IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Sanjay A. Deshmukh, J.
Vidarbha Irrigation Development Corporation, through its Executive Engineer – Petitioner
Versus
Bababai S/o Ramdas Sanase and ors – Respondents
First Appeal No. 176 of 2013 Cross Objection No. 69 of 2024 In First Appeal No. 176 of 2013, First Appeal No. 180 of 2013, Cross Objection No. 70 of 2024 In First Appeal No. 180 of 2013, First Appeal No. 1047 of 2012, Cross Objection No. 68 of 2024 In First Appeal No. 1047 Of 2012
Decided On : 22-11-2024
JUDGMENT :
Sanjay A. Deshmukh, J.
1. All these appeals and cross-objections arises out of one and same Award dated 27.03.1996 passed by Land Acquisition Officer in L.A.C. No.7/19911992, in respect of agriculture lands situated at village Karadi, Tahsil and District Buldhana. Hence, all these appeals are being disposed of by this common judgment.
2. First Appeal No.176 of 2013 and Cross-Objection No.69 of 2024 are preferred against the judgment and award passed by Joint Civil Judge, Senior Division, Buldhana, dated 17.01.2011 in Land Acquisition Case No.129/1996, whereby the reference filed by respondent No.1/crossobjector was partly allowed and the compensation was enhanced for the acquired land @ Rs. 1,40,000/per hector for the dry crop land bearing Gat No.46 total admeasuring 2.84 HR. out of which admeasuring 56.8 R. situated at village Karadi, Tahsil and District Buldhana.
3. First Appeal No.180 of 2013 and Cross-Objection No.70 of 2024 are preferred against the Judgment and decree dated 15.01.2011 passed by Joint Civil Judge, Senior Division, Buldhana in Land Acquisition Case No.95 of 1996, whereby the reference filed by respondent No.1/crossobjector was partly allowed and the compensation was enhanced for the acquired lands @ Rs. 1,40,000/per hector for the dry crop land bearing Gat No.46, admeasuring 1.37 HR. and @ Rs.2,80,000/per hectare for the irrigated land bearing Gat No.47 admeasuring 1.06 HR., situated at village Karadi, Tahsil and District Buldhana.
4. First Appeal No.1047 of 2012 and Cross-Objection No.68 of 2024 are preferred against the judgment and award passed by Joint Civil Judge, Senior Division, Buldhana, dated 05.01.2011 in Land Acquisition Case No.41/1996, whereby the reference filed by respondent No.1/crossobjector was partly allowed and the compensation was enhanced @ Rs.2,80,000/per hectare for the irrigated land bearing Gat No.214, total admeasuring 2.24 HR., out of which admeasuring 1.12 HR. of the acquired land, situated at village Karadi, Tahsil and District Buldhana.
5. Heard learned Advocates for both sides.
7.Learned Advocate for the parties submit that these appeals and cross-objections are covered by the decision rendered by this Court in First Appeal No. 968 of 2012 (Vidarbha Irrigation Development Corporation through its Executive Engineer Vs. Subhash Narayan and one another), decided on 27th March, 2024.
8. Perused the judgments and awards passed by the Reference Court and judgment passed in First Appeal No. 968 of 2012 cited supra. It is seen that there was no mistake or illegality on the part of the Reference Court while determining the market price of the acquired lands. The lands acquired in these appeals and cross-objections as well as in First Appeal No. 968 of 2012 are one and same village and acquired for the same purpose. Considering this fact, all these appeals and cross-objections were fully covered by the decision rendered in First Appeal No. 968 of 2012. Therefore, all these appeals filed by the acquiring body and cross-objections filed by cross-objectors are without substance and deserve to be dismissed.
9. In the result, all these appeals and cross-objections stand dismissed on the basis of principle of parity in terms of the above referred judgment. No order as to costs.
AI
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The central legal point established in the judgment is that the Acquiring Authority cannot selectively challenge awards for the same subject parcels of land, based on the principle of non-discriminat....
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The court determined that compensation for acquired land must reflect fair market value, aligning with previous awards for similar properties.
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