Bombay High Court
The Executive Engineer, Bembla Project ... vs Ratnakala Pralhadrao Bhange And 2 ... on 11 March, 2016
Author: R.K. Deshpande
Bench: R.K. Deshpande
fast8021.15.J.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL STAMP NO.8021 OF 2015
The Executive Engineer,
Bembla Project Division,
(Vidarbha Irrigation Development
Corporation), Yavatmal. ....... APPELLANT
...V E R S U S...
1] Ratnakala Pralhadrao Bhange,
Aged about 59 yrs., R/o Dabha,
Tq. Babhulgaon, Dist. Yavatmal.
2] State of Maharashtra through
Collector, Yavatmal.
3] Special Land Acquisition Officer,
Minor Irrigation Works No.1,
Yavatmal. ....... RESPONDENTS
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Shri S.S. Godbole, Advocate for Appellant.
Shri A.B. Nakshane, Advocate for Respondent No.1
Ns. N.P. Mehta, A.G.P. for Respondent Nos.2 & 3.
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CORAM: R.K. DESHPANDE, J.
th MARCH, 2016.
DATE: 11
ORAL JUDGMENT
1] Admit.
2] By consent of the learned counsels appearing for the parties
the matter is taken up for final hearing, as it seems that it is covered by the decision of this Court rendered in First appeal No.479 of 2007 ::: Uploaded on - 16/03/2016 ::: Downloaded on - 31/07/2016 08:32:40 ::: fast8021.15.J.odt 2/3 Smt. Kamlabai Rambhau Thakre and others v. The State of Maharashtra and others along with connected matters on 18.01.2013.
3] In First Appeal No.479 of 2007 this Court has held that the claimants are entitled to compensation at the rate of Rs.1,37,000/- per hectare. The present appeal arises out of the same notification and the same award. The learned counsels agree that the compensation at the rate of Rs.1,37,000/- per hectare with all statutory benefits can be made available to the present respondent No.1 - claimant in the present case in terms of the decision of this Court. Hence, the same is accepted.
The learned counsels appearing for the parties further do not dispute that the respondent No.1 - claimant would be entitled to separate compensation awarded for the trees by the Reference Court in the judgment and order impugned in this first appeal. Undisputedly, the claimants would be entitled to all statutory benefits to be calculated in the eyes of law.
4] In view of above, the judgment and order dated 24.04.2013 passed by the Reference Court in Land Acquisition Case No.72 of 2007 is modified as under:
The claimant shall be entitled to compensation at the rate of Rs.1,37,000/- per hectare for the land acquired, and the compensation at ::: Uploaded on - 16/03/2016 ::: Downloaded on - 31/07/2016 08:32:40 ::: fast8021.15.J.odt 3/3 the rate of Rs.10,000/- for one Mango tree, at the rate of Rs.3500/- per tree for 850 Sweet Lime trees, and 202 Orange trees at the same rate.
The claimant shall be entitled to all statutory benefits including the solatium and the interest etc. as are admissible and the amount be calculated. If the claimant has already received any amount of compensation, the same shall be deducted from the total amount in terms of the decision. The amount be paid to the claimant within a period of twelve weeks from today. No costs.
JUDGE NSN ::: Uploaded on - 16/03/2016 ::: Downloaded on - 31/07/2016 08:32:40 :::