Appellant challenged compensation enhancement to Rs.5,00,000 per hectare for dry crop land. Court held appeal covered by recent precedents and dismissed it.
First appeal stands dismissed and disposed of. No order as to costs.
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2024:BHC-NAG:5366
21.FA.434.2024 railway land acquisition.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO. 434 OF 2024
Dy. Chief Engineer, .... APPELLANT Central Railway, Ajni Nagpur, (Original non-applicant on Tah. & Dist. Nagpur. R.A.)
// V E R S U S //
---------------------------------------------------------------------------------------------- CORAM : G. A. SANAP, J. DATE : 18/04/2024
O R A L J U D G M E N T :
1 Heard finally with the consent of learned Advocates
21.FA.434.2024 railway land acquisition.odt
for the parties.
2 In this appeal, challenge is to the judgment and
award dated 02.04.2019 passed by the Civil Judge, Senior Division, Wardha, whereby the reference filed by respondent Nos.1 and 2 was allowed and the compensation for their dry crop lands was enhanced to Rs.5,00,000/- (Rupees Five Lacs Only) per hectare.
3 Background facts:
Respondent Nos.1 and 2 are the owners of land
bearing survey Nos.14 and 359, admeasuring 1.40 HR and 0.98 HR. Out of these lands, 0.30 HR and 0.16 HR lands were acquired by the appellant for laying 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 compensation @ of Rs.2,47,300/- (Rupees Two Lacs Forty Seven Thousand Three
21.FA.434.2024 railway land acquisition.odt 3
Hundred Only) per hectare for survey No.14 and
Rs.2,47,300/- (Rupees Two Lacs Forty Seven Thousand Three Hundred Only) per hectare for survey No.359.
the appellant and the learned AGP Ms Prachi Joshi for the respondent Nos. 3 and 4/State. Perused the record and
21.FA.434.2024 railway land acquisition.odt 4
proceedings.
21.FA.434.2024 railway land acquisition.odt 5
compensation @ Rs.5,00,000/- (Rupees Five Lacs Only) per hectare each in respect of acquired land from survey Nos.14 and 359, admeasuring 0.30 H.R. and 0.16 HR, respectively which is dry crop land. In my view, this appeal is fully covered
by the decision rendered by this Court in the above two appeals on 18.04.2024. In view of this, I do not see any substance in the appeal.
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 11:24:17
1 issue framed by the court
Whether the compensation awarded by the Civil Judge for dry crop land for railway acquisition should be allowed on appeal.
1 provisions across 1 enactments
Dy. Chief Engineer, Central Railway
Shri Sunil S/o. Santosh Khadse
Shri Sachin S/o. Santosh Khadse
The State of Maharashtra
Special Land Acquisition Officer (G), Wardha
G. A. SANAP
As recorded by the court registry
3 orders share this CNR
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