LAWS(BOM)-2008-1-385

ANUSAYABAI KHUSHAL DAMBHORE Vs. COLLECTOR

Decided On January 29, 2008
Anusayabai Khushal Dambhore Appellant
V/S
COLLECTOR Respondents

JUDGEMENT

(1.) Heard Shri Patil, learned counsel for the appellants and Shri Mandpe, learned Assistant Government Pleader for the respondents.

(2.) By these appeals, the land owners are seeking enhancement in the amount of compensation awarded for their acquired lands. Reference under Section 18 of the Land Acquisition Act, has been decided by Court of Additional District Judge, Yavatmal, on 10.3.1989. Both the learned counsel i.e. Shri D.G. Patil, learned counsel for the appellants and Shri Mandpe, learned Assistant Government Pleader for the respondents point out that this judgment of Reference Court is common in about five Land Acquisition Reference Cases and First Appeal No. 222 of 1989 arising from Land Acquisition Case No. 8 of 1981 from said group is already partly allowed by this Court vide its judgment dated 6.12.2005.

(3.) In this background, I have heard both the learned counsel. First Appeal No. 461 of 1991 is against the adjudication in Land Acquisition Case No. 7 of 1981 while First Appeal No. 462 of 1991 is against adjudication in Land Acquisition Case No. 5 of 1981. Both these cases are decided along with Land Acquisition Case No. 8 of 1981 against which First Appeal No. 222 of 1989 was filed by land owner and has been partly allowed as mentioned above. All these lands are from village Yelabara and have been acquired for making provision for project affected persons by Notification under Section 4 issued on 22.7.1976. The award has been declared on 31.7.1979. The position, therefore, is identical in all matters and on the basis of same evidence, the reference Court has decided the matters. Very same evidence has been considered even by this Court and First Appeal No. 222 of 1989 has been partly allowed on 6.12.2005. This Court has enhanced compensation to Rs.3,000/- per Acre or Rs.7,500/- per Hectare. In view of this position, it is apparent that it is not possible to take any other view as present appellants / land owners are also entitled to enhancement compensation accordingly. This compensation payable to land owners is determined at Rs.3,000/- per Acre or Rs.7,500/- per Hectare and additional amount becoming payable to the appellants as per this position shall be paid to them within six months from today.