Pandit Laxman Chaval v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.2675/2015 Pandit Laxman Chaval Age 47 yrs, Occ-Agri R/o Village Wanjola, Tq.

Mantha, Dist.Jalna FIRST APPEAL NO.2676/2015 Vijay Vishnupant Chaval Age 56 yrs, Occ-Agri Vishal Vishnupant Chaval Age 53 yrs, Occ-Agri

-2FIRST APPEAL NO.2677/2015 Baban Mokindrao Kapse Age 58 yrs, Occ-Agri

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FIRST APPEAL NO.2678/2015 Subhadrabai Panditrao Chaval Age 45 yrs, Occ-Agri ...

FIRST APPEAL NO.2679/2015 Sopan Jijabhau Ghodake Age 75 yrs, Occ-Agri

-4FIRST APPEAL NO.2680/2015 Dnyanoba Baburao Chaval Age 60 yrs, Occ-Agri

-5FIRST APPEAL NO.2681/2015 Babasaheb Sitaram Chaval Age 40 yrs, Occ-Agri FIRST APPEAL NO.2682/2015 Swapanil Sampatrao Chaval Age 22 yrs, Occ-Agri

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FIRST APPEAL NO.2713/2015 Rameshwar Sampatrao Chaval Age 24 yrs, Occ-Agri

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FIRST APPEAL NO.2714/2015 Vasant s/o Sakharam Chaval Deceased L.Rs.) Kushvartabai w/o Vasantrao Chaval Age 65 yrs, Occ-Agri Sarjerao s/o Vasantrao Chaval Age 31 years, Occ-Agril Kunta w/o Subhashrao Golekar Age 50 yrs, Occ-Agril 4] Gangubai w/o Ranjitrao Gat Age 55 yrs, Occ-Agril 5] Lata w/o Govindrao Gajmal Age 50 yrs, Occ-Agri.

6] Savita w/o Vinayakrao Zakane Age 36 yrs, Occ-Agri.

All above appellants resides at village Wanjola, Tq. Mantha, Dist.Jalna .. Appellants

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Shri Deepak M. Kakade,Adv. For appellants Shri P.N.Kutti,AGP for respondent no.1 and 2 Shri P.R.Tandale,Adv.

For respondent no.3 (In F.A.Nos.2675,2677,2679,2713 of 2015).

Shri Ruturaj C. Patil,Adv. For respondent no.3 (in F.A.Nos.2678,2680,2681,2682.

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CORAM : S.V.GANGAPURWALA,J.

DATED : 20TH OCTOBER, 2015 PER COURT :- The learned counsel for the appellants submits that this Court vide order dated 14/10/2015 in First Appeal No.256/15 with connected matters has already decided about the valuation of the land situated at village Wanjola and acquired vide notification dated 13/7/1995 for Lower Dudhna Project wherein this Court has fixed compensation for jirayat land at the rate of Rs.1500/- per R, for seasonally irrigated land at the rate of Rs.1800/- per R and for perennially irrigated land at the rate of Rs.2100/- per R. The respective counsel for the acquiring body and the learned AGP accepts the said fact.

For the reasons recorded in the judgment dated 14/10/2015 in First Appeal No.2561/15 with connected appeals, I pass following

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4] Considering the above, the appeals are partly allowed. The judgment and award passed by the Reference Court is modified to the extent that the respondents are jointly and severally liable to pay compensation to appellants at the rate of Rs.1500/-per R for Jirayat lands, Rs.1800/- per R for Seasonally irrigated lands and Rs.2100/- per R for perennially irrigated lands as categorized by the Reference Court in the award. The rest of the statutory benefits awarded by the Reference Court upheld and maintained.

5] The appellants shall not be entitled for the statutory benefits in respect of the delayed period while filing appeals. In the event the appellants have paid less court fees, then the appellants shall pay the deficit court fees accordingly.

[S.V.GANGAPURWALA,J.] umg/