VIDARBHA IRRIGATION DEVELOPMENT CORPORATION THROUGH ITS EXECUTIVE ENGINEER, BEMBALA PROJECT DIVISIO v. BABARAO CHAMPATRAO CHAUDHARY AND 2 OTHERS
XOB/38/2012 · 2026-06-17
Shri Sushil M Ghodeswar
body2012
DailyLaw.ai
[ 2012 DAILYLAW 2465 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2012 DAILYLAW 2465 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 / 3 365.fa701.2012 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 701 OF 2012 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION VS BABARAO CHAMPATRAO CHAUDHARY AND 2 OTHERS ------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders
Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------- Mr. Vinay Dahat, Advocate h/f Mr. J.B. Kasat, Advocate for appellant. Mr. H.D. Dubey, AGP for respondent Nos.2 & 3/State. Mr. A.B. Nakshane, Advocate for respondent No.1.
CORAM : SUSHIL M. GHODESWAR, J.
DATE : 17.06.2026
Mr. Dahat, learned counsel on behalf of Mr. Kasat, learned counsel for the appellant, Mr. Nakshane,
learned counsel for the respondent No.1 and Mr. Dubey, learned AGP for the respondent Nos.2 & 3/State.
2. Mr. Nakshane, has filed Cross-Objection No.38/2012, claiming compensation at the rate of Rs.2,50,000/- per hectare.
3. At the outset, Mr. Nakshane, learned counsel appearing for respondent No.1 and the cross-objector, pointed out that this Court in First Appeal No.288/2020, has considered and awarded compensation at the rate of Rs.2,10,000/- per hectare in respect of the land situated in Prity
2 / 3 365.fa701.2012 the same village i.e. Dighi, Tq. Babhulgaon, Dist. Yavatmal, which was acquired due to submergence under the Bembla River Project.
4. The land under consideration of this instant appeal is also falling under the same notification and deserves to be granted at the same rate.
5. Since this Court has already held that the lands situated in the same village are entitled to compensation at the rate of Rs.2,10,000/- per hectare for dry crop land, this Court is of the view that the said rate would also be applicable to the land involved in the instant appeal. Accordingly, I pass the following order :
O R D E R
The order passed by the Reference Court is required to be modified in terms of the cross-objection.
2. The appeal stands disposed of. Cross-Objection No.38/2012
The order passed by the learned reference Court is modified.
2. The respondents are directed to pay compensation at the rate of Rs.2,10,000/- per hectare for dry crop land in respect of the land bearing Gat No.192, Prity
3 / 3 365.fa701.2012 admeasuring 1.35 H.R., situated at Village Dighi, Tah. Babhulgaon, Dist. Yavatmal.
3. The remaining part of the impugned
judgment and award, including the grant of solatium and interest, is maintained. The appeal is disposed of in the aforesaid terms.
4. Since the compensation is now enhanced, the enhanced amount shall be deposited before this Court within a period of eight weeks.
[SUSHIL M. GHODESWAR, J] Prity