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IN THE HIGH COURT OF JUDICATURE AT

BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO. 1327 OF 2008

1

Uddhao S/o Ramraoji Khandwe,

Aged about 39 Years,

2.

Dadarao Ramrao Khandwe,

Aged about 52 years,

3. Krisanrao Ramrao Khandwe,

Aged about 50 years

4. Bhaurao Ramrao Khandwe,

Aged about 42 years,

5. Deorao Ramrao Khandwe,

Aged about 46 years,

6. Smt. Narmadabai Wd/o Ramrao Khandwe

Aged about 76 years,

All R/o Kopara (Jankar)

Tq. Babhulgaon Dist. Yavatmal

7. Sou. Nalini W/o Ajabrao Maske,

Aged about 37 years,

R/o Tiwari (Amala), Tq. Digras,

Dist. Yavatmal

8. Sou. Shalini W/o Narayanrao Shinde

Aged about 36 years,

R/o Kolura, Tq. Ner, Dist. Yavatmal.

9. Sou. Malini W/o Punjabrao Shendge,

Aged about 34 Years,

R/o Pusad, Tq. Pusad, Dist. Yavatmal

10. Bhagwantao S/o Ramrao Khandwe,

Aged about 47 Years,

R/o Pusad, Tq. Pusad

Dist. Yavatmal

11. Babarao S/o Ramraoji Khandwe,

Aged about 57 years,

R/o Rui, Tq. and Dist. Yavatmal

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All though their power of attorney,

holder Uddhao S/o Ramraoji Khandwe,

Applicant No.1

…. Appellants

// VERSUS //

1. The State of Maharashtra,

represented by the Collector,

Yavatmal, Tq. & Dist. Yavatmal

2. The Special Land Acquisition

Officer, Yavatmal, Tq. & Dist. Yavatmal.

3. The Exective Engineer,

Bembala Project Division,

Tq. and Distt. Yavatmal.

…. Respondents

Ms. Trishala Dhait Advocate h/b Mr. A.Sambre, Advocate

for Appellants.

Shri N.R. Patil, AGP for respondent nos. 1 and 2.

_______________________________________________________

CORAM : SMT. ANUJA PRABHUDESAI, J

DATED : 7^th JANUARY, 2022

ORAL JUDGMENT

By this appeal filed under Section 54 of the Land

Acquisition Act, 1894, the Appellants take exception to the

Judgment and Award dated 12^th April,2006 in Land

Acquisition Case No. 299 of 2000 passed by the Civil Judge

(Senior Division), Yavatmal. By the impugned judgment, the

Reference Court has partly allowed the reference under

Section 18 of the Land Acquisition Act, 1894 filed by the

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Appellants and determined the rate of compensation at the

rate of Rs.75,000/- per hector.

2.

The brief facts necessary to decide the appeal are

as under:

The Appellants are the owners of the land under Survey

Nos. 52 and 53. A portion of the land admeasuring 0.54

Hectors was acquired from Gat No.52 and portion of land

admeasuring 2.51 Hector was acquired from Gat No.53 for

the purpose of Bembla Irrigation Project. Section 4(1) of the

Land Acquisition Act was published in the Government

Gazette on 25^th August, 1994 and the award was declared on

30^th March, 1996. The Land Acquisition Officer awarded

compensation at the rate of Rs.27,000/- per hectors in respect

of fertile land and Rs.200/- per hector for Pot kharab land.

Being aggrieved by the quantum of compensation awarded by

the Land Acquisition Officer, the Appellants filed a reference

under Section 18 of the Land Acquisition Act, 1894. The

reference Court, after considering the evidence adduced by

the respective parties, determined the compensation as per

market rate @ Rs.75,000/- per hector. The Judgment and

Award was appealed by the Acquiring Body in First Appeal

No.593 of 2007, which has been dismissed by this Court

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(Coram : A.S.Chandurkar, J) by judgment dated 28.10.2015.

The present appeal under Section 54 of the Land Acquisition

Act has been filed by the appellants-original claimants.

3.

Learned counsel for the Appellants-claimants

states that by judgment dated 28.10.2015 in First Appeal

No.1251 of 2009, this Court (Coram : A.S.Chandurkar, J) has

determined the compensation of Rs.90,000/- per hector,

whereas in First Appeal No. 155