Gurappa Sangappa Rodage v. State Of Maharashtra Through Collector Latur

10 fa.633.01 n fa636.01.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION FIRST APPEAL NO.: 633 OF 2001 GURAPPA SANGAPPA RODAGE, DIED THROUGH LRS.

GANGABAI GURAPPA RODGE AND ANOTHER

VERSUS

STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR WITH FIRST APPEAL NO.: 636 OF 2001 NARSING SANTRAM DHANEGAVE

VERSUS

STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR ...

Advocate for Appellants : Mr. V. G. Sakolkar. AGP for Respondent / State : Mr. G. O. Wattamwar. ...

CORAM :

P. R. BORA, J.

DATE :

03rd August, 2016.

ORDER:

.

The learned counsel for the Appellants and the learned AGP appearing for Respondent / State have jointly submitted that the present appeals can be disposed of in terms of the order passed by this Court on 31st March, 2009, in First Appeal Nos.85, 87 and 88 of 2000. The learned counsel submitted that the present two appeals are arising out of the same acquisition proceedings. It is further brought to my notice that subsequently in First Appeal No.597 of 2001, which was also arising out of the same acquisition proceedings, this Court has

10 fa.633.01 n fa636.01.odt adopted the judgment delivered by this Court in First Appeal Nos.85, 87 and 88 of 2000 on 31st March, 2009. Copies of both the aforesaid judgments are placed on record.

In view of the fact that the present appeals are also arising out of the same acquisition proceedings, I do not see any reason to take any contrary view than taken by this Court in the earlier two judgments referred to hereinabove. Hence the following order :

O R D E R

I.

Both the aforesaid appeals are partly allowed. II.

The judgment and award passed by the Reference Court dated 15th October, 1999, is modified to the extent that the Appellants are entitled to compensation in respect of acquired land @ Rs.23,000/- per Acre.

III.

Needless to state that the Appellants are entitled to other statutory benefits as per the amended provisions of the Land Acquisition Act.

IV.

No order as to the costs.

[ P. R. BORA, J. ] ndm