State Of Maha v. Dr Prabhakar Madhav Chaudhari

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

FIRST APPEAL NO.:833 OF 2003 THE LAND ACQUISITION OFFICER (III), JALGAON AND ANOTHER

VERSUS

FAKIRAO RAMDAS PARDESHI WITH FIRST APPEAL NO.:913 OF 2003 THE LAND ACQUISITION OFFICER (III), JALGAON AND ANOTHER

VERSUS

DR. PRABHAKAR MADHAV CHAUDHARI WITH FIRST APPEAL NO.:914 OF 2003 THE LAND ACQUISITION OFFICER (III), JALGAON AND ANOTHER

VERSUS

DEOSING CHANDANSING PATIL WITH FIRST APPEAL NO.:915 OF 2003 THE LAND ACQUISITION OFFICER (III), JALGAON AND ANOTHER

VERSUS

SONAJI VEDU SONAWANE WITH FIRST APPEAL NO.:916 OF 2003 THE LAND ACQUISITION OFFICER (III), JALGAON AND ANOTHER

VERSUS

RAJENDRA KESHAVRAO SURVE AND FIRST APPEAL NO.:921 OF 2003 THE LAND ACQUISITION OFFICER (III), JALGAON AND ANOTHER

VERSUS

MOHAN HEMA PARDESHI

...

Mr. S. P. Deshmukh., Advocate for Appellants. Mr. P. A. Bhosale, h/f Mr. A. B. Kale, Advocate for Respondent. ...

CORAM :

M. S. SONAK, J.

DATE :

15th February, 2018.

ORDER:

.

Heard Mr. Deshmukh, learned AGP for the Appellants. Mr. P. A. Bhosale, holding for Mr. A. B. Kale, learned counsel for the Respondents - Claimants.

The learned counsel for parties submit that these appeals can be disposed of by common judgment and order, since, they arise out of common judgment and award dated 2nd February, 2002 by which, reference is in respect of lands acquired for Waghur project under one and same notification dated 21st August, 1997 came to be disposed of. In the circumstances, it is appropriate that these appeals are disposed of by common order.

In all these cases, the Reference Court, on the basis of evidence on record has determined the compensation at the rate of Rs.4,00,000/- per Hectare in respect of Bagayat lands, Rs.2,00,000/- per Hectare in respect of Jirayat lands and Rs.1,00,000/- per Hectare in respect of pot kharab lands.

The Division Bench of this Court, in the case of Special Land Acquisition Officer (III), Jalgaon and another Vs. Bhagwat Vithal Sonwane, reported in, 2009(4) Mh.L.J. 308 has, in respect of very acquisition determined the very same rates as now been determined by the Reference Court in the impugned judgments and awards.

Therefore, on the reasoning, which is recorded in Special Land Acquisition Officer (III), Jalgaon and another Vs. Bhagwat Vithal Sonwane (supra), these appeals, are liable to be dismissed and are hereby dismissed.

Civil applications, if any, do not survive and the same are also disposed of.

[ M. S. SONAK, J. ] ndm