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Judgment
. Heard Mr. A. B. Patil, learned Counsel for the Appellant, Mr. V. D. Darne, learned Counsel for the Respondent Nos.5 to 7 and Mr. M. A. Kadu, learned AGP for Respondent Nos.3 and 4.
In the present Appeal, challenge is to the Judgment and Award dated 24/3/2009 passed by the Civil Judge Senior Division, Yavatmal in Land Acquisition Case No.266/2003, whereby the learned Reference Court has awarded Rs.753/- per sq. mtr. for open plot and Rs.2300/- per sq. mtr. for constructed area of plot No.52 situated at village Barad, Tahsil Babhulgaon, District Yavatmal owned by the Respondents/Claimants.
The challenge in the Appeal is on the ground that the amount of compensation awarded by the learned Reference Court is without recording proper reasons in the matter. So also the learned Counsel for Appellant has relied upon the Judgment of this Court in First Appeal No. 794/2018 (Executive Engineer, Bembla Project Division, Yavatmal V/s Narayan Harbaji Punse & Ors.) to substantiate his submission.
Per contra, the learned Counsel for Respondents/Claimants states that the compensation awarded by the learned Reference Court was after considering the entire evidence on the record and the sale instances of the area. Therefore, the compensation amount granted by the learned Reference Court is just and proper in the matter, and therefore, no interference of this Court is required in the matter.
After hearing the learned Counsel for both sides, I have gone through the impugned Judgment, particularly, paragraph No.10 of the Judgment. On perusal of this paragraph, it is seen that the learned Reference Court has recorded the finding that while deciding Land Acquisition Case No. 408/2003 compensation was granted at the rate of Rs.70/- per sq.ft. for the open plot at Digghi, and according to the learned Reference Court, Rs.55/- per sq.ft. is justified in the reference proceeding. However, in operative part of the order, without considering the compensation at the rate of Rs.55/- per sq.ft., compensation has been awarded at the rate of Rs.753/- per sq.mtr. for open plot. Hence, prima facie, the finding recorded by the learned Reference Court seems to be contrary to its own findings in the body of the Land Acquisition Case and operative part of the order.
As far as the constructed area of plot No. 52 owned by the Respondents/Claimants is concerned, the findings recorded are correct though no reasoning is recorded in the impugned order.
It is pertinent to note that this Court in First Appeal No. 794/2018, while considering the rate of open land arising out of the same land acquisition proceeding, has determined the compensation of Rs.500/- per sq.mtr. for open plot. According to the Appellant, there are many other cases decided by the Reference Court as well as this Court, wherein consistently the rate of Rs.500/- per sq.mtr. has been awarded to every land owner whose land has been acquired for Bembla Project. The learned Counsel for Respondents/Claimants did not dispute this fact. He fairly concede the amount determined by the Co-ordinate Bench of this Court towards open area.
Hence, considering this aspect of the matter, I am of the opinion that Respondents/Claimants herein are entitled for the compensation i.e. Rs.500/- per sq.mtr. for open plot and the amount awarded towards constructed area by the Reference Court is confirmed. Hence, I proceed to pass following order.
ORDER
First Appeal is partly allowed.
The Judgment and order dated 24/3/2009 passed by the Civil Judge Senior Division, Yavatmal in Land Acquisition Case No. 266/2003 is modified to the extent that, Respondents/Claimants are entitled for Rs.500/- per sq.mtr. for open plot and for constructed area Rs.2300/-per sq.mtr. for acquired area of land.
Rest of the Judgment and order passed by the Civil Judge Senior Division, Yavatmal is hereby confirmed.
The Appellant and Respondent Nos. 8 and 9 are directed to make necessary calculation of the amount as per the value determined by this Court, and if any amount is found to be excess in favour of Claimants, same shall be reimbursed to the Appellant and vice versa if the amount is not withdrawn by the Respondents/Claimants, same should be reimbursed to the Appellant.
No order as to costs.
Since the Appeal is disposed of, pending Civil Application (CAF) No. 2118/2025 does not survive. The same stands disposed of accordingly.