Vidarbha Irrigation Development Corporation vs Gajanan Bondre, The State of Maharashtra and The Special Land Acquisition Officer

R.M. Savant, J.—Heard finally by the consent of the parties.

The above first appeal arises out of the award of the reference Court dated 13/11/2009. By the said award the reference Court enhanced the compensation ranging from Rs. 1,24,000/ to 2 Rs. 1,64,000/ per hectare.

The land in question was acquired for the project known as Khadakpurna Irrigation Project. The land in the instant appeal is to the extent of 0.18 Hectors bearing Gat No. 296 and 3.08 hectors of Gat No. 206 of village Mehuna Raja, Tq. Deulgaon Raja, Dist. Buldhana which was acquired. The notification u/s 4 of the Land Acquisition Act was issued on 24/10/2001 and after following the the procedure mentioned in the said Act, the award came to be declared on 15/6/2005 by the Special Land Acquisition Officer granting the compensation of Rs. 69,150/ and Rs. 83,237/ per hector respectively in respect of the aforesaid lands in question. Being dissatisfied by the said compensation awarded to them the claimants i.e. Respondents herein made an application for reference u/s 18 of the Land Acquisition Act claiming an amount of Rs.4,50,000/ per hector. The reference Court by the impugned award dated 13/11/2009 has awarded compensation at the rate of Rs.1,24,000/ and Rs. 1,64,000/ per hector.

During the course of hearing of the above appeal the learned Counsel for the Appellant drew my attention to the judgment of a learned single Judge of this Court reported in 3 Deulgaon Raja v. Kamlaji Balaji Jadhao and others). By the said judgment a group of appeals involving the acquisition for the same public purpose and lands covered by the same Section 4 notification were decided. The said appeals were partly allowed and the award passed by the reference Court in the said cases were modified. It was held that the claimants would be entitled to compensation of Rs.1,00,000/ per hector with attendant statutory benefits under the said Act. The learned Counsel appearing for the claimants Shri Kalwaghe does not dispute the applicability of the said judgment and in fact fairly states that the matter would be covered by the said judgment. In my view, therefore, the above First Appeal would have to be partly allowed and resultantly the claimants i.e. Respondents herein would be entitled to enhanced compensation at the rate of Rs.1,00,000/ per hectare with attendant statutory benefits. The award of the reference Court to stand modified accordingly. Decree be drawn up accordingly. No order as to costs. First appeal is accordingly disposed of.