Mishrilal Jagansingh Rathod Died Thr Lrs Rajmal Mishrilal Rathod And ORS v. The Special Land Acquisition Officer 1 Utph Jalgaon And ANR
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD FIRST APPEAL NO. 3132 OF 2024 BALU BALPAT VANJARI
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER 2 UTPH JALGAON AND ANR AND FIRST APPEAL NO. 3133 OF 2024 ARJUN ZIPARU MAHAR (DIED) THR LRS SAKUBAI ARJUN TAYADE AND ORS
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER 1 UTPH JALGAON AND ANR AND FIRST APPEAL NO. 3134 OF 2024 MISHRILAL JAGANSINGH RATHOD DIED THR LRS RAJMAL MISHRILAL RATHOD AND ORS
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER 1 UTPH JALGAON AND ANR AND FIRST APPEAL NO. 3135 OF 2024 NIWRUTTI NAMDEO KOLI DIED THR LRS GOPAL KAILASGEER GOSAVI AND ANR
VERSUS
THE STATE OF MAHARASHTRA AND ANR ...
Mr. Vijay Y. Patil, Advocate for Appellants.
Mr. V. S. Badakh and Mr. D. B. Bhange, AGPs for RespondentsState. Mr. D. D. Pokharkar, Advocate for Respondent No.2. ...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 04th FEBRUARY, 2025.
P.C.:- 1.
Heard the learned counsel appearing for the parties.
(2) 2.
The learned counsel for the appellants-original claimants submits that these matters can be disposed of in terms of the order dated 20.10.2023 passed in First Appeal No.3331 of 2023 and order dated 19.10.2023 passed in First Appeal No.5165 of 2017 along with connected matters.
3.
The learned counsel for the respondent-acquiring body has placed on record a chart dated 28.01.2025 regarding Waghur Project whereby instructions are received that the amount of compensation be accepted at Rs.2,00,000/- for Jirayat land. The said chart is taken on record and same is marked as 'X' for identification purpose.
4.
In terms of the order dated 20.10.2023 passed in First Appeal No.3331 of 2023 and order dated 19.10.2023 passed in First Appeal No.5165 of 2017 along with connected matters and also in view of the chart dated 28.01.2025, which is in conformity with the order dated 19.10.2023 passed in First Appeal No.5165 of 2017 and the submissions of the learned counsel appearing for the acquiring body, the following order is passed :
ORDER
a.
The award of the Reference Court is modified to the extent of Jirayat land and the appellants are granted compensation of Rs.2 lacs per hectare to the Jirayat land.
b.
Remaining compensation and interest would be worked out accordingly by the Executing Court. Other statutory benefits would also be worked out by the Executing Court.
c.
Needless to state that appellants-claimants would not be entitled for statutory benefit and interest for the delayed period.
(3) d.
Award be modified accordingly. First Appeals are disposed of.
(S. G. CHAPALGAONKAR) JUDGE Devendra/February-2025