Bhaurao Babarao Shembole v. The State Of Maha And ANR

1 48-fa-117-07.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.117 OF 2007 Bhaurao s/o. Babarao Shembole ..Appellant

Versus

The State of Maharashtra and anr.

..Respondents -- Mr.M.V.Deshpande, advocate for appellant Mr.S.M.Jadhav, AGP for respondents -- CORAM : M.T. JOSHI, J.

DATE : FEBRUARY 11, 2015 PER COURT :

Heard both sides.

2] Mr.Deshpande, learned counsel for the appellant, files on record true copy of the judgment passed by this Court in First Appeal No.67 of 1997 and other appeals dated 20th November, 2013. The same is accepted on record and marked as "X" for identification.

2 48-fa-117-07.odt 3] Reading of the said judgment would show that present appeal is also one of the appeals from the said group , however, the same remained to be decided.

4] In that view of the matter, similar order is passed in this appeal also.

5] The impugned judgment passed by the Reference Court is modified. It is held that the claimants are entitled for compensation for their acquired lands at the rate of Rs.1,75,000/- per hector along with interest at the rate of 9% per annum from 09.06.1989 to 08.06.1990 and thereafter, at the rate of 15% per annum from 09.06.1990 till payment of entire amount. The claimant is also entitled to solatium at the rate of 30% on the awarded amount.

3 48-fa-117-07.odt 6] The respondents shall pay the amount as directed above to the claimant/appellant along with all statutory benefits. The first appeal is accordingly partly allowed.

7] Decree be drawn accordingly.

[M.T. JOSHI, J.] kbp