210-J-FA-1399-13,XOB-5-23 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FIRST APPEAL NO.1399 OF 2013 WITH CROSS OBJECTION NO.05 OF 2023 Vidarbha Irrigation Development Corporation, Through its Executive Engineer, Bembala Project Division, Yavatmal … Appellant -vs- 1. Kamlabai Narayanrao Pawar, Aged about 63 years, r/o Pimpalkhuta Tq. Babhulgaon, District Yavatmal. 2. The State of Maharashtra, Through the Collector, Yavatmal Tq. And District Yavatmal 3. The Special Land Acquisition Officer, Bembala Project, Yavatmal … Respondents Shri Vinay Dahat, Advocate for appellant. Shri R. S. Nagpure, Advocate for respondent No.1. Smt Hemlata S. Dhande, Assistant Government Pleader for respondent Nos.2 and 3. CORAM : SUSHIL M. GHODESWAR, J. DATED : 22nd July, 2026 Oral Judgment : Heard. By this appeal, the appellant is challenging the judgment and award dated 30/04/2011 passed by the Reference Court in L.A.C. No.591/2006, whereby the learned Reference Court has enhanced the 2026:BHC-NAG:9505 210-J-FA-1399-13,XOB-5-23 2/4 compensation at the rate of Rs.800/- per sq. meter for open plot admeasuring 102.60 sq. meter and at the rate of Rs.2100/- per sq. meter for constructed area of house admeasuring 94.44 sq. meter in respect of house property bearing plot No.50 situated at Pimpalkhuta, Tq. Babhulgaon, District Yavatmal. 3. At the outset, learned counsel for the parties submit that in First Appeal No.1397/2017 arising out the same Notification under Section 4 of the Land Acquisition Act, 1894 pertaining to same village, this Court has enhanced the rate of Rs.800/- per sq. meter for open plot and Rs.2600/- per sq. meter for constructed area. 4. Shri R. S. Nagpure, learned counsel for respondents/claimants submitted that before the Reference Court Valuation Report was submitted and as per said report, rate of Rs.750/- per sq. meter for open plot was claimed. According to him, the Reference Court did not consider the said Valuation Report in proper perspective and has granted lessor compensation in respect of constructed area. He therefore prayed for enhancement of compensation at the rate of Rs.2541/- per sq. meter for constructed area as against rate of Rs.2100/- per sq. meter as granted by the Reference Court. 210-J-FA-1399-13,XOB-5-23 3/4 5. Shri Dahat, learned counsel for the appellant vehemently opposed the enhancement of compensation and submitted that the rate granted by the Reference Court i.e. Rs.2100/- per sq. meter is just and fair and the same may be maintained. 6. After hearing the learned counsel for the parties and going through the record available with this Court, it would be appropriate to maintain rate of Rs.800/- per sq. meter for open plot. However, as it is observed that Reference Court has not considered the Valuation Report and the evidence put forth in proper perspective, grant of enhanced compensation at the rate of Rs.2541/- per sq. meter towards constructed area in respect of house property bearing plot No.50 situated at Pimpalkhuta, Tq. Babhulgaon, District Yavatmal will meet the ends of justice. 7. In that view of the matter, First Appeal is partly allowed by maintaining the rate of Rs.800/- per sq. meter granted by the Reference Court for open plot admeasuring 102.60 sq. meter and granting enhancement of compensation at the rate of Rs.2541/- per sq. meter towards constructed area in respect of house property bearing plot No.50 situated at Pimpalkhuta, Tq. Babhulgaon, District Yavatmal. 210-J-FA-1399-13,XOB-5-23 4/4 8. Rest of the judgment and award dated 30/04/2011 in L.A.C. No.591/2006 is maintained. 9. Cross-objection is partly allowed in above terms. 10. The appellant-VIDC is directed to deposit the amount of enhanced compensation with interest at the rate of 9% per annum from 30/11/2022 till deposit in this Court within a period of six weeks from today. 11. After deposit of such amount, the claimants are permitted to withdraw the entire amount of compensation in accordance with law subject to satisfaction of the Registrar (Judicial) of this Court. 12. No order as to costs. (SUSHIL M. GHODESWAR, J.) Asmita