first appeal arises out of the award of the
reference Court dated 13/11/2009. By the said award the reference
Court enhanced the compensation ranging from Rs.1,24,000/- to
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Rs.1,64,000/- per hectare.
3. The land in question was acquired for the project known
as Khadakpurna Irrigation Project. The land in the instant appeal is
to the extent of 0.18 Hectors bearing Gat No.296 and 3.08 hectors of
Gat No.206 of village Mehuna Raja, Tq. Deulgaon Raja, Dist.
Buldhana which was acquired. The notification under section 4 of
the Land Acquisition Act was issued on 24/10/2001 and after
following the the procedure mentioned in the said Act, the award
came to be declared on 15/6/2005 by the Special Land Acquisition
Officer granting the compensation of Rs.69,150/- and Rs.83,237/-
per hector respectively in respect of the aforesaid lands in question.
Being dissatisfied by the said compensation awarded to them the
claimants i.e. respondents herein made an application for reference
under section 18 of the Land Acquisition Act claiming an amount of
Rs.4,50,000/- per hector. The reference Court by the impugned
award dated 13/11/2009 has awarded compensation at the rate of
Rs.1,24,000/- and Rs.1,64,000/- per hector.
4. During the course of hearing of the above appeal the
learned counsel for the appellant drew my attention to the judgment
of a learned single Judge of this Court reported in
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2011 (1) Mh.L.J. 231 (Vidarbha Irrigation Development Corporation,
Deulgaon Raja V/s. Kamlaji Balaji Jadhao and others). By the said
judgment a group of appeals involving the acquisition for the same
public purpose and lands covered by the same section 4 notification
were decided. The said appeals were partly allowed and the award
passed by the reference Court in the said cases were modified. It was
held that the claimants would be entitled to compensation of
Rs.1,00,000/- per hector with attendant statutory benefits under the
said Act. The learned counsel appearing for the claimants Shri
Kalwaghe does not dispute the applicability of the said judgment and
in fact fairly states that the matter would be covered by the said
judgment. In my view, therefore, the above First Appeal would have
to be partly allowed and resultantly the claimants i.e. respondents
herein would be entitled to enhanced compensation at the rate of
Rs.1,00,000/- per hectare with attendant statutory benefits. The
award of the reference Court to stand modified accordingly. Decree
be drawn up accordingly. No order as to costs. First appeal is
accordingly disposed of.
JUDGE
Tambaskar.
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