Allowed

Devidas Keshaorao Pardakhe v. the Executive Engineer, Bembla Project Division, Yavatmal and Others

Bombay HC19 Jul 2017CAF/2846/2017

Case brief

AI extract

What is this about?

The Court enhanced compensation for land acquired under the Bembla River Project in Dighi Village to Rs. 2,10,000 per hectare, aligning with rates granted in similar appeals, while denying interest on the enhanced portion.

What did the court decide?

Enhanced compensation fixed at Rs. 2,10,000 per hectare; no interest on enhanced portion from 22 July 2011 to 19 July 2017.

Devidas Keshaorao Pardakhe Vs the Executive Engineer, Bembla… — Land Acquisition | Bombay HC (2017)

¶1

1 CAF2846.2017

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

¶3

Civil Application No. 2846/2017 Devidas Keshaorao Pardhake

¶4

¶5

The Executive Engineer, Bembla Project Division and others.

¶6

- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

¶7

¶8

Shri A.B. Nakshane, Adv. for the applicant.

¶9

CORAM : S.B.Shukre, J. DATE : 19.7.2017 .

¶10

Civil Application No. 2846/2017

¶11

Heard the Learned Counsel for the appellant.

¶12

The application is allowed. Delay is condoned

¶13

subject to the condition that the interest on the enhanced compensation, if any, shall not be claimed by

¶14

the appellant in case, enhanced compensation is granted by this Court, for the period from 22^nd July, 2011 till

¶15

today. The application is disposed of.

¶16

FA St. No.7038 of 2017

¶17

Heard.

¶18

Admit .

¶19

There is no necessity to call for any record

¶20

and proceedings as the issue involved in this appeal is

¶21

2 CAF2846.2017

¶22

covered by the judgment passed by this Court in First Appeal no. 86/2017 dated 31^th January, 2017.

¶23

In view of above, the First Appeal is heard finally by consent of the parties.

¶24

The land of the claimant has been acquired, which was from Dighi Village, for Bembla river project and Section 4 notification was issued on 14^th August, 2003. The Land Acquisition Officer passed an award on 31^st May, 2005 and granted compensation of Rs. 78,253/- per hectare as against the demand of Rs. 2,50,000/- per hectare. The dispute was carried by way of reference to the Court of Civil, Senior Division and the adjudication given by the Reference Court was to the effect that the market value of the land determined by the Land Acquisition Officer being on the lower side was required to be enhanced and fixed at Rs. 1,65,000/per hectare. Accordingly, this rate was found to be a correct representative of the market value of the acquired land and thus the impugned order was passed by the Reference Court on 22^nd July, 2011.

¶25

In First Appeal No. 921/2015, similar land as

¶26

3 CAF2846.2017

¶27

the one involved in this appeal situated at Village Dighi was found to be having a market value of Rs. 2,10,000/- per hectare by this Court and this rate was accordingly granted to the claimant in First Appeal No. 921/2015 by this Court.

¶28

In First appeal No. 86/2017 also the land acquired was from Dighi Village and had similarities with the land involved in First Appeal No. 921/2015 and therefore, this Court, by the judgment and order dated 31^st January, 2017 disposed of the appeal by granting the rate for the acquired land at Rs. 2,10,000/per hectare.

¶29

In the instant case, we have seen that the land acquired was from village Dighi for Bembla River Project under the same notification and was covered by this same award dated 31^st May, 2005. The land is also similar to the lands involved in First Appeal No. 86/2017 and 921/2015. Therefore, I have no hesitation to hold that the market value of the land acquired in this appeal would also be of Rs. 2, 10,000/- per hectare

¶30

and accordingly it is declared that the claimant is

¶31

4 CAF2846.2017

¶32

entitled to receive the compensation at the rate of Rs. 2,10,000/- per hectare for the land acquired. The impugned Award stands modified to this extent while remaining parts of the award stand confirmed. However, it is made clear that in view of order passed by this Court while disposing of Civil Application No. 280/2017, the claimant shall not be entitled to receive

¶33

any interest on that portion of the compensation which is due and payable to the claimant on account of the enhancement in compensation made now by this Court and it would not mention for the period from 22^nd July, 2011 till 19^th July, 2017.

¶34

Parties to bear their own costs.

¶35

Disposed of.

¶36

JUDGE

¶37

A.P. Ansari

Devidas Keshaorao Pardakhe v. the Executive Engineer, Bembla Project Division, Yavatmal and Others

Case brief

What is this about?

What did the court decide?

Devidas Keshaorao Pardakhe v. the Executive Engineer, Bembla Project Division, Yavatmal and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Asha Prakash Bhokre Vs Milind Shriram Bansod and 3 Others

Swarupchand Motilal Jain (Bohra) Vs the State of Maharashtra and Others

W.C.L. Thr. Chief General Manager, Chandrapur Vs Dadaji Bijram Pathade, Chandrapur and 3 Otrs

Executive Engineer, Lower Wardha Project Division, Wardha Vs Narendra Vithalrao Shende and 2 Others

Executive Engineer, Purna Medium Project, Achalpur Division Vs Uttam Vishramji Nagapure and 2 Others

Sau. Sonal W/O. Ashish Chopade Vs Ashish S/O. Chandrakant Chopade