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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR

FIRST APPEAL NO.30 OF 2008

WITH

CROSS OBJECTION NO.53 OF 2015

FIRST APPEAL NO.30 OF 2008

Vidarbha Irrigation Development

Corporation, through its Executive

Engineer, Bembla Project Division,

Yavatmal. ….. Appellant.

:: V E R S U S ::

1. Shobhachand s/o Harimal

Kotecha, since dead through its

Legal heirs.

1(a) Smt.Gulabbai wd/o Shobhachand

Kotecha, aged about major.

1(b) Shri Kantilal s/o Shobhachand

Kotecha, aged major.

1(c) Shri Ravindra s/o Shobhachand

Kotecha, aged major.

1(d) Shri Naresh s/o Shobhachand Kotecha.

1(e) Shri Manoj s/o Shobhachand

Kotecha, aged about 36 years.

All the legal heirs No.1(a) to (e) are

R/o Pahur, taluka Babhulgaon, district Yavatmal.

1(f) Sau.Meenabai w/o Rameshchandra

Sona (daughter), r/o Vaifad, taluka and district Wardha.

.....2/-

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1(g) Sau.Ushabai w/o Subhashchandra

Duggad, r/o Majalgaon, district Bhid.

1(h) Sau.Varsha w/o Manoj Bafna, r/o

Chongi, taluka Patur, district Akola.

2. The State of Maharashtra,

Through the Collector, Yavatmal.

3. The Special Land Acquisition

Officer, Bembla Project Division,

Yavatmal. ….. Respondents.

===================================

Shri A.B.Patil, Counsel for the Appellant.

Mrs.Vijaya Thakre, Counsel for Respondent Nos.1(a) to 1(h).

Mrs.M.H.Deshmukh, Assistant Government Pleader for Respondent

Nos.2 and 3.

===================================

CROSS OBJECTION NO.53 OF 2015

1. Shobhachand @ Sameermal s/o Harimal Kotecha,

since dead through his Legal heirs.

1(a) Smt.Gulabbai wd/o Shobhachand

Kotecha, dead.

1(b) Shri Kantilal s/o Shobhachand

Kotecha, aged major.

1(c) Shri Ravindra s/o Shobhachand

Kotecha, aged major.

1(d) Shri Naresh s/o Shobhachand

Kotecha, age major.

1(e) Shri Manoj s/o Shobhachand Kotecha,

age : major.

.....3/-

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All the legal heirs No.1(a) to (e) are

R/o Pahur, taluka Babhulgaon, district Yavatmal.

1(f) Sau.Meenabai w/o Rameshchandra

Sona (daughter), r/o Vaifad, taluka and district Wardha.

1(g) Sau.Ushabai w/o Subhashchandra

Duggad, r/o Majalgaon, district Bhid.

1(h) Sau.Varsha w/o Manoj Bafna, r/o

Chongi, taluka Patur, district Akola.

2. The State of Maharashtra,

Through the Collector, Yavatmal.

3. The Special Land Acquisition

Officer, Bembla Project Division,

Yavatmal. ….. Cross objectors.

:: V E R S U S ::

Vidarbha Irrigation Development

Corporation, through its Executive

Engineer, Bembla Project Division,

Yavatmal. ….. Respondent.

===================================

Mrs.Vijaya Thakre, Counsel for Cross objectors No.1(a) to 1(h).

Mrs.M.H.Deshmukh, Assistant Government Pleader for the State.

Shri A.B.Patil, Counsel for the Respondent.

===================================

CORAM : V.M.DESHPANDE, J.

DATE

: NOVEMBER 18, 2021

ORAL JUDGMENT

1.

The appeal and the cross objection arise out of

.....4/-

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judgment and decree dated 14.2.2007 passed by learned 1^st Ad hoc

District Judge, Yavatmal in Land Acquisition Case No.198/2003.

2.

By the judgment and decree impugned in the appeal

and the cross objection, learned Judge of the Reference Court

partly allowed the reference and directed respondents/acquiring

body i.e. Special Land Acquisition Officer, Bembla Project,

Yavatmal, district Yavatmal and the Executive Engineer, Bembla

Project Division, Yavatmal to pay amount Rs.5,76,568/-. The

respondents were also directed to pay 12% additional component

on enhanced amount of compensation from the date of

Notification i.e. 31.12.1998 till date of award i.e. 31.7.2000. The

respondents were also directed to pay 30% solatium on enhanced

amount of compensation. They were also directed to pay interest

@ 9% per annum on enhanced amount of compensation from the

d