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Judgment
Heard. Admit. Heard finally with the consent of the learned
Counsel appearing on behalf of the respective parties.
In the instant case, the land belonging to the appellants in
village Dighi, Taluka Babhulgaon, District Yavatmal in Gat No. 104
admeasuring 4.79 Hrs was acquired by the respondents for the Bembla
Project. The notification under Section 4 of the Land Acquisition Act, 1894,
was issued on 14.08.2003 and the award was passed by the Land
Acquisition Officer on 31.05.2005 granting compensation at Rs.76,568/-
per hectare. Upon the appellants preferring a reference application under
Section 18 of the said Act, the reference Court enhanced the compensation
to Rs.1,70,000/- per hectare. It is against the said order that the appellants
have filed this appeal claiming further enhancement of compensation.
Shri Nakshane, learned Counsel for the appellants points out
that this Court in First Appeal No. 3 of 2017, concerning acquisition
proceedings arising out of the same notification, has granted enhanced
compensation at the rate of Rs.2,10,000/- per hectare. The judgment and
order dated 2.12.2017 in the said First Appeal No. 3 of 2017 is placed on
record.
The learned Counsel for the respondents do not dispute this
position. Therefore, this appeal is partly allowed in terms of the aforesaid
judgment and order dated 21.12.2017 passed in First Appeal No. 3 of 2017
and it is held that the appellants are entitled to increased compensation at
the rate of Rs.2,10,000/- per hectare. It is further noted that by order dated
19.09.2017, while allowing the application for condonation of delay, it was
directed that the delay application was being allowed on the condition that
the appellants shall not claim any interest for the delayed period on
enhanced compensation i.e. from 16.07.2011 to 19.09.2017. Therefore,
although the appellants shall be entitled to compensation at the enhanced
rate as aforesaid, there shall not be any interest payable on the enhanced
amount for the period from 16.07.2011 to 19.09.2017. It goes without
saying that the enhanced compensation shall be given to the appellants
along with statutory benefits.
The appeal stands disposed of in aforesaid terms.