DR LAXMAN SON OF VITTHALRAO DESHMUKH Vs. THE COLLECTOR, YAVATMAL
HIGH COURT OF BOMBAY (AT: NAGPUR)
Dr. Laxman Vitthalrao Deshmukh ...
The Collector, Yavatmal And 2 Ors
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(1.) This appeal questions legality and correctness of the Award passed in Land Acquisition Case No. 175 of 2004 by the Civil Judge, Senior Division, Darwha on 5 th April 2006 on the ground that lesser compensation has been granted.
(2.) The land of original owner Vitthal Nagorao Deshmukh was compulsorily acquired for Arunavati River Projection. Section 4 notification of the Land Acquisition Act was published on 6.3.1996. The Land Acquisition Officer granted compensation for the acquired land @ Rs. 14,000/- per hectare which was enhanced by the Reference Court in reference application filed under Section 18 of the Land Acquisition Act to Rs. 35,000/- per hectare. During the course of acquisition proceedings, the original land owner expired and those proceedings were pursued on his behalf by his two wives i.e. Sumitrabai and Vimalbai. Vimalbai filed reference application jointly with her son and daughter. Sumitrabai had claimed 60% of share while Vimalbai claimed 40% share in the compensation to be granted by the Reference Court about which there is no dispute. The Reference Court while enhancing the rate of compensation, considered the sale instances vide Exhibits 32 and 33 situated at Digras, District Yavatmal and taking into consideration the distance between the acquired land and the lands involved in Exhibits 32 and 33, determined the compensation for the acquired land to be at Rs. 35,000/- per hectare. Not being satisfied with the same, appellants - branch of Vimalbai are before this Court.
(3.) I have heard Shri S. U. Nemade, learned counsel for the appellants; Shri Harshal Dube, learned Assistant Government Pleader for respondents no. 1 and 2 as also Shri Amol Patil, learned counsel for respondent no. 3. I have gone through the record and proceedings including the impugned judgment and order.;
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