CourtKutchehry.com
High CourtsSingle Bench

Vidarbha Irrigation Development Corporation vs Wasudeo Nathu Dane

Bombay High Court · Decided on 1 December 2022 · Citation: (2022) 12 BOM CK 0018

HON’BLE JUDGES
Avinash G Gharote, J
RESULT
Partly Allowed
CASE NUMBER
First Appeal No.182 Of 2016
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

20 paragraphs · 331 words

Avinash G Gharote, J

1.

Heard Mr. Patil, learned Counsel for the appellant, Mr. Nakshane, learned Counsel for respondent nos. 1(i) to (iv) and Mrs. S.S. Jachak, learned AGP for respondent nos. 2 and 3.

2.

The factual position in the present appeal is as under –

Date of Notification under Section 4 of the Land Acquisition Act

11-05-2000

Property details

Area of property

LAO Award dated 17-10-2003

Ref. Court Award Dated 21-04-2009

Plot No.-891 Village- Pahur Tahsil -Babhulgaon Dist- Yavatmal.

Plot Area -108 Sq.mtr

Rs.80/- P/sq.mtr

Rs.1022/- P/sq. mtr.

Constructed area108 q.mtr.

Rs.1008/- P/sq.mtr.

Rs.1900/- P/sq. mtr

3.

The appeal challenges the judgment of the Reference Court dated 21-04-2009, whereby the learned Reference Court has enhanced the compensation for the open plot to Rs.1022/-per sq.mtr and has granted compensation for the constructed area at the rate of Rs.1900/- per sq.mtr. in respect of plot no. 891, as detailed above.

4.

In F.A. No.888/2013 (VIDC Vs. Shantabai w/o Suryabhan Jirapure and others) decided on 09-09-2019, this Court has grated a rate of Rs.750/- per sq.mtr. for the open plot and Rs.2150/- per sq.mtr. for the construction in village Pahur, which is acceptable to Mr. Nakshane, learned Counsel for the respondent nos.1(i) to (iv), considering which, the impugned judgment under reference needs to be modified in that regard, since there is neither an appeal nor any cross objection filed by the respondent nos.1(i) to (iv).

5.

Insofar as the compensation awarded for the construction is concerned, since it is less than what has been awarded in Shantabai Jirapure and others (supra), it requires no interference as nothing has been brought on record from the evidence and documents on record for me to take a different view.

6.

The appeal is accordingly partly allowed. The judgment of the learned Reference Court, is hereby modified by reducing the rate for plot which has been awarded at Rs.1022/- per sq.mtr to Rs. 750/- per sq.mtr. Rest of the judgment of the Reference Court is maintained.