Vidarbha Irrigation Development Corporation through its Executive Engineer vs Kunal Hansraj Pise, & Ors.

This appeal is preferred challenging the judgment and award dated 31.12.2005 passed by 3rd Adhoc Additional District Judge, Yavatmal, thereby granting additional compensation of Rs.73,366/to respondent No.1the claimant.

Brief facts of the appeal can be stated as follows: By virtue of Notification issued under Section 4 of the Land Acquisition Act on 04.02.1999, the plot bearing No.160 of village Dighi, along with the construction thereon, came to be acquired for the purpose of Bembla Project. The Land Acquisition Officer, vide his award dated 10.04.2002, granted compensation at the rate of Rs.75/per sq. mtr. for the open land and Rs.1236/per sq. mtr. for the constructed area of 132.30 sq. mtr. Therefore, the total compensation awarded by the Special Land Acquisition Officer was of Rs.1,76,634/.

Being not satisfied with the said amount of compensation, respondent No.1 approached the Reference Court by his petition under Section 18 of the Land Acquisition Act, contending inter alia that having regard to the prevailing market price and also the quality of construction, he was entitled to Rs.300/per sq. mtr. for constructed house, which comes to Rs.3,96,900/as total amount of compensation.

The claim petition was resisted by the appellant submitting that the S.L.A.O. has properly assessed the market value of the acquired property, after taking into consideration the sale instances of the surrounding plots and structures and hence no interference was warranted therein.

On these respective pleadings of the parties, the Reference Court framed necessary issues for its determination at Exh.17. In support of his case, respondent No.1 examined himself and adduced the evidence of the expert valuer Shri V.S.Umbarkar.

On appreciation of this evidence, the learned Reference Court was pleased to enhance the compensation amount to Rs.2,50,000/and thus granted additional compensation of Rs.78,366/.

This judgment of the Reference Court is challenged in the present appeal by learned counsel for appellant submitting that, without properly bifurcating the market value of the open land and the constructed structure thereon, the Reference Court has awarded the lumpsum amount of Rs.2,50,000/and it is done without there being any evidence adduced on record; therefore, the impugned judgment and order of the Reference Court needs to be quashed and set aside.

When the appeal came up for hearing, it was noticed that it is already dismissed for default against the respondent No.1 as per the order passed by this Court on 27.08.2007. Learned counsel for appellant therefore, sought time to set aside the order of dismissal. However, I am not inclined to adopt this recourse for two reasons, the first being, already the order of dismissal of appeal for default is passed against the respondent No.1 about 10 years back, and therefore, such prolong and inordinate delay cannot be explained by the appellant on satisfactory cause.

Secondly and most importantly, I find that even on merit, the appeal needs to be dismissed, because the matter involved in the present appeal is already decided by this Court. In respect of the open plots at village Dighi, this Court has, in First Appeal No.487/2006 vide its judgment dated 12 & 13th October, 2010 fixed the market price at the rate of Rs.500/per sq. mtr. In the present case also, the open plot is situated at village Dighi and it is acquired under the same Notification and also under the same award.

Moreover, it is submitted at bar by learned counsel for appellant Shri A.B. Patil, that the appellant V.I.D.C. has also settled the matters in respect of the claim of the plot holders at Dighi about constructed portion by granting enhancement of 25% in the compensation awarded by S.L.A.O. for constructed area and Rs.500/per sq. mtr. for the open plot.

Thus, it can be seen that in respect of the open plot of the respondent No.1, which was admeasuring 175.56 sq. mtr. at the rate of Rs.500/per sq. mtr. compensation amount comes to Rs.87,750/. Similarly, at the rate of Rs.1426/per sq. mtr. for constructed area the compensation comes to Rs.1,62,250/. Therefore, the total compensation amount, which can be worked as per the decision given in First Appeal No.487/2006 by this Court and as per the matters settled by the appellantCorporation with the claimants at Dighi in respect of the constructed portion, is more than the one awarded by the Reference Court. Hence appeal holds no merits. Therefore, the appeal stands dismissed with no order as to costs.