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Bombay High CourtFA/582/2013

Tukaram Somanna Mendgudale (Since Decased) Through Lrs Sharnavvabai Tukaram Mendgudale And ORS v. The State Of Maharashtra And ORS

2019-08-21Hon'Ble Shri Justice K.K. Tated2 pages

48.582.13-fa.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION First Appeal No.582/2013 with Civil Application No.3851/2016 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Dr. Ramdas P. Sabban for the Appellant Mr. A. R. Patil, AGP for the Respondent State Mr. Vilas B. Tapkir for Respondent No.3.

CORAM: K.K.TATED, J.

DATED : AUGUST 21, 2019 P.C.

Heard. By this First Appeal, the Appellant challenges the judgment and award dated 31.12.2001 passed by the Reference Court in LAR No.36/1995.

The learned counsel for the Appellant submits that the Reference Court has awarded compensation in respect of the acquired land admeasuring 1H 50R which is shown as Bagayat quality @ Rs.65000/- per hector and @ Rs.48750/- per hector for the acquired area of 4H 61R which is shown as jirayat quality. The learned counsel for the Appellant submits that in other LAR in which the land was acquired for Basavraj G. Patil 1/2

48.582.13-fa.odt the same Project from the same area, the acquiring body - Respondent No.3 decided to pay compensation @ Rs.2,65,130/- per hector.

The learned counsel for Respondent No.3 acquiring body submits that it is correct that the acquiring body, by letter dated 05.07.2019 agreed to pay the compensation in respect of the acquired land @ Rs.2,65,130/- per hector. The learned counsel for the Appellant as well as the acquiring body tendered consent minutes of order dated 21.08.2019 duly signed by both the parties along with letter dated 05.07.2019 issued by the Executive Engineer (MKVDC). Same is taken on record and marked "X" for identification.

The First Appeal stands disposed of in terms of the consent minutes of order dated 21.08.2019.

The consent minutes of order to be treated as part and parcel of the decree.

The Civil Application, if any, stands disposed of as infructuous.

(K.K.TATED, J.) Basavraj G. Patil 2/2