The principle of parity and reference to previous court decisions can influence the determination of fair compensation in land acquisition cases.

JUDGMENT :

Heard.

2. Admit. By consent of learned Counsel for the parties, the matter is being finally heard.

3. This is an Appeal filed under Section 54 of the Land Acquisition Act, 1894 (the "said Act") read with Section 96 of the Code of Civil Procedure, 1908 by the V.I.D.C. being the body that acquired land consisting of part of Plot No.781 admeasuring 148.69 sq.mtrs and also constructed structure of 72.21 sq.mtrs owned by respondent no.1situate at village Pahur, Taluka Babhulgaon, District Yavatmal, for the Bembla Irrigation Project under notification dated 11-05-2000, pursuant to Section 4(1) notification of the said Act. The award was passed on 17-10-2003 and the Land Acquisition Officer granted compensation at the rate of Rs. 80/- per sq.mtr. for the acquired land and compensation at the rate of Rs.1693/- per sq.mtr. for the acquired structure. Since the respondent no.1was not happy with the compensation awarded to him, he received the compensation on 18-06-2004 under protest and went ahead and filed a reference under Section 18 of the said Act before the Civil Judge, Senior Division, Yavatmal. The Reference Court awarded enhanced compensation at the rate of Rs. 900/- per sq.mtr. for the open plot and a rate of Rs. 2116/- per sq.mtr. for the constructed area.

4. Being aggrieved by the aforesaid enhancement, the acquiring body has preferred this Appeal.

5. Mr. P.B. Patil duly assisted by Mr. Rathi, learned Counsel for the acquiring body as well as Mr. R.D. Hajare, learned Counsel for respondent no.1/claimant would submit that the subject matter of this Appeal is covered by a decision of this Court dated 28-03-2019 in First Appeal No.424/2019 as well as decision dated 19-12-2018 in First Appeal Stamp No.189/2018 where in respect of open plot of land acquired from the same village Pahur for the same Bembla Irrigation Project under the same Section 4(1) notification dated 11-05-2000, this Court has held that the claimants are entitled to receive an amount of Rs.750/- per sq.mtr. for the plot and have retained the rate awarded by the Reference Court for the constructed area.

6. I have heard learned counsel for the parties and with their able assistance, I have perused the papers, proceedings and the decisions relied upon by them.

7. Before proceeding further, it would be apposite to set out the relevant paragraphs of the judgment dated 28-03-2019 of this Court in First Appeal No.424/2019 as under :-

"2. It is submitted by the learned counsel for the parties that in view of the adjudication in First Appeal St.No.189/2018 (VIDC and another Vrs. Vasant Nanaji Patre and others) dated 19/12/2018 arising from village Pahur, Taluka Babhulgaon, Dist. Yavatmal, the present appeal can be disposed of.

3. In First Appeal St.No.189/2018, this Court has held that an amount of Rs.750/ per square meter for an open plot of land acquired from village Pahur, Taluka Babhulgaon, Dist Yavatmal would be fair compensation. The Notification under Section 4 of the Land Acquisition Act, 1894 in this appeal is dated 11/05/2000 which was the same notification in the appeal mentioned above.

4. Hence, for the reasons stated in First Appeal St. No.189/2018 (VIDC and another Vrs. Vasant Nanaji Patre and others) dated 19/12/2018, this appeal is partly allowed as under :

1) The Judgment of the Reference Court in L.A.C. No.221/2009 dated 14/11/2014 is partly modified.

2) The claimants are held entitled to receive an amount of Rs.750/ per square meter for Plot No.631 admeasuring 279.60 square meters and for plot No.552 admeasuring 60 square meters. They are also entitled to receive an amount of Rs.2,950/- per square meter for constructed portion admeasuring 279.60 square meters and Rs.1,670/- for 30.70 square meters respectively.

3) Other directions in the award are confirmed.

4) The claimants are at liberty to withdraw the amount of compensation in terms of this Judgment along with accrued interest.

5) The balance amount, if any, be refunded to the appellant with accrued in