Bombay High CourtShamrao Laxman Navghare And ... vs The State Of Maharashtra Through ... on 2 December, 2022Bench: Avinash G. Gharote1              107.FA.846-2019 JUDGMENT.odt\n\n\n\n\n    IN THE HIGH COURT OF JUDICATURE AT BOMBAY\n              NAGPUR BENCH : NAGPUR\n\n              FIRST APPEAL NO. 846 OF 2019\n\n\n1. Shamrao Laxman Navghare\n2. Salunkabai Shamrao Navghare\n   Deceased Through Legal Heirs\n\n\n1. Ashok Shamrao Navghare\n   Age 50 Yrs. Occ. Agriculture\n\n\n2. Govind Shamrao Navghare,\n   Age 58 yrs. Occ. Agriculture\n\n\n3. Damodhar Shamrao Navghare\n   Age 53 Yrs. Occ. Agriculture\n\n\n4. Savita Shamrao Navghare\n   Age 45 Yrs. Occ. Household\n\n\n5. Lalita Shamrao Navghare\n   Age 45 Yrs. Occ. Household\n\n   All R/o. Ghuikhed, Tq. Chandur Rly.\n   District Amravati.                          APPELLANTS\n\n\n     Versus\n\n\n1. The State of Maharashtra,\n   Through     the   Collector,   Camp,\n   Amravati.\n                              2              107.FA.846-2019 JUDGMENT.odt\n\n\n\n\n 2. The Special Land Acquisition Officer,\n    Upper Wardha Project No.4, Amravati\n    Collector's Compound, Amravati, Tq.\n    & Dist. Amravati.\n\n\n 3. The Executive Engineer,\n    Bembla Project Division, Yeotmal,\n    Tq. & District Yeotmal.                     RESPONDENTS\n\n\n-----------------------------------------------\nMr. N.S. Bhelkar, Advocate for the Appellants.\nMs. Sangeeta Jachak, AGP for Respondent Nos. 1 & 2.\nMs. Mallika Babhulkar, Advocate for Respondent No.3.\n-----------------------------------------------\n\n\n                   CORAM : AVINASH G. GHAROTE, J.DATED    : 2nd DECEMBER, 2022.\n\nORAL JUDGMENT :-\n\n\n           Heard Mr.       Bhelkar, learned Counsel for theappellants, Ms. Jachak, learned AGP for the respondent Nos.1\n\nand 2/State and Ms. Babhulkar, learned Counsel for the\n\nrespondent No.3.2.         The factual position in the present appeal is as\n\nunder -3               107.FA.846-2019 JUDGMENT.odt\n\n\n\n\n            BEMBLA RIVER PROJECT, DISTRICT YAVATMAL\n\n DATE OF NOTIFICATION U/S 4 OF THE LAC ACT                       26.10.2005\n\n Property         Area of property       LAO Award Dated         Ref. Court\n details                                   06.09.2008           Award Dated\n                                                                 26.07.2016\n\n Plot No:303      Plot Area : 119 Rs.140/- per                Rs.500/- per\n Village:         Sq.mtr.         Sq.mt                       Sq.mtr.Ghuikhed\n Tahsil           Construction:          Rs.3551/-    per Rs.4794.80/-\n Chandur          100 Sq.mtr.            Sq. mtr.         per Sq. mtr.\n Railway\n District :Amravati3.             The appeal challenges the judgment of the learned\n\nReference Court dated 26.07.2016,              whereby         the        learned\n\nReference Court has enhanced the compensation for the open\n\nplot to Rs.500/-per sq.mtr. and has granted compensation for\n\nthe constructed area at the rate of Rs.4794.80/- per sq.mtr., in\n\nrespect of plot No.303 as detailed above.4.             In First Appeal No. 1378/2018 (Sharad Gangadhar\n\nGulhane Vs. State of Maharashtra & Ors.) and First Appeal No.\n\n389 of 2018 (Lilabai Omkarrao Giri and others Vs. State of\n\nMaharashtra & Ors.) decided on 06.09.2021, this Court, while\n                                4             107.FA.846-2019 JUDGMENT.odt\n\n\n\n\nconsidering the claim for enhancement of compensation in\n\nrespect of plots at Village Ghuikhed had decided the\n\ncompensation to Rs.575/- per sq.mtr. The fixing of the said rate,\n\nof open plot, was based upon the fact that the said Village is\n\nlocated on the border of the State Highway i.e. Aurangabad -\n\nNagpur Highway, about half kilometer from the highway, from\n\nthere is an approach road to the Village and considering the sale\n\ndeed dated 30.03.1995 of the same village, the compensation\n\nwas enhanced considering the escalation / increase per year for\n\na period of 10 and half years and the aforesaid rate of Rs.575/-\n\nper sq.mtr. for open plot has been fixed.5.          In the instant matter, no material, has been brought\n\nto my notice existing on record, for me to take a different view\n\nthan what has been already taken by this Court in First Appeal\n\nNo. 1378/2018 (Sharad Gangadhar Gulhane Vs. State of\n\nMaharashtra & Ors.) (Supra).6.          The evidence of PW-2 Chandrashekhar Wankhade at\n\nExh.34 the valuer, who claims the market rate to be Rs.1,000/-\n\nper sq.mtr. for open plot, would demonstrate, that he has not\n                                5             107.FA.846-2019 JUDGMENT.odt\n\n\n\n\ninquired about any sale instance, from the same Village or from\n\nthe neighboring Village, in order to arrive at the rate as been\n\nquoted in his report at Exh. 35. He further, admits in his\n\ncross-examination that for the purpose of determining the value\n\nof the plot, the value of the neighboring properties, has to be\n\nascertained, which has not been done by him, neither he has\n\ninquired from the Gram Panchayat, when the construction has\n\nbeen made, apart from which, there is nothing in his report or\n\non record to indicate the nature of the construction. However,\n\nthe rate awarded by the learned Reference Court cannot be\n\ninterfered with, though it appears to be on the higher side, as\n\nthere is no cross appeal by the acquiring body regarding the rate\n\nof construction as awarded by the learned Reference Court.7.          That being the position, in view of the rate of open\n\nplot for Village Ghuikhed, having already being determined by\n\nthis Court at Rs.575/- per sq.mtr., the appellant, would only be\n\nentitled to that benefit and nothing else.8.     Insofar as the rate for construction is concerned, though\n\nPW-2 Chandrashekhar has claimed Rs. 15,000/- per sq.mtr. in\n                                  6              107.FA.846-2019 JUDGMENT.odt\n\n\n\n\nhis report, again his report suffers from lack of material for\n\narriving   at   this   rate,   considering   which,      the      rate         for\n\nconstruction as granted by the learned Reference Court, though\n\non the higher side cannot be interfered, in view of the fact, that\n\nthere is no appeal or cross objection by the respondent No.3 and\n\ntherefore, needs no interference.9.          In the result, the appeal is partly allowed and the\n\nimpugned judgment under reference is modified by enhancing\n\nthe rate of open plot as granted by the learned Reference Court\n\nat Rs.500/- per sq.mtr. to Rs.575/- per sq.mtr, as held in Sharad\n\nGangadhar Gulhane (supra). Rest of the judgment of the\n\nlearned Reference Court is maintained.10.         The difference in the amount of compensation and\n\nall ancillary benefits arising therefrom as per the provisions of\n\ntheLand Acquisition Act, as applicable thereto be calculated\n\nand deposited in the Reference Court within a period of eight\n\nweeks from today. The difference in court fees, if any, shall also\n\nbe deposited by the appellant with this Court within eight\n\nweeks.7              107.FA.846-2019 JUDGMENT.odt11.          The First Appeal is partly allowed in the above\n\n                                terms. No costs.12.          Pending applications, if any, shall stand disposed of\n\n                                accordingly.( AVINASH G. GHAROTE, J.)\n\n\n\n                                S.D.Bhimte\n\n\n\n\nSigned By:SHRIKANT\nDAMODHAR BHIMTE\n\n\nSigning Date:06.12.2022 17:55