FIRST APPEAL NO. 320 OF 2019

12th March 2020

Petitioner Counsel: Shri Abhijit Parihar
Respondent Counsel: Shri A.B. Nakshane Mrs. A.R. Kulkarni
Act Name: Land Acquisition Act, 1894

Section :
Section 4 Land Acquisition Act, 1894

Cases Cited :

JUDGEMENT

Heard.

2. Cross-objection is admitted.

3. With the consent of the learned Advocates appearing for the parties heard finally.

4. This appeal and cross-objection are against the judgment of Civil Judge Senior Division, Darwha, District - Yavatmal (for short the “Reference Court”) in L.A.C. No. 228/2005.

5. The facts of the present appeal can be summarized as under:
Agricultural land of respondent no. 1 bearing Gat No. 162 area admeasuring 1.68 H.R. situated at village Sindkhed, Tahsil Ner, District- Yavatmal was acquired for Kumbharpind Project. Notification under Section 4 of the Land Acquisition Act was published on 03.08.2000. The Special Land Acquisition Officer passed an award on 29.07.2003 and granted total compensation of Rs.1,25,633/-.
Respondent no. 1 filed reference before the Reference Court. The Reference Court partly allowed the reference and granted compensation at the rate of Rs.1,80,000/- per hectare for irrigated land and Rs.1,25,000/- per hectare for dry crop land and Rs.62,500/- per hectare for pot kharab land. The Reference Court also granted compensation at the rate of Rs.3500/- per orange tree (for 2 big orange trees) and at the rate of Rs.1500/- per orange tree (for 55 small orange trees). Hence, this appeal by V.I.D.C. Respondent no. 1 filed crossobjection and prayed for enhancement of compensation.

6. Heard Shri Parihar, learned Advocate for the appellants, Shri Nakshane, learned Advocate for respondent no. 1/cross-objector and Mrs. Kulkarni, learned AGP for respondent nos. 2 and 3.

7. Shri Nakshane, learned Advocate for respondent no. 1 has pointed out judgment of this Court in First Appeal No. 851/2018 with Cross-objection No. 07/2020. This Court relying on the judgment in First Appeal No. 1408/2017 decided on 05.02.2020 maintained the compensation at the rate of Rs.1,80,000/- per hectare for irrigated land and Rs.1,25,000/- per hectare for dry crop land and also granted compensation at the rate of Rs.5,000/- per orange tree (for fruit bearing trees) and Rs.3500/- per orange tree (for small orange trees).

8. In view of the judgment of this Court in First Appeal No. 851/2018 with Cross-objection No.7/2020, the appeal is dismissed.

9. In respect of cross-objection, the Reference Court has granted compensation at the rate of Rs.1,80,000/- per hectare for irrigated land and Rs.1,25,000/- per hectare for dry crop land and Rs.62,500/- per hectare for pot kharab land. This Court in First Appeal No. 851/2018 with Cross-objection No. 7/2020 confirmed the judgment of the Reference Court and granted compensation at the rate of Rs.1,80,000/- per hectare for irrigated land and Rs.1,25,000/- per hectare for dry crop land. The agricultural land with fruit bearing trees were acquired in the cited decision was situated at village Sindkhed, were acquired for Kumbharpind Project. Agricultural land of respondent no. 1 was situated at village Sindkhed and was acquired for the same project, by same Notification. Therefore, in view of the judgment of this Court in First Appeal No. 851/2018 with Cross-objection No. 07/2020, respondent no. 1 is entitled for compensation at the rate of Rs.5,000/- per orange tree (for 2 fruit bearing trees) and at the rate of Rs.3,500/- per orange tree (for 55 small orange trees). In the impugned judgment, the Reference Court has granted compensation at the rate of Rs.3,500/- per orange tree (for fruit bearing trees) and at the rate of Rs.1,500/- per orange tree (for small orange trees).

10. In that view of the matter, following order is passed:
(i) Appeal is dismissed.
(ii) Cross-objection is partly allowed.
(iii) Appellants/V.I.D.C. are directed to pay compensation at the rate of Rs.5,000/- per orange tree [for 2 fruit bearing trees (5000 x 2 = 10,000)] and at the rate of Rs.3,500/- per orange tree [for 55 small orange trees (3500 x 55 = 1,92,500)].
(iv) The appellants are directed to deposit balance amount of compensation, after calculation, within a period of two months.
Accordingly, appeal and cross-objection are disposed of with no order as to costs.

CIVIL APPLICATION (CAF) NO. 1558 OF 2019

Respondent no. 1 is permitted to withdraw amount of compensation alongwith accrued interest deposited before this Court.

Accordingly, application is disposed of.