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20-J-FA-492-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR

FIRST APPEAL NO.492 OF 2017

APPELLANTS:

1. Executive Engineer,

On R.A. Bembla Project Division,

Ori. N.A. No.1 Yavatmal.

Ori. N.A. No.4 2. Vidarbha Irrigation Development

Corporation through Executive Director,

Sinchan Bhawan, Civil Lines, Nagpur.

V E R S U S

RESPONDENTS:

1. Manik Panjabrao Kalmegh,

ON R.A. Aged 61 years, Occ. Cultivator,

Ori Applicant R/o Barad, Post-Pahur,

Tq. Babhulgaon, District Yavatmal.

Ori. N.A. No.2 2. State of Maharashtra

Through the Collector, Yavatmal,

Tq. and Dist. Yavatmal.

Ori. N.A. No.3 3. Special Land Acquisition Officer,

Benefited Zone, Yavatmal,

Tq. and Dist. Yavatmal.

WITH

CROSS-OBJECTION NO.65 OF 2017

IN

FIRST APPEAL NO.492 OF 2017

APPELLANTS:- 1. Executive Engineer, Bembla Project

Division, Yawatmal.

2. Vidarbha Irrigation Development

Corporation through Executive Director,

Sinchan Bhawan, Civil Lines, Nagpur.

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20-J-FA-492-17.odt

V E R S U S

RESPONDENTS 1. Manik Panjabrao Kalmegh,

Aged: 61 years, Occupation:

Cultivator, R/o Barad, Post-Pahur,

Taluka: Babhulgaon, District

Yawatmal.

2. State of Maharashtra, through

Collector, Yawatmal, Taluka

Yawatmal, District : Yawatmal.

3. Special Land Acquisition Officer,

Benefited Zone, Yawatmal, Taluka:

Yawatmal, District : Yawatmal.

CROSS OBJECTOR: Manik Panjabrao Kalmegh.

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Shri M.A. Kadu, Advocate for the appellants.

Shri Kalyan Chiwarkar, Advocate h/f Shri Anand Parchure,

Advocate for respondent No.1 / Cross-Objector.

Shri A.S. Fulzele, Addl. G.P. for the respondent Nos. 2 and 3.

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CORAM:

A.S. CHANDURKAR AND G. A. SANAP,

JJ.

ARGUMENTS WERE HEARD ON : 25/10/2021

JUDGMENT IS PRONOUNCED ON : 02/12/2021

JUDGMENT : (PER

G. A. SANAP

, J.)

1.

In this appeal, the appellants have challenged the

Judgment and award passed by the learned Civil Judge, Senior

Division, Yavatmal in LAC No.613/2005 decided on 04/04/2015

and corrected by order dated 05/08/2015 in MJC No.61/2015,

whereby the learned Judge enhanced the amount of compensation

awarded by the Special Land Acquisition Officer (SLAO).

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20-J-FA-492-17.odt

The respondent No.1 filed the Cross-Objection

No.65/2017 being aggrieved by the Judgment and award refusing

the claim for enhanced compensation in entirety.

The facts leading to the filing of this appeal and the

Cross-Objection are as follows :-

2.

The appellant No.2 is the Acquiring Body. The

appellant No.1 is the Executive Engineer, Bembla Project,

Yavatmal. The respondent No.1 is the original applicant. The

respondent No.2 is the State. The respondent No.3 is the Special

Land Acquisition Officer. The respondent No.1 owned the land

bearing Survey No.14 admeasuring 4.32 HR, Survey No.15

admeasuring 1.40 HR and land bearing Survey No.17

admeasuring 5.87 HR situated at village Barad, Tq. Babhulgaon,

Dist. Yavatmal. The lands were acquired for construction of

Bembla