Vidarbha Irrigation Development Corporation vs Diwakar Pandurang Shinde & Ors.

. Heard Mr. Raunak Kurani, learned Counsel for the Appellant, Mr. A. B. Nakshane, learned Counsel for the Respondent No.1 and Ms. M. R. Kavimandan, learned AGP for the Respondent Nos.2 and 3.

In the present Appeal, challenge is to the Judgment and Award dated 13/2/2009 passed by the learned Civil Judge Senior Division, Yavatmal in Land Acquisition Case No. 315/2006.

It is undisputed fact that the Respondent No.1 was owner of the plot bearing Survey No. 85 admeasuring 138.00 sq.mtr., out of which, construction area is 112.40 sq.mtr. situated at village Kolhi, Tahsil Babhulgaon, District Yavatmal. The Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 31/7/2003 for submergence of Bembla River Project. As per the said Notification, the Land Acquisition Officer vide final Award dated 4/4/2005 has awarded Rs.90/- per sq.mtr for open plot and Rs.2141/- per sq.mtr. for constructed area.

The Respondent No.1 being dissatisfied with the compensation awarded by the Land Acquisition Officer, has preferred the reference before the Civil Judge Senior Division, Yavatmal. The learned Reference Court vide Judgment dated 13/2/2009 has awarded Rs.753/- per sq.mtr. for open plot and Rs.3000/- per sq.mtr. for constructed area.

In the present Appeal, the challenge to the Judgment and Award passed by the learned Reference Court is mainly on the ground that the valuation done for granting enhancement of compensation is without any basis and the documentary as well as oral evidence recorded before the learned Reference Court was not properly appreciated in the matter. Hence, interference of this Court is sought in the Judgment and Award passed by the learned Reference Court.

The learned Counsel appearing for Respondent No.1 has relied upon the Judgment delivered by this Court on 28/3/2019 in First Appeal No. 421/2018. This Court, by considering the Judgment of the learned Reference Court in other proceeding and also by considering the submissions of the parties, held that the Claimant therein is entitled to receive Rs.650/- per sq.mtr. for open plot.

In the light of the fact that this Court while deciding First Appeal No. 421/2018, relied upon the earlier Judgment of this Court in First Appeal No. 353/2015, I have also gone through the reasoning recorded by this Court in First Appeal No. 353/2015. I am satisfied that on cogent reasoning this Court has held that the owner of the land arising out of same land acquisition proceeding is entitled for Rs.650/- per sq.mtr. towards open land. Therefore, in my view, Respondent No.1/land owner is also entitled for same amount. Hence, by applying the said yardstick, the amount awarded by the Reference Court in the present Appeal is to be reduced from Rs.753/- per sq mtr. to Rs.650/- per sq.mtr.

Insofar as the compensation awarded towards constructed area is concerned, it is seen that cogent reasons are recorded by the Reference Court by relying upon the Judgment of the Reference Court in Land Acquisition Case No. 794/2006. The same stands confirmed.

The learned Counsel for Appellant fairly accepted the fact that as this Court has already decided the market value of the open plot of the land which was acquired from the same land acquisition proceeding, the amount towards compensation of open plot is to be reduced to Rs.650/- per sq.mtr. He also agreed that reliance placed by the learned Reference Court on the Judgment at Exhibit-39 has already attained finality, and therefore, same can be maintained in the present Appeal.

In view of submissions made by the learned Counsel for both sides, there is no impediment to modify the order passed by the learned Reference Court. Hence, I proceed to pass following order.