Vijaymala Mahadeo Kavhale v. The State Of Maharashtra Through The Collector, Jalna And Others
2025:BHC-AUG:22976
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 948 FIRST APPEAL NO. 2128 OF 2023 Gulab Baburao Kavhale
VERSUS
The State Of Maharashtra Through The Collector, Jalna And Others 949 FIRST APPEAL NO. 2136 OF 2023 Shivaji Baburao Kavle
VERSUS
The State Of Maharashtra Through The Collector, Jalna And Others 950 FIRST APPEAL NO. 2137 OF 2023 Ankush Baburao Kavhale
VERSUS
The State Of Maharashtra Through The Collector, Jalna And Others 951 FIRST APPEAL NO. 2546 OF 2023 Ranjit Baburao Kavhale
VERSUS
The State Of Maharashtra Through The Collector, Jalna And Others 952 FIRST APPEAL NO. 2553 OF 2023 Paraji Madhavrao Kavhale
VERSUS
The State Of Maharashtra Through The Collector, Jalna And Others 953 FIRST APPEAL NO. 2555 OF 2023 Shivaji Kisanrao Kavle
VERSUS
The State Of Maharashtra Through The Collector, Jalna And Others 954 FIRST APPEAL NO. 2556 OF 2023 Vashishta Kisanrao Kavle
VERSUS
The State Of Maharashtra Thr The Collector, Jalna And Ors
955 FIRST APPEAL NO. 2557 OF 2023 Vijaymala Mahadeo Kavhale
VERSUS
The State Of Maharashtra Through The Collector, Jalna And Others Mr. More Kumar Gaurav M, Advocate for Appellants Ms. C. R. Choudhari, Advocate for Respondent No. 3 Mr. K. S. Hoke Patil, Mr. K. B. Jadhav, Mr. P. D. Patil, Mr. S. N. Kendre, Ms. R. R. Tandale, Mr. S. K. Shirse, Mr. K. N. Lokhande, AGP for Respondent/State in respective appeal
CORAM
: R. M. JOSHI, J.
DATE : 22nd AUGUST, 2025 PER COURT :- 1.
Learned counsel for both sides are unanimous to state that in connected appeals, the amounts are settled in Lok Adalat on 30.11.2024 and pursuant thereto, orders are passed by this Court in various first appeals. It is thus, their contention that the present appeals be allowed on the same terms. In view of the above, the appeals are partly allowed in following terms.
ORDER
(I) The Acquiring Body shall pay four times of the amount awarded by Special Land Acquisition Officer or Rupees 2400/- per R in case of Non Irrigated land, Rs. 3600/-per R for Semi Irrigated Land, Rs. 4800/- per R for Irrigated Land and Rs. 1200/- per R for Pot Kharab land, whichever is lesser. The respondent No.3-Acquiring Body in these appeals shall deposit the amounts of compensation, so arrived within 18 months from today.
(II) If the amount is deposited within 18 months from today, by Acquiring Body, then the appellants/claimants have agreed not to claim interest for the period of this 18 months. In case the amount is not deposited within 18 months, the said amounts shall carry interest as per the legal provision in The Land Acquisition Act 1894. (II) It is made clear that, for the period of delay which caused in filing these appeals, appellants/claimants shall not be entitled to claim any interest as per the law. Further, it is also made clear that the claimants shall not entitled to claim any interest for the period mentioned in the order dated 3rd February 2023, in proceedings before Hon'ble Supreme Court bearing SLP No. 4124 of 2022 with connected matters. (IV) The interest be paid as per judgment in Full Bench in case of State of Maharashtra Vs. Kailash Shiva Rangari, 2016(4) ALL MR 513. (V) After the amounts are deposited, the same be paid to the appellants/claimants in all these appeals.
2.
With these conditions, the present appeals are disposed of. 3.
The awards be prepared accordingly.
4.
The pending civil application, if any, also stand disposed of. (R. M. JOSHI, J.) bsj