Vidarbha Irrigation Development Corporation, Through Executive Engineer, Minor Irrigation Division No.2, Chikhali vs Kamalbai Dagdu Ghadyale, Aged Adult, Occ: Agriculture, R/O Warkhed, Tq Chikhali, District Buldana And Others

Sushil M. Ghodeswar, J

With consent of the learned counsel for the parties, the appeal is taken up for final disposal.

The appellant-Vidarbha Irrigation Development Corporation (for short, 'the appellant-Corporation') has preferred the instant appeal challenging the judgment and award dated 27.09.2010 passed by the Joint Civil Judge (Senior Division), Buldana in Land Acquisition Reference no.344 of 2000.

The land in question is situated at Gat no.31/3, admeasuring 1 Hectare 21 Are at Mouza Sawangi Gawali, Taluka Chikhali, District Buldana which came to be acquired for Pentakli project by the Special Land Acquisition Officer, Buldana. The award was passed by the Special Land Acquisition Officer on 26.12.1999 and compensation was awarded at the rate of Rs.60,016/- per Hectare. Being aggrieved by the said award, the respondent no.1-claimant had filed reference under Section 18 of the Land Acquisition Act, 1984 for grant of enhanced compensation before the Joint Civil Judge (Senior Division), Buldana which came to be registered as Land Acquisition Reference No.344 of 2000. Vide judgment and award dated 27.09.2010, the reference Court enhanced the compensation and determined the value of the land at Rs.99,000/- per Hectare.

Both the learned counsel for the parties fairly concede that the Government Resolution dated 03.11.2016 and corrigendum dated 23.02.2017 prescribed that the State Government should not institute appeals where the compensation awarded by the reference Court is less than four times the ready reckoner rate prevalent at the time of issuance of Section 4 notification, insofar as the lands situated in the rural areas are concerned. In this case, it is apparent on the face of record that the compensation awarded by the reference Court is well within the limit prescribed by the aforesaid Government Resolutions. Taking into consideration the aforesaid aspect, the instant appeal can be disposed of.

Accordingly, since it is found that the rate determined by the reference Court is less than four times the ready reckoner rate prevalent at the time of issuance of Section 4 notification, the instant appeal stands dismissed and the award passed by the reference Court remains undisturbed. In the facts of the case, there shall be no order as to costs.