FIRST APPEAL NO. 479 OF 2015

9th July 2019

Petitioner Counsel: Shri K. S. Narwade
Respondent Counsel: Ms M. S. Naik Shri M. A. Kadu
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JUDGEMENT

The present appeal is against the impugned judgment and award dated 04/01/2013 passed in L.A.C. No. 451 of 2002. The land owners challenged the award passed by Land Acquisition Officer, Yavatmal. The Land Acquisition Officer granted compensation at the rate of rupees Twenty Thousands per hectare. In land acquisition case, Reference Court has granted compensation for the acquired land at the rate of rupees Forty Thousand per hectare for the land situated at village Kurali.

2. Heard learned Advocate Shri K.S. Narwade for appellants, learned A.G.P. Ms Naik for respondent Nos. 1 & 3 and learned Advocate Shri. M. A. Kadu for respondent no. 2.

3. Learned Advocate Shri K.S. Narwade has pointed out the judgment of this Court in First Appeal No.1110 of 2008 with other connected appeals, dated 05/07/2017 of the land owners of Ghamapur having their land situated in the jurisdiction of Ghamapur, where this Court has granted compensation, looking to the compensation granted to the land owners of village Kurali at the rate of rupees Eighty Three Thousand per hectare. The village Kurali and Ghamapur are adjacent to each other. The appellants/land owners lost their land admeasuring about 0.71 hectare in the Government Project. This Court in above mentioned appeal in paragraphs 13 and 14 has observed as under :
“(13) In these appeals learned counsel for appellants has placed reliance on the judgment of the Reference Court in Land Acquisition Case No. 94/2004 dated 13.04.2016. It is in respect of the land bearing Survey No. 65 situated at village Kurali. The Reference Court has in the said judgment awarded the compensation at the rate of Rs.83,000/- per hectare. According to learned counsel for appellants, the respondent had not preferred any appeal against the said judgment, and therefore that judgment has attained finality.
(14) It is not disputed that the village Kurali and Ghamapur are situated adjacent to each other and the land covered in Land Acquisition Case No. 94/2004 was also acquired for the same project. In view thereof, in my considered opinion, the appellants also become entitled to get the same rate of compensation that of Rs.83,000/- per hectare.”

4. The Reference Court in Land Acquisition Case No.94 of 2004 by Judgment dated 13/04/2016 awarded compensation at the rate of rupees Eighty Three Thousands per hectare for the acquisition of land Survey No. 65 situated at village Kurali. The land of appellants i.e. Survey No. 9, Area 0.71 hectare situated at village Kurali, is acquired by the Government of Maharashtra for Amdapur Irrigation Project. It is clear from the judgment of this Court that, Reference Court granted compensation at the rate of rupees Eighty Three Thousands to one of the land owners of village Kurali. Therefore, appellants who were having their land at Kurali are entitled for the same benefits.

5. There is no dispute about the preposition laid down in the judgment in First Appeal No. 1110 of 2008 and other connected appeals.
In that view of the matter, appeal is partly allowed. Impugned judgment is hereby quashed and set aside. The appellant is not entitled for interest for the period from 04/01/2013 to 19/03/2015 as per order dated 19/03/2015. The respondents are directed to pay compensation for the acquired land of Survey No. 9, Area 0.71 hectare situated at village Kurali, at the rate of rupees Eighty Three Thousand per hectare to the land owners/appellants along with interest and other statutory benefits.
Appeal is disposed of accordingly.