VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, THROUGH ITS EXECUTIVE ENGINEER v. MANIK RAMJI GANJARE AND 2 OTHERS
FA/9/2013 · 2026-07-22
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DailyLaw.ai
[ 2013 DAILYLAW 2774 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2013 DAILYLAW 2774 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
202-J-FA-9-13 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.9 OF 2013 Vidarbha Irrigation Development Corporation, Through its Executive Engineer, Bembla Project Division, Taq & Dist. Yavatmal … Appellant -vs-
1. Manik Ramji Ganjare Aged : Major, Occ.- Agriculturist, R/o Nagargaon, Tq. Babhulgaon, Taq. & Distt. Yavatmal.
2. The State of Maharashtra, Through the Collector, Yavatmal,
3. The Special Land Acquisition Officer, Bembala Project, Yavatmal … Respondents Shri Kurani, Advocate h/f Shri Amol B. Patil, Advocate for appellant. Shri Dharaskar, Advocate for respondent No.1. Shri H. D. Dubey, Assistant Government Pleader for respondent Nos.2 and 3.
CORAM : SUSHIL M. GHODESWAR, J. DATED : 22nd July, 2026 Oral Judgment : Heard Shri Kurani, learned counsel for the appellant, Shri Dharaskar, learned counsel for respondent No.1/claimant and Shri H. D. Dubey, learned Assistant Government Pleader for respondent Nos.2 and 3. 2026:BHC-NAG:9503
202-J-FA-9-13 2/3
2. The appeal challenges the judgment of the Reference Court dated 30/09/2010 in L.A.C. No.177/2005, whereby the learned Reference Court has enhanced the compensation at the rate of Rs.650/- per sq. meter for open plot admeasuring 148 sq. meter and Rs.2900/- per sq. meter for constructed area admeasuring 35 sq. meter for plot No.78 from village Nagargaon.
3. Shri Kurani, learned counsel for the appellant-Corporation fairly tendered copy of judgment dated 24/11/2022 passed in First Appeal No.707/2011 (Vidarbha Irrigation Development Corporation, Thr. Executive Engineer, Bembla Project Division, Yavatmal vs. Nivrutti Deorao Toney and ors.) and submitted that in the matter arising out of the same notification pertaining to same village, this Court partly allowed the appeal filed by the appellant-Corporation thereby reducing the rate from Rs.650/- per sq. meter to Rs.500/- per sq. meter for open plot area and increasing the rate for the constructed area from Rs.2200/- per sq. meter to Rs.2300/- per sq. meter.
4. Drawing support from the aforesaid judgment, Shri Kurani,
learned counsel for the appellant submits that the present appeal can also be disposed of on the same line.
202-J-FA-9-13 3/3
5. In that view of the matter, the rate of Rs.650/- per sq. meter granted by the Reference Court for open plot admeasuring 148 sq. meter is reduced to Rs.500/- per sq. meter.
6. However, the rate of Rs.2900/- per sq. meter for constructed area admeasuring 35 sq. meter granted by the Reference Court for plot No.78 from village Nagargaon and rest of judgment dated 30/09/2010 in L.A.C. No.177/05 is hereby maintained.
7. First Appeal is partly allowed in aforesaid terms. No order as to costs.
(SUSHIL M. GHODESWAR, J.) Asmita