Allowed

The Executive Engineer, Minor Irrigation Dept. , Nagpur and Another v. Krishnarao Ajabrao Tekade

Bombay HC21 Sept 2021FA/1035/2015

Case brief

AI extract

What is this about?

In this First Appeal by the acquiring body, the Single Judge dismissed the challenge to enhanced compensation awarded under the Land Acquisition Act, noting binding precedent from a related case on identical land. Consequently, the pending civil application was disposed of.

What did the court decide?

The appeal is dismissed and the pending application is disposed of.

The Executive Engineer, Minor Irrigation Dept. , Nagpur and… — Land Acquisition | Bombay HC (2021)

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7 FA-1035-2015.doc

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BDP-SPS-TAC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR

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FIRST APPEAL NO. 1035 OF 2015

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WITH

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CIVIL APPLICATION NO.1694 OF 2021

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FIRST APPEAL NO. 1035 OF 2015

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The Executive Engineer, Minor Irrigation Department, Zilla Parishad, Nagpur and Anr. ….Appellants

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V/s

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Krishnarao Ajabrao Tekade …..Respondent

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Ms. Mayuri Deshmukh, AGP for the Appellants.

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Mr. C.R. Najbile, Advocate for the Respondent.

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CORAM: NITIN W. SAMBRE, J.

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DATE: SEPTEMBER 21, 2021

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P.C.:-

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1] This is an appeal by the acquiring body. In exercise of power under Section 18 of the Land Acquisition Act, vide impugned judgment, Reference Court on 2^nd May, 2014 granted enhanced compensation. It is alleged that such enhancement is

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7 FA-1035-2015.doc

on higher side.

2] The learned AGP Ms Deshmukh would invite attention of this Court to the award of compensation for the fruit bearing Trees such as Orange Trees, Bor Trees, Kadu-Neem Trees etc. According to her, calculation of enhanced compensation is on higher side.

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3] Mr. Najbile, learned Counsel for the Respondent/land owner would urge that award of compensation is quite reasonable and sought dismissal of the appeal by inviting my attention to the judgment of the learned Single Judge of this Court in First Appeal No.1016 of 2015 decided on 21^st August, 2019 arising out of Land Acquisition Case No. 503 of 2010.

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4] When confronted, it is agreed between the respective learned Counsels before this Court that the land acquired in Land Acquisition Case No.503 of 2010 referred to in First Appeal No.1016 of 2015 is same and identical in Land Acquisition Case No. 495 of 2010. According to the learned Counsels, the land mentioned in the impugned judgment is acquired for very same project for which First Appeal No.1016 of 2015 is decided.

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7 FA-1035-2015.doc

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5] In the backdrop of the judgment of the learned Single Judge of this Court dated 21^st August 2019 delivered in First Appeal No.1016 of 2015, present appeal stands dismissed. As a consequence, pending application stands disposed of.

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( NITIN W. SAMBRE, J. )

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The Executive Engineer, Minor Irrigation Dept. , Nagpur and Another v. Krishnarao Ajabrao Tekade

Case brief

What is this about?

What did the court decide?

The Executive Engineer, Minor Irrigation Dept. , Nagpur and Another v. Krishnarao Ajabrao Tekade

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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