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Judgment
Heard Mr. Sambre, learned counsel for the appellant, Mr. Balpande, learned A.G.P. for respondent nos. 1 and 2 and Mr.Agnihotri, learned counsel
for respondent no.3.
After hearing the respective counsel, following is the only point that falls for my consideration.
(i) Whether any interference is required in the judgment and decree dated 29.07.2005 in Land Acquisition Case No.100/1999 passed by Civil Judge
Senior Division, Yavatmal?
(ii) What order?
Present appeal is filed by the original claimant, who has filed Land Acquisition Case No.100/1999. The appellant is owner of Survey No.2/3 area
4.04 HR situated at village Bhoyar, Tq.Dist. Yavatmal. For and on behalf of respondent no.3, acquisition proceedings were initiated and a notification
under Section 32 (2) of the Maharashtra Industrial Development Corporation Act was published in Government Gazette on 09.03.1995 and Land
Acquisition Case No.1/65/94Â95, Lohara, Bhoyar and Pangri was registered. Land Acquisition Officer declared award on 27.11.1997 and the Land
Acquisition Officer granted compensation at the rate of Rs.56,000/Â per hectare along with other statutory benefits. The appellants, being dissatisfied
with the same, filed Land Acquisition Case No.100/1999.
During the course of hearing, learned counsel for respondent no.3 stated and pointed out judgment of this Court in First Appeal No. 661/2006,
challenging the judgment and decree passed in favour of the present appellant, was dismissed by this Court (Coram: Manish Pitale, J.) on
24.04.2018. Under the said judgment, various appeals filed, not only by the M.I.D.C. but by other claimants were disposed of.
The learned counsel for respondent no.3 invited my attention to the observations in the judgment in First Appeal No.661/2008, wherein the claimant
was entitled for compensation at the rate of Rs.1,80,000/Â per hectare along with statutory benefits. In view of the aforesaid finding already arrived
by this Court that the market price of the acquired land on the date of publication of notification was Rs.1,80,000/Â, in my view, this Court is required
to modify the judgment and decree passed by the learned trial Court. I, therefore, pass the following order.
ORDER
(i) The appeal is partly allowed.
(ii) Appellant will be entitled to receive compensation at the rate of Rs.1,80,000/Â per hectare instead of Rs.1,50,000/Â per hectare, as granted by the
trial Court.
(iii) Respondent no.3 will have to deposit enhanced amount of Rs.30,000/Â per hectare along with proportionate statutory benefits before the
reference Court within a period of four months from today as prayed by the counsel for the respondent no.4.
(iv) After the said amount is deposited by the respondent no.4 before the reference Court, the appellant therein will be entitled to withdraw the said
amount from the reference Court.
With this, the appeal is partly allowed. No order as to costs.