Ananda Sonu Vanjari v. The Special Land Acq. Officer And ANR

2025:BHC-AUG:19979-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1913 OF 2023 Ananda Sonu Vanjari

VERSUS

The Special Land Acq. Officer And Anr Mr. A. B. Kale, Advocate for Appellant Mr. V. V. Tarde, Advocate for Respondent No. 2 Mr. S. N. Kendre, AGP for Respondent/State

CORAM

: R. M. JOSHI, J.

DATE : 28 July, 2025 PER COURT :- 1.

Learned counsel for both sides are unanimous to state that order dated 28.02.2024 passed in First Appeal No. 706/2007 and other connected First Appeals arise out of the same acquisition as in this Appeal. They also confirm the fact that Judgment of Division Bench of this Court in case of Special Land Acquisition Officer (III), Jalgaon Vs. Bhagwat Vithal Sonawane 2009 (4) Mh.L.J. 308 has application to the present case. 2.

However, according to learned counsel for Respondents, modification is required in the said order is that the appellant be entitled to receive the interest from the date of award.

3.

Learned counsel for appellant records no objection for such 5-FA-1913-2023.odt

modification. Hence, the following order :- i) Award of reference Court is modified and the compensation of Rs. 2,00,000/- (Two Lakhs) per hector is granted to the appellant since the land in question is irrigated land.

ii) As far as trees are concerned, claimants are entitled to receive compensation to the extent of 80% amount of valuation report.

iii) Claimants will be entitled for statutory benefits and interest on the enhanced amount of interest however shall be from the date of award till the realization of the amount. iv) It is clarified that the appellant would not be entitled to receive any interest for the period of delay caused in filing of the appeal.

4.

Award is modified according. Hence, First Appeal stands allowed in above terms.

(R. M. JOSHI, J.) bsj 5-FA-1913-2023.odt