Dashrath Sadashiv Shakkarge (Died) By Lrs Tejarao And ORS v. The State Of Maharashtra And ORS
19-FAs.863-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD FIRST APPEAL NO.863 OF 2019 Khwajamiya s/o. Abdulsaab ..Appellant vs.
The State of Maharashtra and ors.
..Respondents -- Mr.G.N.Chincholkar, Advocate for appellant Mr.A.M.Phule, AGP for respondent nos.1 and 2 Ms.S.D.Shelke, Advocate for respondent no.3 -- AND FIRST APPEAL NO.2085 OF 2015 Jaiprakash Malikarjun Rakte ..Appellant vs.
The State of Maharashtra and ors.
..Respondents -- Mr.G.N.Chincholkar, Advocate for appellant Mr.P.M.Kulkarni, AGP for respondent nos.1 and 3 Mr.Anand Chawre, Advocate for respondent no.2 -- AND FIRST APPEAL NO.325 OF 2018 Kashinath s/o. Viswanath Rakte ..Appellant vs.
The State of Maharashtra and ors.
..Respondents -- Mr.G.N.Chincholkar, Advocate for appellant Mr.A.M.Phule, AGP for respondent nos.1 and 3 Ms.Sunita Shelke, Advocate for respondent no.2 -- AND
FIRST APPEAL NO.2016 OF 2021 Nagorao Masna Susturphode ..Appellant vs.
The State of Maharashtra and ors.
..Respondents -- Mr.G.N.Chincholkar, Advocate for appellant Mr.A.M.Phule, AGP for respondent nos.1 and 3 Mr.Sham Patil, Advocate for respondent no.2 -- AND FIRST APPEAL NO.1884 OF 2021 Dashrath Sadashiv Shakkarge (died) through L.Rs. Tejarao s/o. Dashrath Shakkarge and ors.
..Appellants vs.
The State of Maharashtra and ors.
..Respondents -- Mr.G.N.Chincholkar, Advocate for appellant Mr.A.M.Phule, AGP for respondent nos.1 and 2 Mr.Sham Patil, Advocate for respondent no.3 -- CORAM : R.G. AVACHAT, J.
DATE : SEPTEMBER 29, 2021 ORDER :- Learned counsel for the parties are at ad idem that similar order, as has been passed in First Appeal No.812 of 2021 (Sheshabai Kashinath Panchade Vs. The State of Maharashtra and ors.) and connected appeals on 31st August, 2021 and in First Appeal No.3133 of 2009 (Sangamnath s/o. Mahadappa Panchade vs. The State of Maharashtra and ors.) and connected matters on 16.01.2019, may be passed in the present appeals.
2.
In view of the above, the following order is passed :- (i) The appeals are partly allowed.
(ii) In First Appeal Nos.863 of 2019 and 2016 of 2021, since the acquired lands are dry, the appellants/claimants be paid compensation at the rate of Rs.1,25,000/- per hectare. (iii) In First Appeal No.2085 of 2015, out of the total acquired lands ad-measuring 3 H 90R from survey nos.69 and 4/B, for the lands ad-measuring 1 H 33 R which is perennially irrigated compensation be paid at the rate of Rs.2,50,000/- per hector; for the land ad-measuring 2 H 50 R which is dry land compensation be paid at the rate of Rs.1,25,000/- per hector; and for the land ad-measuring 7 R which is potkharab compensation be paid at the rate of Rs.62,500/- per hector. (iv) In First Appeal No.325 of 2018, out of the total acquired lands ad-measuring 4 H 33 R from G.Nos.
65/B/2 and 65/B/2, for the lands ad-measuring 4 H which is dry land compensation be paid at the rate of Rs.1,25,000/- per hector; and for the land admeasuring 0.33 R which is seasonally irrigated compensation be paid at the rate of Rs.1,87,500/- per hector. (v) In First Appeal No.1884 of 2021, out of the total acquired land ad-measuring 2 H 10 R from survey no.75/A, for the lands admeasuring 1 H 46 R which is dry land compensation be paid at the rate of Rs.1,25,000/- per hector; for the land ad-measuring 53 R which is perennially irrigated compensation be paid at the rate of Rs.2,50,000/- per hector; and for the land admeasuring 11 R which is is potkharab, compensation be paid at the rate of Rs.62,500/- per hector.
(vi) The respondents shall pay interest on the amount of compensation from the date of the award passed by the S.L.A.O. and not from the date of notification. (vii) The appellants shall not be entitled for interest or any other monetary benefits for the period of delay in filing these appeals. (viii) Rest of the terms of the impugned awards to stand unaltered. [R.G. AVACHAT, J.] KBP