VIDARBHA IRRIGATION DEVELOPMENT Vs. DIGAMBAR BALWANTRAO KADU

JUDGEMENT

(1.) Appellant-Vidarbha Irrigation Development Corporation, Upper Wardha Canal Division No.3, Dhamangaon Railway, District Amravati (For short, 'VIDC') has preferred instant appeal under Sec. 54 of the Land Acquisition Act, 1894, being aggrieved by judgment and award dtd. 2/6/2011 passed by Jt. Civil Judge Senior Division, Amravati in Land Acquisition Case No. 84/2000.

(2.) The facts necessary to decide the appeal are as under. VIDC has acquired 1.20 HR land belonging to the respondent nos.1 to 8 (original claimants) for constructions of canal at mouza Warud (Bagaji), Dhamangaon Railway, District Amravati. The Land Acquisition Officer passed an award dtd. 13/7/1998 and granted compensation at the rate of Rs.21,000.00 per hectare. The respondent nos.1 to 8 filed reference before the trial court seeking enhancement of compensation at the rate of Rs.1,00,000.00 per hectare.

(3.) Learned counsel for the appellant has invited my attention to the award passed by the trial court. It has noted sale instances at Exhs.-37 and 38, which are dtd. 21/4/1994 and which show that market value of the dry crop land was Rs.50,000.00 per hectare. The court has then taken note of the judgment and award dtd. 27/2/2008 passed by Second Ad hoc Additional District Judge below Exh.-39 in Land Acquisition Case No.77/2000 and considering the fact that the land was having perennially irrigation facilities, granted compensation at the rate of Rs.1,25,000.00 per hectare. The trial court noted the aforesaid facts to arrive at a conclusion that the dry crop land would fetch the rate of Rs.60,000.00 per hectare whereas irrigated land would fetch the rate at Rs.1,25,000.00 per hectare.