Bombay High Court
Sahebrao Champatrao Choudhary (Dead) ... vs The State Of Maharashtra Through Its ... on 31 January, 2020
Equivalent citations: AIRONLINE 2020 BOM 1762
Author: M. G. Giratkar
Bench: M. G. Giratkar
fa 30.2020 judgment.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
FIRST APPEAL NO. 30 OF 2020
1. Sahebrao Champatrao Choudhary,
Aged 65 years, R/o Dighi,
Tah. Babhulgaon, Dist. Yavatmal,
1-a. Smt. Ashatai Wd/o Sahebrao
Choudhary, Aged 60 years,
Occu. Housewife,
1-b. Rahul S/o Sahebrao Choudhary,
Aged 40 years, Occu. Nil,
1-c. Sau. Sheetal W/o Nileshrao Tidke,
(Daughter), Aged 35 years,
All R/o at Dighi, Tah. Babhulgaon,
District Yavatmal. ..... Appellants
.....Vs.....
1. The State of Maharashtra,
through its Collector, Yavatmal,
Aged Major, Occu. Owner,
R/o 7/649, Vengkkal House,
Pulpally, Post Wayanad (Kerala)
2. Special Land Acquisition Officer,
Bembla Project, Yavatmal,
3. The Executive Engineer,
Bembla Project, Yevatmal. ..... Respondents
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Shri M.V. Bute, Advocate for the appellants,
Shri N.S. Rao, AGP for respondent nos. 1 & 2
Shri M.A. Kadu, Advocate for respondent no.3
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fa 30.2020 judgment.odt
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CORAM : M. G. GIRATKAR, J.
Date : 31/01/2020
ORAL JUDGMENT
This appeal is filed against the judgment of Reference Court in LAC No.418/2003.
2. Plot No.151, admeasuring about 57.15 Sq. meters with construction 48.75 Sq. meters owned by appellant were acquired by the respondents for Bembla Project. The Land Acquisition Officer granted compensation of Rs.54,764/- to the appellants. The Reference Court has partly allowed the reference and granted additional compensation of Rs.29,700/-. Hence this appeal by the affected owner of the property.
3. Heard learned Advocate Shri M.V. Bute for the appellants. He has pointed out the judgment of this Court in First Appeal No.61/2020. Learned Advocate Shri M.A. Kadu for respondent no.3 and learned AGP Shri Dhumale for respondent nos. 1 & 2 have supported the impugned judgment. This Court has granted compensation at the rate of Rs.500/- per sq. meter for open plot and 25% increase on the amount of construction granted by LAO.
4. In Appeal No.61/2020 plot and house property were situated at village Dighi. In the present appeal house property and plot were situated at village Dighi. Both properties were acquired for the same project i.e. Bembla ::: Uploaded on - 05/02/2020 ::: Downloaded on - 21/03/2020 23:46:44 ::: fa 30.2020 judgment.odt 3 Project, therefore, appellant is entitled for the compensation at the rate of Rs.500/- per sq. meter for open plot and 25% increase on the amount of construction granted by the LAO.
5. Appeal is partly allowed. In that view of the matter, the respondents are directed to pay compensation at the rate of Rs.500/- per sq. meter for open plot admeasuring 57.15 sq. meters and 25% increase for the constructed area about 48.74 sq. meters on the amount granted by the Land Acquisition Officer. Appellants are entitled for all benefits under the Land Acquisition Act except the delayed period of 1110 days.
JUDGE C.R. Khobragade ::: Uploaded on - 05/02/2020 ::: Downloaded on - 21/03/2020 23:46:44 :::