Judgment FA-1127-2023 J..odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.1127 OF 2023 APPELLANT (On R.A.) : Vidarbha Irrigation Development Corporation, through Executive Engineer, Bembla Canal Project, Yavatmal, District : Yavatmal (Org. - R - 3 & 4) ... VERSUS… RESPONDENTS (On R.A.) 1. Smt. Chaguna@ Laxmi Ramaji Kambale, Aged: 64 years, Occu.: Agriculturist, Resident of Ward No. 5, Ralegaon, Tahsil : Ralegaon, Dist. Yavatmal (Org. - Appellant) 2. State of Maharashtra, Through Collector, Yavatmal (Org. - R - 1) 3. Special Land Acquisition Officer, Bembla Project, Yavatmal, Taluka & Dist: Yavatmal (Org. - R - 2) ---------------------------------------------------------------------------------------------- Mr. S.S. Kalbande h/f. Mr. C.J. Dhumane, Advocate for Appellant. Mr. H.J. Khandwani, Advocate for Respondent No.1 (Appointed) Mr. B.M. Lonare, AGP for Respondent/State. ---------------------------------------------------------------------------------------------- CORAM : PRAVIN S. PATIL , J . DATE : 17/09/2026 ORAL JUDGMENT : 1. Heard. With the consent of learned counsels appearing for the respective parties, the matter is taken up for final disposal. 2. In the present appeal, the challenge is to the judgment and award dated 15.04.2019 passed by the learned Joint Civil Judge Senior Pvf 2026:BHC-NAG:12471 Judgment FA-1127-2023 J..odt 2 Division, Yavatmal, in Reference bearing L.A.C. No.825 of 2012, by which the learned Reference Court has enhanced the compensation at the rate of Rs.3,21,000/- per hectare. 3. The undisputed facts in the present appeal, are as under :- 4. The respondent No.1 is the owner of land admeasuring 0.90 H.R. out of Gat No.126 of village Raveri, Taluka Ralegaon, District Yavatmal. By notification dated 08.09.2005 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”), the land of respondent No.1 bearing Gat No.126 admeasuring 0.90 H.R of village Raveri, Taluka Ralegaon, District Yavatmal, was acquired for the purpose of main canal of Bembla Project. In the said land acquisition, the Special Land Acquisition Officer, passed an award dated 12.04.2007 and awarded compensation at the rate of Rs.91,323/- per hectare. 5. The respondent No.1 being dissatisfied with the compensation awarded by the learned Special Land Acquisition Officer, has preferred a Reference before the learned Civil Court, by raising various grounds. 6. According to respondent No.1, the acquired land was a well fertile land, having black soil and high yield capacity. She further stated that she used to take crops of cotton, soyabean, tur and her net income Pvf Judgment FA-1127-2023 J..odt 3 from the land was more than Rs.1,00,000/- per year per acre. On the basis of these submissions, she has claimed the enhancement of compensation at the rate of Rs.3,75,000/-. 7. The respondent No.1, in support of her submission, has adduced her oral evidence vide Exh.20. Respondent No.1 has placed on record the soil testing report which establishes that the land which was acquired was of superior quality. Respondent No.1 has also relied upon the judgment delivered by the learned Reference Court of village Raveri, Taluka Ralegaon, District Yavatmal, in which the land was acquired for the same purpose. Therefore, claimed for enhancement of compensation. 8. It is pertinent to note that the present appellant did not entered into the witness box to establish their stand, nor it is pointed out that the amount determined by the learned Land Acquisition Officer, is correct and proper. The judgment passed by the learned Reference Court, in L.A.C. No.846 of 2012, was filed on record by respondent No.1 vide Exh.22, was also not disputed in the subject matter. 9. It is further pertinent to note that respondent No.1 has placed before the learned Reference Court, taluka map, village map and other documents to establish her claim. But, the same was not rebutted Pvf Judgment FA-1127-2023 J..odt 4 by the appellant either in the cross-examination or by leading the evidence. 10. In the light of this factual position, it is submitted that the learned Reference Court relied upon the oral evidence of respondent No.1 and taken into consideration the judgment delivered in another reference proceedings whereby, the market value had been determined at the rate of Rs.3,21,000/- per hectare. As such, by considering the fact that the land of respondent No.1 is of same fertility and potentiality, awarded the compensation at the rate of Rs.3,21,000/- per hectare. According to respondent No.1, considering the findings recorded by the learned Reference Court, there is no need of any interference of this Court in the matter. The judgment of the learned Reference Court, is just and proper. 11. In the present matter, after considering the arguments advanced by the learned counsel for the appellant as well as the impugned judgment and the record, I am satisfied that the learned Reference Court has rightly considered all the relevant factors, which are made available by way of the oral as well as documentary evidence on record. Therefore, it is not a case of any interference in the matter. Considering the reasons recorded by the learned Reference Court in the Pvf Judgment FA-1127-2023 J..odt 5 matter, the impugned judgment and awarded passed by the learned Reference Court, is hereby confirmed. The present appeal being devoid of merits and same stands dismissed with no order as to costs. 12. It is made clear that respondent No.1 is entitled to withdraw the entire amount of compensation along with all statutory benefits, which has been awarded by the learned Reference Court as per its judgment dated 15.04.2019. (PRAVIN S. PATIL , J . ) 𝒫𝓇𝒾𝓋𝑒𝓁 Pvf