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Judgment
. Heard. With consent of both the parties, matter is taken up for final disposal at admission stage.
In the present Appeal, challenge is to the Judgment and Award dated 18/2/2022 passed by the 2nd Joint Civil Judge Senior Division, Yavatmal in LAC No. 774/2012.
The undisputed facts of the present Appeal are that the Respondents/Claimants are the owner of the dry crop land admeasuring 0.36 HR out of Gat No. 30 situated at Mouza Pimpalkhuti, Tahsil Kalamb, District Yavatmal. The land acquisition process was initiated by the Respondents by issuing Notification under Section 4 dated 29/11/2007 for the project of Nimna Painganga Project (Bembla Canal). In the said land acquisition process after acquiring the land, the Special Land Acquisition Officer has awarded compensation of Rs.82,000/- per hectare by the Award dated 18/12/2010.
Being dissatisfied with the said compensation awarded by the Special Land Acquisition Officer, the Respondents/Claimants have filed the reference application under Section 18 of the Land Acquisition Act, 1894 for enhancement of compensation before the Reference Court. According to the Respondents/Claimants, they are entitled for the compensation at the rate of Rs.5,00,000/- per hectare. Before the Reference Court, in support of their submission, the Respondents/Claimants have entered into the witness-box and also relied upon the sale instances and the relevant documents, such as copies of Index, 7/12 extract, map and the earlier decision of the same Reference Court in LAC Nos. 533/2016 etc.
It is pertinent to note that no one entered into the witness-box on behalf of the Appellant/Acquiring Body before the Reference Court. They have only cross-examined the Appellant before the Reference Court and on that basis contested the proceeding before the Reference Court. The Reference Court, by the impugned Judgment and Award, by considering the land owned by the Respondents/Claimants as a dry crop land, awarded compensation at the rate of Rs.4,00,000/- per hectare.
The Appellant/Acquiring Body has preferred the present Appeal against the Judgment and Award dated 18/2/2022 on the ground that the Reference Court has not properly appreciated the evidence available on record. So also the rate which has been granted, is exorbitant in the matter, and therefore, the Judgment passed by the Reference Court needs reconsideration at the hands of this Court.
The Respondents/Claimants have pointed out that arising out of the same Notification, several appeals were preferred before this Court by the agriculturists whose lands have been acquired under the same Project. They have pointed out that some of the matters were compromised by the Acquiring Body, thereby the rate granted by the Reference Court was confirmed.
In support of their submission, the Respondents/Claimants have relied upon the Judgment delivered by the Co-ordinate Bench of this Court on 7/5/2024 in batch of the Appeals with the leading First Appeal No. 1737/2019. In the said Judgment, the Co-ordinate Bench of this Court, by recording the fact that the matters were settled before the National Lok Adalat, has confirmed the market value of the land of village Sawargaon, Tahsil Kalamb, District Yavatmal at the rate of Rs.4,20,000/- per hectare. Relevant finding in paragraph No.3 of the Judgment reads as under :-
“3.Learned Advocates for the claimants, appearing in their respective appeals, submit that the appeal arising out of the judgment and award passed by the Reference Court pertaining to Section 4 Notification dated 13th September, 2007 was settled between the Acquiring Body and the claimant. It is pointed out that it was First Appeal No. 624/2021 [Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembla Irrigation Division, Yavatmal & Anr. Vs. Ramchandra Gunaji Fulmali & Ors., decided on 25.09.2021]. It is pointed out that in respect of the acquired land subject-matter of First Appeal No. 624/2021, as per Section 4 Notification dated 13th September, 2007, the Acquiring Body and the claimant have amicably settled the dispute before the Lok Adalat. It is pointed out that the Acquiring Body has settled the dispute and thereby agreed to pay the market price @ 4,20,000/- per hectare in respect of the land situated at village Sawargaon, acquired under Section 4 Notification dated 13th September, 2007.”
It is the submission of the Respondents/Claimants that the Reference Court, in the impugned Judgment, has also considered the fact that villages Pimpalkhuti and Sawargaon are adjacent villages and thereby considering this aspect, has determined the market value of the land.
In the facts and circumstances, it is clear that the case is covered by the Judgment dated 7/5/2024 delivered by this Court in a batch of Appeals arising out of the same Notification, whereby the market value of land was determined at the rate of Rs.4,20,000/-. Therefore, I find no merit in the present Appeal, and accordingly, the Appeal stands dismissed.
Consequently, the Respondents/Claimants are permitted to withdraw the amount which is deposited by the Appellant before this Court through the Respondent No.2/Power of Attorney Holder along with interest accrued thereon, subject to satisfaction of the Registrar (Judicial) of this Court. No order as to costs.
Since the Appeal is dismissed, pending Civil Application No. 2799/2026 does not survive. The same stands disposed of accordingly.