Sitaram Baliram Korde And Others v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 2789 OF 2016 Sitaram Baliram Korde Datta Sakharam Korde Om Sitaram Korde Mahadu Ananda Korde Kisan Sakharam Korde Tukaram Baliram Korde 7.
Gajanan Tukaram Korde 8.
Naamdev Tukaram Korde 9.
Bhagvat Tukaram Korde 10.
Gabesg Sitaram Korde Minor, through his HirdianSitaram Baliram Korde. All r/o Navalghavan Post Bhandegaon Tq. & Dist. Hingoli 11.
Prayagbhai w/o Kedarling Tekale 12.
Mahada s/o Kundlika Jagtap 13.
Bhanudas s/o Kundlika Jagtap 11 to 13 R/o at Post Bhandegaon, Tq.& Dist. Hingoli 1/5
The Sub Divisional Officer, Land Acquisition Officer, The Executive Engineer, Upper Penganga Project, division -2, Hingoli, Tq. and District Hingoli.
... Respondents WITH WRIT PETITION NO.3003 OF 2016 Narulla Khan Vahidulla Khan Pathan Amjad Khan Vahidulla Khan Pathan Abed Khan Hamidulla Khan Pathan Asef Khan Hamidulla Khan Pathan Nasrulla Khan Hamidulla Khan Pathan Ajagarbi Hamidulla Khan Pathan 7.
Shripati Mohan Tapase All r/o Santmba Post Bhandegaon Tq.& Dist. Hingoli The Sub Divisional Officer, Land Acquisition Officer, The Executive Engineer, Upper Penganga Project, division -2, Hingoli, Tq. and District Hingoli.
... Respondents 2/5
WITH WRIT PETITION NO.3038 OF 2016 Dnyanoba Dhanaji Korde Trimbak Dhanaji Korde Kisan Sakharam Korde Rukhmanbai w/o Nandu Jagtap Kisan Sonaji Korde Shivaji Dhanaji Korde The Sub Divisional Officer, Land Acquisition Officer, The Executive Engineer, Upper Penganga Project, division -2, Hingoli, Tq. and District Hingoli.
... Respondents Mr. Dhananjay K. Thote, Advocate for the petitioners. Mr. M. B. Bharaswadkar, A.G.P. for Respondents-State
CORAM
: R. M. BORDE & K. L. WADANE, JJ.
DATE :
25th July, 2016 JUDGMENT:
Heard the learned counsel for the parties.
3/5
Rule. Rule made returnable forthwith and the petitions are taken up for final disposal by the consent of learned counsel for the respective parties. The petitioners are objecting to the award passed by the Land Acquisition Officer on 07.04.2015 determining the amount of compensation in respect of the acquired property. The award has been passed in respect of the land situated in rural area by consideration of multiplier factor of 1.1. In view of the judgment delivered by this Court in Writ petition No. 4274/2016 and in pursuance to the notification issued by the Government on 26.05.2015, the acquisition authorities are required to apply multiplier as 2 in respect of the properties situated in rural areas.
In view of above, the award passed by the land acquisition authorities needs to be corrected so far as the computation of amount of compensation is concerned. The respondents are thus directed to determine the amount of compensation payable to the petitioners by prescription of multiplier factor 2 and declare the award afresh and pay the amount of compensation to the petitioners expeditiously.
The respondents are directed to determine the 4/5
amount of compensation under the award in observance of the directions as above as expeditiously as possible, preferably within period of six weeks from today and it is accordingly directed.
Rule is made absolute accordingly. There shall be no order as to costs.
(K. L. WADANE, J.) (R. M. BORDE, J. ) JPC 5/5