Cross Objection No. 2 of 2018

6th February 2020

Petitioner Counsel: Shri A. B. Nakshane
Respondent Counsel: Shri M. A. Kadu Shri H. R. Dhumale
Act Name: Land Acquisition Act, 1894

Section :
Section 4 Land Acquisition Act, 1894

Cases Cited :

JUDGEMENT

1. Heard learned Advocate Shri Nakshane for the cross objector. He has submitted that the land of cross objector Gat No. 36 admeasuring 1.83 HR and Gat No. 13 admeasuring 1.66 HR situated at Village, Dighi, Tq. Babhulgaon, District Yavatmal were acquired for Bembla Project. Notification under Section 4 was published on 14-8-2003. Land Acquisition Officer (L.A.O.) passed award on 31-5-2005 and granted compensation of Rs. 77,107/- for Gat No. 36 and Rs. 76,972/- for Gat No. 13. The cross objector filed reference before the Court vide L.A.C. No. 115/2011. Reference Court has partly allowed the reference and granted compensation at the rate of Rs. 1,75,000/- per hector for 0.83 HR (Gat No. 36) and Rs. 2,62,500/- per hector for 1.00 HR (Gat No. 36) and 1.66 HR (Gat No. 13).

2. Vidarbha Irrigation Development Corporation (VIDC) filed appeal against the impugned judgment. During the pendency of appeal, the respondent no. 1/cross objector filed this cross objection. The appeal was withdrawn by VIDC.

3. Heard learned Advocate Shri Nakshane for the cross objector. He has pointed out judgment of this Court in First Appeal St. No. 20336/2016 dated 28-2-2017 and submitted that this Court has granted compensation at the rate of Rs. 2,10,000/- per hectare for dry crop land. Learned Advocate Shri Kadu has not disputed the same.

4. In the impugned judgment, the reference Court has held that the lands of the cross objector i.e. 1 Hectare of Gat No. 36 was seasonally irrigated land and 0.83 HR was irrigated land. In First Appeal St. No. 20336/2016, the acquired land was situated at Village, Dighi. Acquired land of cross objector was also situated at Village, Dighi. Those lands were acquired for Bembla Project. Therefore, cross objector is entitled for the same compensation as granted in First Appeal St. No. 20336/2016. This Court has granted compensation at the rate of Rs. 2,10,000/- per hectare for dry crop land. The land of cross objector 0.83 HR of Gat No. 36 was dry crop land and 1 HR of Gat No. 36 was seasonally irrigated land. Land under Gat No. 13 was seasonally irrigated land. According to Advocate Shri Nakshane, cross objector is entitled for compensation of Rs. 3,15,000/- per Hectare for seasonally irrigated land. In that view of the matter, the cross objection is allowed.

5. The respondents i.e. V.I.D.C. and State Government are directed to pay compensation at the rate of Rs. 2,10,000/- per hectare for dry crop land area 0.83 HR of Gat No. 36.

6. The respondents are directed to pay compensation at the rate of Rs. 3,15,000/- per Hectare for Gat No. 36, area 1.00 Hectare.

7. The respondents are directed to pay compensation at the rate of Rs. 3,15,000/- for acquired land of Gat No. 13 area 1.66 Hectare situated at Village Dighi, Taluka Babhulgaon, District, Yavatmal.

8. Remaining part of the impugned judgment in respect of interest etc. is maintained as it is.

9. The cross objection is disposed of in above terms.