LAWS(BOM)-2023-1-18

MAHARASHTRA INDUSTRIAL DEVELOPMENT Vs. RAVINDRA

Decided On January 04, 2023
Maharashtra Industrial Development Appellant
V/S
RAVINDRA Respondents

JUDGEMENT

(1.) The present appeal is listed for final hearing along with cross-objection bearing No.24 of 2020 for enhancement of the compensation. Appellant as well as Cross-objector both have challenged the award passed by the reference Court i.e. by 2nd Ad-hoc Additional District Judge, Amravati dtd. 30/4/2005. The appeal as well as Cross-objection is taken up for final hearing.

(2.) Heard Mr. Sagdeo, learned counsel holding for Mr. M. M. Agnihotri, learned counsel for the appellant, Mr. Vinay Dahat, learned counsel for the original claimant/respondent No.1 and Ms. Shamsi Haider, learned AGP for respondent Nos.2 and 3.

(3.) It is undisputed that in the cases of acquisition of land pursuant to the same Notification under Sec. 4 of the Land Acquisition Act, 1894 published on 15/4/1997 and for the same project, the Corporation has amicably worked out the amount of compensation with another claimants during the Lok-Adalat. The copy of award dtd. 4/10/2009 drawn up by the Lok-Adalat and the compromise memo singed by both the parties are placed on record. As per the terms of compromise, the Corporation agreed to pay compensation at the rate of Rs.2,25,000.00 per hectare inclusive of all statutory benefits for the lands situated at Wagholi, Tahsil and District Amravati. It is undisputed that the land which is the subject matter of present matter is also situated at Wagholi, Tahsil and District Amravati.