Judgment

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FA546.2011+1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO. 546 OF 2011

Maharashtra Industrial Development

Corporation, having its office at

Marol Industrial Estate, Andheri East,

Mumbai and having its Regional Office

at By pass road, Amravati,

through its Chief Executive Officer.

…. APPELLANT

// VERSUS //

1)

Babarao Shamrao Jirapure,

Aged about 60 years, Occ. Agriculturist,

R/o. Gandhi Chowk, Yavatmal,

District Yavatmal,

2)

Krushnarao Shamrao Jirapure,

Aged about 50 years, Occ. Agriculturist,

R/o. Gandhi Chowk, Yavatmal,

District Yavatmal.

3)

State of Maharashtra,

Through Collector, Yavatmal.

4)

Spl. Land Acquisition Officer, & S D O

Yavatmal.

…. RESPONDENTS

______________________________________________________________

Shri Sharad Thakare, Advocate for the appellant.

Shri Abhay Sambare, Advocate for the respondent No.1 and 2.

Ms Ritu Kalia, AGP for the respondent Nos.3 and 4.

______________________________________________________________

AND

FIRST APPEAL NO. 1013 OF 2009

1)

Babarao S/o Shamrao Jirapure,

Aged about 57 years, Occ. Agriculturist,

Judgment

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FA546.2011+1.odt

2)

Krushnarao S/o Shamrao Jirapure,

Aged about 47 years, Occ. Agriculturist,

Both R/o. Gandhi Chowk, Yavatmal,

District Yavatmal.

…. APPELLANTS

// VERSUS //

1)

The State of Maharashtra,

through its Collector, Yavatmal.

2)

Special Land Acquisition Officer,

& S. D.O., Yavatmal.

3)

The Executive Engineer,

Maharashtra Industrial Development

Corporation, M.I.D.C. Area

Yavatmal.

…. RESPONDENTS

______________________________________________________________

Shri Abhay Sambare, Advocate for the appellants.

Shri Sharad Thakare, Advocate for the respondent No.3.

Shri Ritu Kalia, AGP for the respondent Nos.1 and 2.

______________________________________________________________

CORAM : MADHAV J. JAMDAR, J.

DATED : 13

th March, 2020

ORAL JUDGMENT :

1.

Heard Shri Sharad Thakare, learned Advocate for the

appellant in First Appeal No.546/2011 and Shri Abhay Sambare,

learned Advocate for the appellants in First Appeal No.1013/2009. By

the impugned judgment and award in both the First Appeals the

challenge is to compensation of Rs.2 Lakhs Per Hectare for 4.92 H.R.

Judgment

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FA546.2011+1.odt

for cultivable land and Rs.1 Lakh Per Hectare for 0.65HR Pot Kharab

land out of field Gut No.5 as granted by learned Joint Civil Judge,

Senior Division, Yavatmal by judgment and award dated 04.03.2009 in

L.A.C. No.100/2001 and thus, the reference filed under Section 34 of

the Maharashtra Industrial Act, 1961 read with Section 18 of Land

Acquisition Act 1894 was partly allowed.

2.

The First Appeal No.546/2011 has been filed by

Maharashtra Industrial Development Corporation challenging the

enhancement of the compensation as the compensation awarded by the

Land Acquisition Officer was Rs.58,439/- Per Hectare for 4.92 H.R.

cultivable land and Rs.1,500/- Per Hectare for 0.65 H.R. Pot Kharab

land. The First Appeal No.1013/2009 has been filed by the original

petitioner seeking enhancement of the compensation from the

compensation awarded in the reference.

3.

The learned Advocates of both the parties state that the

dispute is covered by the common judgment of this Court passed in

First Appeal No.56/2006 alongwith connected appeals. Both the

Advocates further state that the rate as determined in First Appeal

No.1037 of 2009 with cross-objection No.8 of 2016 will be applicable

to the present case by which rate of Rs.1,80,000/- Per Hectare was

granted for cultivable land and Rs.90,000/- Per Hectare for Pot Kharab

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FA546.2011+1.odt

land was granted. Both the Advocates state that these appeals be

disposed of by granting the said rate. Both the Advocates state that the

land bearing Survey No.4/4 was subject matter of said First Appeal

No.1037 of 2009 which is similarly situated i