Shankarrao Bhagwantrao Patil v. State Of Maha And ORS

1 F.A. 1373...2003 - %5BJ%5D - Operative Order. .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1373 OF 2003 Shankarrao Bhagwantrao Patil ..... APPELLANT V E R S U S The State of Maharashtra ..... RESPONDENT WITH FIRST APPEAL NO. 1374 OF 2003 Dakshabal Bhagwantrao Patil ..... APPELLANT V E R S U S The State of Maharashtra ..... RESPONDENT WITH FIRST APPEAL NO. 63 OF 2004 The State of Maharashtra ..... APPELLANT V E R S U S Shankarrao Bhagwantrao Patil ..... RESPONDENT WITH FIRST APPEAL NO. 64 OF 2004 The State of Maharashtra ..... APPELLANT V E R S U S Dakshabal Bhagwantrao Patil ..... RESPONDENT

2 F.A. 1373...2003 - %5BJ%5D - Operative Order. .odt .....

Mr. V.S.Bedre, Advocate for Appellants.

Ms. R.P.Gour, A.G.P. for Respondent.

.....

CORAM : T.V.NALAWADE, J.

JUDGMENT RESERVED ON : 04/03/2016 JUDGMENT PRONOUNCED ON : 22/03/2016 OPRATIVE ORDER [i] All the Appeals, the Appeals filed by the claimants and the Appeals filed by the Govt., are partly allowed.

[ii] The Judgments and Awards of the Reference Court are modified to give the rate of ` 317/- per Sq. Meter. This rate is to be given in respect of the entire area of the claimants acquired by the Govt.

[iii] The claimants are entitled to solatium of 30 % on the compensation amount.

[iv] The claimants are entitled to the component of 12 % and it is to be paid from the date of Notification published u/s 4 of the Land Acquisition Act till the date of Award.

3 F.A. 1373...2003 - %5BJ%5D - Operative Order. .odt [v] The interest @ 9 % per annum is payable on the compensation amount for the period of one year from the date of Notification u/s 4 of the Land Acquisition Act and the interest @ 15 % per annum is payable from the date of Award till the date of realization of the compensation amount.

[vi] The rental compensation is to be calculated on the basis of aforesaid compensation fixed in these proceedings. The amount of rental compensation already paid is to be adjusted against the compensation awarded to the claimants, against the amount which is now payable to the claimants if higher rental compensation is already paid. If the claimants are entitled to get more amount than the amount already deposited by the Govt. in the Court, they will be entitled for the execution of the present Judgment and Award. Similarly, if more amount is already given by the Govt., the Govt. will be entitled to use the present decision for recovery of the amount paid in excess.

[vii] To aforesaid extent the Judgments and Awards of the Reference Court are set aside.

[viii] Award is to be prepared accordingly.

4 F.A. 1373...2003 - %5BJ%5D - Operative Order. .odt [ix] Authenticated copy of this Judgment be given to the parties.

[T.V.NALAWADE, J.] KNP/F.A. 1373...2003 - %5BJ%5D - Operative Order. .odt