2024:BHC-NAG:9906 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR FIRST APPEAL NO.694 OF 2023 Smt. Savitribai W/o Rajhans Ambagade (Dead) through Legal Representatives :

1. Smt Pramilabai W/o Anil Moon, Aged 48 years, Occ- Household, R/o Dwarkapuri, Rameshwari Ring Road, Nagpur.

2. Ku. Ashvita D/o Amil Ambagade, Aged

20 years, Occu-student, R/o 74, Chandramani Nagar, Nagpur.

3. Prashant S/o Rajhans Ambagade, Aged 46 years, Occu-Service, R/o Lendra Park, near Chandan Nagar, Nagpur.

4. Prakash S/o Nilkhanth Ambagade, Aged

50 years, Occu – Service, R/o Narendra Nagar, Nagpur.

5. Shishir S/o Subhash Shende, Aged-38 years, Occu- Service, R/o Plot No.202, Prayas Regency, Godhani, Nagpur.

6. Shruti D/o Subhash Shende, Aged 32 years, Occu-Service, R/o Plot No.202, Prayas Regency, Godhani, Nagpur.

...Appellants Through Power of Attorney Holder, Shri (Originally Applicant)

Subhash S/o Mahadeorao Shende.

// VERSUS //

1. Superintendent Engineer, Maharashtra State Road Development Corporation, Nagpur.

2. Additional Special Land Acquisition Officer, (Pench Project), Civil Lines, Nagpur.

3. Maharashtra Airport Development Corporation Limited, 1^st Floor, Central Respondents Facility Building, MIHAN, Khapri ... Originally non-applicant (Railway), Nagpur.

______________________________________________________________

Ms Rajkumari Rai, Advocate for Appellants.

Shri M.A. Kadu, A.G.P. for Respondent No.2.

Shri A.H. Adtani, Advocate for respondent No.3.

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CORAM : SANJAY A. DESHMUKH , J .

DATED : 08/08/2024 ORAL JUDGMENT

1. Admit. Heard finally with consent of the learned Advocates for the parties.

2. This first appeal is preferred against the impugned judgment and award in L.A.R. No.236 of 2004 dated 26.10.2015 delivered by Special Court Designated Under MIHAN, (Ad-hoc District Judge-3), Nagpur.

3. The appellant prayed for enhancement of compensation of her acquired land for Mihan Project, Nagpur. The land reference was partly allowed. The respondents were directed to pay enhanced amount of compensation @ Rs.4,25,000/- per hector for Survey No.74 and 93 admeasuring area 2.28 H.R. and 1.65 H.R. respectively situated at village Telhara, Tah. and Dist. Nagpur. This appeal is preferred for enhancement of compensation amount by the legal representatives of late Savitribai the original claimant.

4. The learned advocate for the appellants submitted and pointed out that in the similar land acquisition proceedings bearing L.A.R. No.232 of 2004 dated 23.03.2016, L.A.R. No.242 of 2004 dated 02.05.2016 and in L.A.R. No.243 of 2004 dated 02.05.2016 are decided wherein compensation @ Rs.10,00,000/- per hector was awarded by the same Special Court. But the appellants have not got amount of compensation at higher rate. It is against the principle of parity and injustice is caused to the appellants. Therefore, this appeal is preferred by the appellants.

5. The learned advocate for the appellants further submitted that, the original applicant/claimant did not adduce necessary evidence and therefore, an amount of compensation was not properly determined by the Special Court. She, therefore, prays for remanding the reference to the Special Court Mihan, Nagpur for adducing additional evidence and its decision on merit.

6. Respondent No.1 is absent though served.

7. The learned advocates for the respondent Nos.2 and 3 have strongly objected the prayer of remand of reference and submitted that, reasonable amount of compensation is awarded by the Special Court to the claimant and there is no need to remand the said reference. It is lastly prayed to dismiss this appeal.

8. The following point emerged for consideration : (1) Is the case made out by the appellants to remand the Reference to the trial Court for recording additional evidence and for its decision on merit ?”

9. Perused the impugned judgment and judgments in L.A.R.

No.232/2004, L.A.R. No.242 of 2004 and L.A.R. No.243 of 2004.

10. The admitted facts are that, the land