FA/124/2022 of EXECUTIVE ENGINEER, BEMBLA CANAL DIVISION, YAVATMAL Vs SHRI RASHTRAPAL SHANKAR FULZELE (DEAD) THROUGH LRS. SUREKHA RASHTRAPAL FULZELE AND OTHERS on 7 October 2026

ORAL JUDGMENT

1. Heard Ms I.P. Khisti, Advocate for appellant, Shri S.V. Ingole, Advocate for respondent Nos.1 to 3 and Shri M.A. Kadu, AGP for respondent Nos.4 and 5.

2. In the present appeal, challenge is to the judgment and award passed by the Joint Civil Judge Senior Division, Yavatmal, dated 04.06.2019 in L.A.C. No.114 of 2012, by which the learned Reference Court has awarded compensation at the rate of Rs.4,20,000/- per hectare.

3. At the outset, learned Counsel for the respondents- claimants has pointed out that arising out of the same notification and for the same project, one of the appeal was came up before this Court, bearing First Appeal No.262 of 2025. In the said appeal, this Court has considered the entire facts and the legal position and thereby determined the market value of seasonal irrigated land at the rate of Rs.6,30,000/- per hectare. According to the respondents, the land involved in the present appeal is a dry crop land, and therefore, the rate which has been granted by the learned Reference Court in the present matter is legal and correct.

4. In view of the submission of the respondents, I have perused the factual matrix involved in the matter. It is undisputed fact on the record that the dry crop land owned by the respondent No.1, admeasuring 0.41 HR out of Gat No.35 of village Mategaon, Taluka Kalamb, District Yavatmal, was acquired by the appellant for Bembla Project (Canal) vide notification issued under Section 4 of Land Acquisition Act dated 09.07.2006. The date of award in the present matter is 02.07.2007, whereby the Special Land Acquisition Officer has awarded compensation of Rs.63,000/- per hectare.

5. In First Appeal No.262 of 2025 which is decided by this Court, the land involved therein was also of the village Mategaon, which was acquired under the notification dated 09.07.2006. The land acquisition proceeding by which the award has been granted was dated 02.07.2007 for the Bembla Project (Canal). Hence, it is clear that this Court has already considered the market value of the land of village Mategaon by considering all the factors involved in the matter.

6. In the facts and circumstances, as this Court has already determined the market value of seasonal irrigated land at the rate of Rs.6,30,000/- per hectare, the land which is in question being a dry crop land, the respondents-claimants are entitled for the market value at the rate of Rs.4,20,000/- per hectare.

7. The learned Reference Court has rightly considered all the aspects involved in the matter and thereby awarded the just and fair compensation in favour of the respondents. Hence, there is no need of any indulgence in the present appeal.

8. Accordingly, the present appeal stands dismissed with no order as to costs.

9. The respondents have pointed out that they have already withdrawn the entire amount, and only amount which is remain to be withdrawn is of the interest, which is lying with the Registry of this Court. The same is permitted to be withdrawn by the respondent Nos.1 to 3 subject to satisfaction of the Registry of this Court.

10. The amount of costs of Rs.5,000/- deposited by the appellant in present appeal shall be diverted to the ‘Public Welfare Account’ bearing No.129712010001014, IFSC Code UBIN0812978, Union Bank of India, Branch High Court, Civil Lines, Nagpur.

(PRAVIN S. PATIL J.)

R.S. Sahare

Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 09/10/2026 18:01:41