Mahendra Vitthal Patil And Others v. The State Of Maharashtra Through Its Principal Secretary And Others

( 1 ) 913 wp 385.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO.385 OF 2023 WITH WP/3742/2017 WITH CA/350/2019 WITH WP/7061/2018 MAHENDRA VITTHAL PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Kale Ajeet B. a/w. Ms. Sakshi Kale AGP for Respondents/State : Mr. S.K. Tambe Advocate for R/4 : Mr. A.D. Pawar & S.S. Chillarge in respective petitons Advocate for Intervenor : Mr. M.B. Nandgavale h/f. V.G. Sakolkar ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE :

4th November, 2023 P.C. :- 1.

We have heard the learned advocate for the respective sides. Issue is as regards whether the correct multiplier was used while assessing the compensation and resorting to the multiplier that was in operation in view of the notification dated 26.05.2015. The award has been delivered on 30.05.2019.

2.

The issue raised by the Petitioners finds an answer in the judgment delivered by this Court dated 21.07.2016 in Writ Petition No. 690/2016 (Shravan Kadu Bhoi V/s. The State of Maharashtra and Others).

( 2 ) 913 wp 385.23 3.

The learned advocate for the Petitioners submits that the Petitioners pray that the law laid down in Shravan Kadu Bhoi (supra), be made applicable and other remedies available under the statute be kept open. 4.

The learned AGP and the learned advocate for the Respondents agree that this petition be disposed off in the light of Shravan Kadu Bhoi (supra) and in that event if the Petitioners raise any issue under any statute, they may approach the appropriate forum.

5.

In view of the above, these petitions are disposed off by applying the law laid down in Shravan Kadu Bhoi (supra). The Respondents shall recalculate / reassess the compensation to be paid in terms of the multiplier '2'. 6.

Needles to state, the statutory remedy besides the above issue, if available to the Petitioners and they takes recourse to the same, the time spent by the Petitioners in this Court from filing of these petitions till the passing of this order, shall be a good ground for condonation of delay. 7.

Pending Civil Applications do not survive and stand disposed off. [Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub