Full Judgment Text
2025:BHC-NAG:11148
1 21.J.FA.171.2020 with xob18.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.171 OF 2020
AND
CROSS OBJECTION NO. 18 OF 2024
FIRST APPEAL NO. 171 OF 20 20
1. Sushil s/o Saubhagchand Bora, aged 43 years,
Occ. Agriculturist, r/o Main Road, Arni, Tq.
Arni, dist. Yavatmal.
... APPELLANT
VERSUS
1. The Collector, Yavatmal, through the State of
Maharashtra.
2. The Executive Engineer, Arunavati, Canal
Division, Arunavati Project, Digras, Tq. Digras,
Dist . Yavatmal. (Amended as per Registrar’s
order dated 13.12.2022.
3. The SDO and Special Land Acquisition Officer,
Lower Pus Project, Pusad, Tq. Pusad, Dist.
Yavatmal.
4. The Executive Director, VIDC- Nagpur through
the Executive Engineer, Arunavati Project
Division, Digras, Tq. Digras, Dist. Yavatmal.
… RESPONDENTS
AND
CROSS OBJECTION NO. 18 OF 2024
2 21.J.FA.171.2020 with xob18.2024.odt
1. The Executive Director, VIDC, Nagpur, Tq. And
Dist. Nagpur, through its Executive Engineer,
Arunawati Project Division, Digras, Tq.
Dighras, Dist. Yavatmal. (Now Arunawati
Irrigation Division).
2. Executive Engineer, Arunawati Canal Division,
Yavatmal, Tq. & Dist. Yavatmal.
... APPELLANTS
VERSUS
1. Sushil Saubhagchand Bora, aged 31 years,
Occ. Agriculturist, r/o Main Road, Arni, Tq.
Arni, Dist. Yavatmal.
2. State of Maharashtra, through its Collector,
Yavatmal.
3. The SDO and Special Land Acquisition Officer,
Lower Pus Project, Pusad, Tq. Pusad, Dist.
Yavatmal.
… RESPONDENTS
_____________________________________________________________
Shri M.M. Agnihotri, Advocate a/b Shri G.R. Kothari, Advocate for
the appellant (respondent no.1 in XOB.)
Ms Athalye, Advocate for cross-objector nos. 2 and 4.
Ms Kavimandan, Assistant Government Pleader for the State.
______________________________________________________________
CORAM : PRAVIN S. PATIL, J.
DATE : 13.10.2025.
ORAL JUDGMENT :
1. Heard.
3 21.J.FA.171.2020 with xob18.2024.odt
2. By the present appeal, the appellant is challenging the
judgment and award dated 25.02.2019 passed in Land Acquisition Case
No.1750/2004 decided by the learned District Judge, Darwha, District
Yavatmal.
3. T he undisputed facts of the present appeal is that the
appellant is the owner and was in possession of the field Gat bearing
Survey No.167/5 situated at Arni Town, Tq. Arni, District Yavatmal. The
respondent/acquiring body vide its Notification under Section 4 of the
Land Acquisition Act, dated 29.07.1999, acquired 0.03 HR land 3229.17
sq.ft. from the land owned by the appellant for construction of canal of
Arunavati Dam. The Special Land Acquisition Officer granted
compensation of Rs.90,000/- per Hector for the acquired land. The
appellant being dissatisfied with the amount, which was awarded
preferred the reference petition before the Reference Court. The Reference
Court vide its judgment and Award dated 25.02.2019 enhanced the
compensation to the appellant at the rate of Rs.90/- per square feet for
0.03 HR portion out of acquired land of land Gat No.167/5 of Mauza Arni
with additional component after deducting the amount of compensation,
which has been already paid.
4. By way of present appeal, the appellant is claiming
enhancement of the compensation on the ground that the land, which was
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acquired was situated at Nagpur-Tuljapur State Highway and located in
Arni town, which is Taluka place. The land comes under the limits of
Gram Panchayat, Arni. It has been given status of Nagar Parishad. So the
acquired land is having non-agricultural potentiality. Hence, the Reference
Court ought to have consider this aspect while deciding the enhancement
of compensation.
5. Learned Counsel for the appellant has relied upon the
judgment delivered by this Court in First Appeal No. 132/2017 (Executive
Engineer vs. Shri Anandkumar Digambar Nillawar (dead) and ors.) dated
07.01.2025, wherein the land was acquired for the same project in the
year 1998 i.e. vide Notification dated 18.06.1998. According to him, this
Court after considering entire factual as well as legal aspect in the matter,
granted compensation at the rate of Rs.275/- per sq. ft with all statutory
benefits. Hence, considering the fact that the land of the appellant is
acquired subsequent to the Notification in that matter, he is entitled at-
least Rs.275/- per sq. ft. in the present matter.
6. Learned Counsel for the respondents/cross-objector
vehemently opposed the appeal. According to her, learned Reference Court
has delivered the judgment on the basis of documentary as well as oral
evidence produced before him. The submission which is made by the
appellant in the present appeal was not a part of the submission made
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before the Reference Court. Therefore no fault can be found in the
findings recorded by the Reference Court. Hence, according to her present
appeal is devoid of merits and same deserves to be dismissed.
7. In the background of abovesaid factual position, the learned
Counsel for the appellant has specifically pointed out from the impugned
Award that before the Reference Court he has relied upon the various
awards passed by the Reference Court to get enhancement of the
compensation. One of the said award on which he has relied upon, was in
L.A.C. No.2057/2004. He has pointed that against the same Award, the
Acquiring Body has preferred the First Appeal No.132/2017 before this
Court and in the same proceedings, this Court has awarded compensation
at the rate of Rs.275/- per square feet. Therefore, according to the
appellant, once this Court delivered the judgment arising out of the same
land acquisition proceedings and awarded the compensation at the rate of
Rs.275/- per square feet, he is entitled for the same on the ground of
parity.
8. Considering this factual as well as legal position, according to
me there is no impediment to enhance compensation to the appellant in
the present appeal. Hence, the jdugment delivered by this Court to be
applied herein also on the ground of parity. Hence, I proceed to pass the
following order :
6 21.J.FA.171.2020 with xob18.2024.odt
(a) The First Appeal is allowed.
(b) The appellant is entitled to compensation at the rate of
Rs.275/- per square feet with all statutory benefits towards his land. There
would be no deduction of amount towards the development charges.
(c) The amount of enhanced compensation to be deposited within
a period of three months from the date of this order. After deposit of the
same, the appellant will be at liberty to withdraw the same subject to the
satisfaction of the Registrar (Judicial)
(d) Compensation be disbursed after requisite court fee paid by
the appellant.
9. In view of the above, Cross-objection is also stands disposed of
accordingly.
(PRAVIN S. PATIL , J. )
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 17/10/2025 15:04:25