Maruti Bhimrao Jadhav And ORS v. The State Of Mah And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 919 FIRST APPEAL NO.3180 OF 2022 RAMESH DADARAO JADHAV
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, NANDED AND ORS ...
Advocate for Appellant : Mr. A.B. Shinde h/f. Mr. S.N. Patil AGP for Respondent/State & SLAO : Mr. N.T. Bhagat Advocate for Respondent 3/Acquiring Body : Mr. S.B. Kadu ...
992 FIRST APPEAL NO.1875 OF 2022 KHWAJASAB MAHBOOBSAB
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, NANDED AND ORS ...
Advocate for Appellant : Mr. A.B. Shinde h/f. Mr. S.N. Patil AGP for Respondents/State & SLAO : Mrs. R.P. Gaur Advocate for Respondent 3/Acquiring Body : Mr. S.B. Kadu ...
995 FIRST APPEAL NO.2717 OF 2022 BALAJI DADARAO JADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR, NANDED AND OTHERS ...
Advocate for Appellant : Mr. A.B. Shinde h/f. Mr. S.N. Patil AGP for Respondent/State & SLAO : Mr. N.T. Bhagat Advocate for Respondent 3/Acquiring Body : Mr. V.P. Narwade ...
998 FIRST APPEAL NO.3508 OF 2022 MARUTI BHIMRAO JADHAV AND ORS
VERSUS
THE STATE OF MAH AND ORS ...
Advocate for Appellant : Mr. A.B. Shinde h/f. Mr. S.N. Patil AGP for Respondent/State & SLAO : Mr. K.B. Jadhavar Advocate for Respondent 3/Acquiring Body : Mr. V.P. Narwade ...
CORAM : ARUN R. PEDNEKER, J.
DATED : 26/10/2023
PER COURT :
1.
Heard the learned counsel for the parties.
2.
The learned counsel for the appellants has produced common judgment of this Court dated 2.5.2022 passed in First Appeal No. 2036/2021 (Pandurang s/o. Laxuman Jadhav Vs. The State of Maharashtra & Ors.) with other connected matters, arising out of the same project i.e. 'Lendi Major Project', wherein this Court has enhanced compensation granted by the Reference Court from 30% to 70% for the acquired lands of the appellants therein.
3.
The learned counsel for the appellants submits that in the present writ petitions also, the Reference Court has enhanced 30% compensation for acquired lands to what was granted by the Special Land Acquisition Officer. The facts in the present writ petitions are identical to the facts in the case cited above and are arising out of the same notification. The lands are also identically placed in all respects. These facts are not disputed by the learned counsel for the Acquiring Body.
4.
In view of the same, applying the judgment delivered by this Court in the case of Pandurang s/o. Laxuman Jadhav Vs. The State of Maharashtra & Ors. and other connected matters, the compensation granted by the Reference Court is enhanced from 30% to 70%. The rest of the terms of the impugned awards stand unaltered, provided that the interest shall be awarded from the date of award. 5.
There is delay in preferring the present appeals. The appellants, therefore, shall not be entitled for component of interest or any other monetary benefit for the period from the date of impugned awards to the date of the registration of these appeals.
6.
The Acquiring Body to deposit the amount in this Court within twelve weeks from today. On deposit of amount by the Acquiring Body, the appellants would be permitted to withdraw the amount in the proportion in which the Reference Court has granted the compensation. 7.
Appeals are disposed of accordingly in terms of the judgment delivered by this Court in the case of Pandurang s/o. Laxuman Jadhav Vs. The State of Maharashtra & Ors. and other connected matters cited supra. [ARUN R. PEDNEKER J.] ssc/