Dismissed

V.I.D.C. Thr. Exe. Engineer, Irrigation Division and Bembla Canal Division, Yavatmal and Anr. v. Shri Khushal Tanba Waghade and Others

Bombay HC9 May 2024FA/448/2024

Case brief

AI extract

What is this about?

Land acquisition appeals by the acquiring body challenging enhanced compensation for lands at village Gujari acquired for Bembla Project. Following the court's earlier decision in a connected appeal concerning the same village, the appeals were dismissed and the enhanced rate of Rs.4,20,000 per hectare maintained.

What the court decided

AI extract

V.I.D.C. Thr. Exe. Engineer, Irrigation Division and Bembla… — Land Acquisition | Bombay HC (2024)

¶1

2024:BHC-NAG:6069

¶2

59 fa 420.22. vidc land with conn. appeals - Copy.odt

¶3

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

¶5

FIRST APPEAL NO. 420 OF 20 22

¶6

Vidarbha Irrigation Development Corporation, .... APPELLANTS through its Executive Engineer, Bembla Project Division, Yavatmal, Tq. And Dist. Yavatmal

¶7

The Executive Engineer, Bembla Project Division, Yavatmal, Tq. And Dist. Yavatmal

¶8

// V E R S U S //

¶9

Shri Bapurao Nago Waghade (Died) through his ... RESPONDENTS legal heirs

¶10

Sau. Shevantabai Bapurao Waghade, R-1 deleted as per Court’s Age : 55 years, Occ: Agriculturist order dated 15.03.2023 LRs of R1 are already on record 2. Ramrao Bapurao Waghade, Age : 45 years, Occ: Agriculturist

¶11

Gajanan Bapurao Waghade , Age :- 40 years, Occ: Agriculturist

¶12

Deorao Bapurao Waghade, Age : 32 years, Occ: Agriculturist

¶13

Bhaurao Bapurao Waghade, Age : 28 years, Occ: Agriculturist

¶14

Sau Pushpa Chandrabhangi Nehare, Occ.: Household

¶15

Sau. Lata Dipakrao Murkahe, Occ.: Agriculturist

¶16

All R/o Gujari, Tq. Relegaon, Dist. Yavatmal, through their Power of Attorney No.3.

¶17

59 fa 420.22. vidc land with conn. appeals - Copy.odt 2

¶18

8.	The State of Maharashtra, Represented by the Collector Yavatmal
9.	Special Land Acquisition Officer, Bembla Project Yavatmal, Tq. and Dist. Yavatmal
----- -----	----------------------------------------------------------------------------------------- Mr Mangesh Kadu, Advocate for the appellants. Mr. S.V. Ingole, Advocate for LRs of respondent No.1. Ms Prachi Joshi, AGP for respondent Nos. 8 and 9. ----------------------------------------------------------------------------------------- WITH FIRST APPEAL NO. 670 OF 2 022
1.	Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembla Canal Division, Yavatmal, Tq. And Dist. Yavatmal .... APPELLANTS
2.	The Executive Engineer, Bembla Project Yavatmal, Tq. And Dist. Yavatmal // V E R S U S //
1.	Sau. Indubai Prabhakar Gonde, Age: 48 years, Occ.: Agriculturist, R/o Gujari, Tq. Ralegaon, Dist. Yavatmal ... RESPONDENTS
2.	The State of Maharashtra, Represented by the Collector Yavatmal
3.	Special Land Acquisition Officer, Bembla Project Yavatmal, Tq. and Dist. Yavatmal
-----	----------------------------------------------------------------------------------------- Mr Mangesh Kadu, Advocate for the appellants. Mr S.V. Ingole, Advocate for the respondent No.1 Ms Prachi Joshi, AGP for respondent Nos. 2 and 3.
------	----------------------------------------------------------------------------------------- WITH FIRST APPEAL NO. 473 OF 2 023
1.	Vidarbha Irrigation Development Corporation, through its Executive Engineer, Irrigation .... APPELLANTS

¶19

59 fa 420.22. vidc land with conn. appeals - Copy.odt

¶20

¶21

Division, Bembla Project, Yavatmal, Tq. And Dist. Yavatmal 2. The Executive Engineer, Bembla Canal Division Yavatmal, through the Executive Director, V.I.D.C., Nagpur // V E R S U S // 1. Shri Subhash Narayan Sawarkar, ... RESPONDENTS Aged about- Major, Occ.: Agriculturist, R/o Gujari, Tq. Ralegaon, Dist. Yavatmal 2. The State of Maharashtra, through its Collector Yavatmal, Tq. and Dist. Yavatmal 3. The Special Land Acquisition Officer, Bembla Project Yavatmal, Yavatmal ---------------------------------------------------------------------------------------------Mr Mangesh Kadu, Advocate for the appellants. Mr. S.V. Ingole, Advocate for respondent No.1. Ms Mukta Kavimandan, AGP for respondent Nos. 2 and 3 ---------------------------------------------------------------------------------------------- WITH FIRST APPEAL NO.587 OF 2023 1. Vidarbha Irrigation Development Corporation, .... APPELLANTS through its Executive Engineer, Bembla Project, Yavatmal, Tq. And Dist. Yavatmal 2. The Executive Engineer, Bembla Project Yavatmal, Tq. And Dist. Yavatmal // V E R S U S // 1. Bhupesh Bhauraoji Warade ... RESPONDENTS Aged about : 55 years, Occ.: Agriculturist, R/o Gujari, Tq. Ralegaon, Dist. Yavatmal 2. The State of Maharashtra, through the Collector Yavatmal

¶22

59 fa 420.22. vidc land with conn. appeals - Copy.odt 4

¶23

3.	Special Land Acquisition Officer, Bembla Project Yavatmal, Tq. and Dist. Yavatmal
----- -----	----------------------------------------------------------------------------------------- Mr Mangesh Kadu, Advocate for the appellants. Mr S.V. Ingole, Advocate for the respondent No.1 Mr. S.V. Joshi, AGP for respondent Nos. 2 and 3 ------------------------------------------------------------------------------------------ WITH FIRST APPEAL NO. 913 OF 2 023
1.	Vidarbha Irrigation Development Corporation, through its Executive Engineer, Irrigation Division Bembla Project, Yavatmal, Tq. And Dist. Yavatmal .... APPELLANTS
2.	The Executive Engineer, Bembla Project Yavatmal, Tq. And Dist. Yavatmal // V E R S U S //
1.	Sau. Savita Arun Gonde, Age: 35 years, Occ.: Agriculturist, R/o Gujari, Tq. Ralegaon, Dist. Yavatmal ... RESPONDENTS
2.	The State of Maharashtra, Through Collector Yavatmal
3.	The Special Land Acquisition Officer, Bembla Project Yavatmal, Tq. and Dist. Yavatmal
-----	----------------------------------------------------------------------------------------- Mr Mangesh Kadu, Advocate for the appellants. Mr S.V. Ingole, Advocate for the respondent No.1 Ms Kavita Bhondge, AGP for respondent Nos. 2 and 3
-----	------------------------------------------------------------------------------------------ WITH FIRST APPEAL NO. 448 OF 2 024
1.	Vidarbha Irrigation Development Corporation, through its Executive Engineer, Irrigation Division and Bembla Canal Division, Yavatmal, .... APPELLANTS

¶24

59 fa 420.22. vidc land with conn. appeals - Copy.odt

¶25

¶26

Tq. And Dist. Yavatmal

¶27

1. The Executive Engineer, Bembla Project Yavatmal,

¶28

// V E R S U S //

¶29

Shri Khushal Tanba Waghade ... RESPONDENTS Aged: 50 years, Occ.: Agriculturist, R/o Gujari, Ralegaon, Tq. Ralegaon, Dist. Yavatmal

¶30

The State of Maharashtra, Through its Collector Yavatmal

¶31

The Special Land Acquisition Officer, Bembla Project Yavatmal, Tq. and Dist. Yavatmal

¶32

Mr Mangesh Kadu, Advocate for the appellants. Mr. S.V. Ingole, Advocate for respondent No.1. Ms Sonia Thakur, AGP for respondent Nos. 2 and 3

¶33

CORAM : G. A. SANAP, J. DATE : 09/05/2024

¶34

O R A L J U D G M E N T :

¶35

01] All the above appeals can be disposed of by a common judgment. In all these appeals, challenge is to the judgment and award passed by the Reference Court in different land references filed by the claimants/land owners. The Acquiring Body has filed these appeals contending that the

¶36

59 fa 420.22. vidc land with conn. appeals - Copy.odt 6

¶37

market price of the acquired land in each reference determined by the Reference Court was excessive and exorbitant.

¶38

02] The acquired lands in all these references are situated at village Gujari, Tahsil Ralegaon, District Yavatmal. The acquisition of the lands was for Bembla Project, Yavatmal. In First Appeal Nos.420/2022 and 670/2022 Section 4 Notification is dated 22.02.2007. In First Appeal Nos.473/2023, 448/2024 and 587/2023 section 4 notification is dated 26.07.2007 and in First Appeal No.913/2023 section 4 notification is dated 12.02.2007. Respondents-claimants, except the State and Special Land Acquisition Officer, in all these appeals are the owners of the lands subject matter of the references/appeals.

¶39

03] Respondents-claimants filed the references before the Collector stating that the compensation awarded in some

¶40

59 fa 420.22. vidc land with conn. appeals - Copy.odt 7

¶41

references @ of Rs.88,200/- and in some references @ Rs.82,400/- was not just, proper and reasonable. The Collector made over the references to the Civil Court. Learned Civil Judge, on consideration of the evidence on record, enhanced the compensation in all these references to Rs.4,20,000/- per

¶42

hectare. The Acquiring Body has challenged the judgments and awards in above appeals.

¶43

04] The acquiring body and the State opposed the references. They denied the material facts stated in the reference applications. The sum and substance of their reply was that the market price of the acquired lands determined by the SLAO was just, proper and reasonable.

¶44

05] Learned Advocates for the parties submit that these appeals are in respect of the acquisition of the lands of the respondents-claimants, who are residents of village Gujari Tq. Ralegaon, District Yavatmal. Learned Advocates submit that

¶45

59 fa 420.22. vidc land with conn. appeals - Copy.odt

¶46

lands in these appeals were acquired for Bembla Canal Project. Learned Advocates submit that these appeals are covered by the decision of this Court in First Appeal No.1235/2018 (V.I.D.C. through Executive Engineer Canal Division Bembla Project, Yavatmal and another Vs. Mangala Pramod Uttarwar) with connected matters decided on 07.05.2024.

¶47

06]. Learned Advocates submit that as far as the village Gujari is concerned, in First Appeal No.1235/2018 this Court has dismissed the appeals filed by the acquiring body and maintained the judgment and award passed by the Reference Court, whereby the compensation was enhanced to Rs.4,20,000/- (Rupees Four Lacs Twenty Thousand Only) per hectare in respect of the acquired lands. In all these appeals relying upon the evidence placed on record Reference Court has quantified the market price of the acquired lands at the rate of Rs.4,20,000/-.

¶48

59 fa 420.22. vidc land with conn. appeals - Copy.odt 9

¶49

07] On going through the record, I am satisfied that

¶50

the land of the respondents-claimants in these appeals are similarly situated in all respects with the lands in First Appeal No.1235/2018. I am satisfied that these appeals are covered by the decision rendered in First Appeal No.1235/2018. As such,

¶51

I do not see any substance in these appeals. These appeals are accordingly dismissed.

¶52

08] The Acquiring Body shall deposit the amount of compensation and other benefits within four months from the date of uploading of the judgment.

¶53

09] Liberty to the claimants to withdraw the amount as and when deposited, if it is not already deposited.

¶54

10] The first appeals stand disposed of. No order as to costs. Pending applications, if any, stand disposed of.

¶55

(G. A. SANAP, J.)

¶56

59 fa 420.22. vidc land with conn. appeals - Copy.odt

¶57

¶58

Manisha

¶59

Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 14/06/2024 11:46:16

V.I.D.C. Thr. Exe. Engineer, Irrigation Division and Bembla Canal Division, Yavatmal and Anr. v. Shri Khushal Tanba Waghade and Others

Case brief

What is this about?

What the court decided

V.I.D.C. Thr. Exe. Engineer, Irrigation Division and Bembla Canal Division, Yavatmal and Anr. v. Shri Khushal Tanba Waghade and Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Krushna S/O Sadashiv Katkadi and Others Vs Special Land Acquisition Officer, Kanholi Nala Project, Nagpur and Other

The Executive Engineer M.I.D.C. Mumbai through Branch Office Yavatmal Vs Kausbai W/O Madhukar Kasar and Others

V.I.D.C. Thr. Exe. Engineer, Bembla Project, Yavatmal and Another Vs Dnyaneshwar Pandurang Junghare (Dead) Thr. Lrs. Kumudini Dnyaneshwar Junghare and Others

The Executive Engineer, Upper Painganga Project Division, Umarkhed, Yavatmal vs Dipak Gangadhar Alkatwar and Others

Chandrabhagabai Bhanudas Kute and Others Vs Ramkrishna Kundalik Kute and Others

V.I.D.C. Thr. Exe. Engineer, Irrigation Division and Bembla Canal Division, Yavatmal and Anr. Vs Shri Khushal Tanba Waghade and Others