VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, THROUGH EXECUTIVE ENGINEER Vs. ASHOK S/O ONKAR NANDVIKAR
LAWS(BOM)-2017-6-245
HIGH COURT OF BOMBAY
Decided on June 15,2017

Vidarbha Irrigation Development Corporation, Through Executive Engineer Appellant
VERSUS
Ashok S/O Onkar Nandvikar Respondents

JUDGEMENT

Shalini Phansalkar Joshi, J. - (1.) The appellant, which is an acquiring body, has preferred this appeal against the judgment and order dated 8th October 2007, passed by the Ad-hoc Additional District Judge Wardha in LAC no. 69/2000, being aggrieved by the enhanced amount of compensation, awarded by the Reference Court.
(2.) Facts which are necessary for deciding this appeal are to the effect that, in pursuance of the notification issued under section 4(1) of the Land Acquisition Act 1894, on 16.3.1998, the land belonging to respondent no.1 and ad-measuring about 1.07 H.R. situated at village Saikheda came to be acquired by Special Land Acquisition Officer, who computed the compensation towards market value of the land, the Orange Trees and the Well existing in the land to the extent of Rs. 1,16,530/-. Being dissatisfied with the meager amount of compensation granted towards all the 3 heads, the original claimant/respondent no.1 approached the Reference Court u/s 18 of the Land Acquisition Act. In support of his contention that the compensation awarded on all the 3 heads was not adequate, respondent no.1 examined himself and also lead the evidence of on expert to prove the construction and value of the well. He also examined the Horticulture Expert to prove the value of Orange trees standing in the land.
(3.) On appreciation of the evidence adduced before it, learned Reference Court enhanced the compensation amount of the land from Rs. 53,500/- per hectare to Rs.1,07,000/- per hector. Similarly, the compensation for the well standing in the land was also enhanced from Rs. 5,123/-, as awarded by the Special Land Acquisition Officer to Rs.50,000/-. Even as regards, the orange trees, the Reference Court found that there were totally 150 orange trees at the time of notification and accordingly enhanced the compensation to Rs. 2500/- per orange tree from Rs. 162/- per tree.;


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