2019 NearLaw (BombayHC Nagpur) Online 1602
Bombay High Court

JUSTICE M. G. GIRATKAR

Ashok Devidas Pendase & Ors. Vs. State of Maharashtra & Ors.

FIRST APPEAL NO. 778 OF 2009

10th July 2019

Petitioner Counsel: Shri L. H. Kothari Shri Sharad Thakre Shri M. M. Agnihotri
Respondent Counsel: Ms. Shamsi Haider
Act Name:

Land of Ashok Pendse and others, (appellants in First Appeal No 778/2009) Survey No 4/1 admeasuring 1.66 HR situated at Mouza Bhuyar, Tah.
and District Yavatmal is acquired for MIDC The Land Acquisition Officer awarded compensation at the rate of Rs 52,755/- per hectare for 0.49 HR land and at the rate of Rs 15000/- per hectare for 1.17 HR land which was Pot Kharab land.
The land owners filed reference/LAC No 105/1999 before the Civil Judge Senior Division, Yavatmal.
Reference Court partly allowed the reference and granted compensation at the rate of Rs 1,65,000/- per hectare for 0.49 HR cultivable land and at the rate of Rs 82,500/- per hectare for 1.17 HR Pot Kharab land of Gat No 4/1 situated at Village, Bhuyar.
During the pendency of both the appeals, this Court has decided bunch of appeals with First Appeal No 56/2006 by common judgment dated 24-4-2018.
One of the land owners of Survey No 4/4 granted compensation by this Court at the rate of Rs 1,80,000/- per hectare for cultivable land and Rs 90,000/- per hectare for Pot Kharab land (uncultivated land).
There is no dispute that land of appellant Shri Ashok Pendse was in same Gat No 4.
The land Original Survey/Gat number 4 was whole field which was divided in separate portions and, therefore, separate Gat/Survey numbers are given.
Therefore, land of the appellant Shri Ashok Pendse is of the same Survey/Gat No 4, therefore, he is entitled for compensation at the rate given for Survey No 4/4 of same village.
There is no dispute about the rates given by this Court to the land owner of Village Bhuyar.
MIDC challenged the judgment of reference Court contending that excessive rates are given to the land of respondents/land owners.
In view of the judgment of this Court in First Appeal No 56/2006 and other connected matters, appeal filed by MIDC is liable to be dismissed and appeal filed by Shri Ashok Pendse and others is liable to be partly allowed.
In that view of the matter, First Appeal No 41/2012 is hereby dismissed with no order as to costs.
Judgment of reference Court in LAC No 105/1999 is modified as under :-
The respondents shall pay compensation at the rate of Rs 1,80,000/- per hectare for 0.49 HR cultivable land and Rs 90,000/- per hectare for 1.17 HR Pot Kharab land to the land owners/appellants (Shri Ashok Devidas Pendse and others) for Gat No 4/1 situated at Village Bhuyar, Taluka and District Yavatmal along with interest and all statutory benefits.
Acquiring body i.e. Maharashtra Industrial Development Corporation is directed to deposit the balance amount before this Court within a period of three months.
The appeals are disposed of in above terms.

Section :

Cases Cited :

JUDGEMENT

Both appeals are arising out of the judgment passed by the reference Court in L.A.C. No. 105/1999 by Civil Judge Senior Division, Yavatmal dated 14-8-2008. Land of Ashok Pendse and others, (appellants in First Appeal No. 778/2009) Survey No. 4/1 admeasuring 1.66 H.R. situated at Mouza Bhuyar, Tah. and District Yavatmal is acquired for M.I.D.C. The Land Acquisition Officer awarded compensation at the rate of Rs. 52,755/- per hectare for 0.49 H.R. land and at the rate of Rs. 15000/- per hectare for 1.17 H.R. land which was Pot Kharab land. The land owners filed reference/L.A.C. No. 105/1999 before the Civil Judge Senior Division, Yavatmal. Reference Court partly allowed the reference and granted compensation at the rate of Rs. 1,65,000/- per hectare for 0.49 H.R. cultivable land and at the rate of Rs. 82,500/- per hectare for 1.17 H.R. Pot Kharab land of Gat No. 4/1 situated at Village, Bhuyar.

2. During the pendency of both the appeals, this Court has decided bunch of appeals with First Appeal No. 56/2006 by common judgment dated 24-4-2018. One of the land owners of Survey No. 4/4 granted compensation by this Court at the rate of Rs. 1,80,000/- per hectare for cultivable land and Rs. 90,000/- per hectare for Pot Kharab land (uncultivated land). There is no dispute that land of appellant Shri Ashok Pendse was in same Gat No. 4. The land Original Survey/Gat number 4 was whole field which was divided in separate portions and, therefore, separate Gat/Survey numbers are given. Therefore, land of the appellant Shri Ashok Pendse is of the same Survey/Gat No. 4, therefore, he is entitled for compensation at the rate given for Survey No. 4/4 of same village. There is no dispute about the rates given by this Court to the land owner of Village Bhuyar.

3. M.I.D.C. challenged the judgment of reference Court contending that excessive rates are given to the land of respondents/land owners. In view of the judgment of this Court in First Appeal No. 56/2006 and other connected matters, appeal filed by M.I.D.C. is liable to be dismissed and appeal filed by Shri Ashok Pendse and others is liable to be partly allowed. In that view of the matter, First Appeal No. 41/2012 is hereby dismissed with no order as to costs.

4. First Appeal No. 778/2009 is partly allowed.

5. Judgment of reference Court in L.A.C. No. 105/1999 is modified as under :-
“The respondents shall pay compensation at the rate of Rs. 1,80,000/- per hectare for 0.49 H.R. cultivable land and Rs. 90,000/- per hectare for 1.17 H.R. Pot Kharab land to the land owners/appellants (Shri Ashok Devidas Pendse and others) for Gat No. 4/1 situated at Village Bhuyar, Taluka and District Yavatmal along with interest and all statutory benefits.
Remaining part of the operative order is maintained as it is.”

6. Acquiring body i.e. Maharashtra Industrial Development Corporation is directed to deposit the balance amount before this Court within a period of three months.

7. The appeals are disposed of in above terms.