Bhagwag Bhimrao Dure v. The State Of Mah And ORS

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 FIRST APPEAL NO.352 OF 2000 .

Bhagwat Bhimrao Dure Age: 54 years, Occu.: Agriculture, R/o.Ansurda, Tq. & Dist.Osmanabad.

..Appellant

VERSUS

1.

The State of Maharashtra (Through Collector, Osmanabad, Tq. & Dist.Osmanabad.) 2.

Dadarao s/o.Bhimrao Dure (Deceased) ..Respondents ...

Advocate for Appellant : Mr.P.S.Koshti AGP for Respondent No.1/State : Mr.S.P.Deshmukh ...

WITH FIRST APPEAL NO.353 OF 2000 WITH FIRST APPEAL NO.354 OF 2000 ...

CORAM : M.S.SONAK, J.

DATE :

8th FEBRUARY, 2018 ORAL JUDGMENT:- 1) Heard Mr.P.S.Koshi learned counsel for the appellants and Mr.S.P.Deshmukh learned counsel for the

( 2 ) respondent No.1.

2) By the Judgment and order just made i.e. on 8.2.2018, this Court has disposed of First Appeal No.350 of 2000. This First Appeal challenges the common Judgment and award dated 30.9.1999 dismissing the L.A.R.No.279 of 1991, L.A.R.No.271 of 1991, L.A.R.No.273 of 1991, L.A.R.No.274 of 1991, L.A.R.No.276 of 1991 and L.A.R.No.278 of 1991. The First Appeal No.350 of 2000 arose out of L.A.R.No.279 of 1991. The First Appeal No.352 of 2000 arises out of L.A.R.No.No.271 of 1991. The First Appeal No.353 of 2000 arises out of L.A.R.No.273 of 1991. The First Appeal No.354 of 2000 arises out of L.A.R.No.274 of 1991.

3) As noted earlier, even these Land Acquisition References were disposed of by the common Judgment and award dated 30.9.1999, which was the subject matter of First Appeal No.350 of 2000.

( 3 ) 4) Accordingly, for the reasons set-out in the Judgment and order dated 8.2.2018 disposing of the First Appeal No.350 of 2000, even these First Appeals are partly allowed and the compensation amount is determined @ Rs.20,000/- per Hectare. The appellants will be entitled to statutory benefits and interest on the enhanced amount.

5) There shall be no order as to costs.

6) The respondent is directed to compute the compensation as stated above and thereafter, deposit the compensation amount in this Court within a period of 12 weeks from today. Upon deposit, the appellants shall be entitled to withdraw the said amount, unconditionally. [M.S.SONAK, J.] SPT/910-FA 352 of 2000 & ors.