Fulchand Dhanji Pawar v. The State Of Maharashtra Thr Collector, Jalna And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 FIRST APPEAL NO. 1489 OF 2021 CHABU WATCHHU PAWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS WITH FIRST APPEAL NO. 1446 OF 2021 FULCHAND DHANJI PAWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS WITH FIRST APPEAL NO. 1448 OF 2021 VASANT HEMA PAWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS WITH FIRST APPEAL NO. 1491 OF 2021 NIWAS SOPAN PAWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS WITH FIRST APPEAL NO. 1488 OF 2021 SITARAM WATCHHU PAWAR (DIED) THR LRS SANGITA SITARAM PAWAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS WITH FIRST APPEAL NO. 1490 OF 2021 BANSI WATCHHU PAWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS

(2) --- Mr. D.A. Mane, Advocate holding for Mr. D.M. Pingale, Advocate for the appellants.

Mr. D.J. Patil, A.G.P. for respondent Nos.1 and 2. --- CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

18 FEBRUARY 2025.

ORDER:- 1.

Heard rival submissions.

2.

All these appeals are filed for challenging the respective judgments and awards dated 02.01.2017, 17.02.2017, 30.06.2016, 29.06.2016, 10.10.2017 and 11.01.2017 passed by the same learned Reference Court i.e. 2nd Joint Civil Judge, Senior Division, Jalna in respect of the LAR proceedings mentioned therein. However, the learned Counsel for the appellants/claimants, by relying on the judgment of same Reference Court passed in LAR No. 727 of 2012 dated 24.10.2017, submits that the learned Reference Court has granted rate of Rs. 4690/- per R in respect of non irrigated land. The land acquired in the said LAR is part of same village and the acquisition in these matters.

3.

The learned Counsel for the present appellants/claimants has thus prepared chart of proposed enhancement of compensation by quoting the rates in last

(3) column for which the present appellants are entitled as per the classification of their lands under acquisition. The said chart is taken on record and marked "X" for identification. 4.

The learned A.G.P. by going through the said chart, submits that all these appeals can be disposed of by awarding the rates in last column of the chart for the lands under acquisition in these matters alongwith the other statutory benefits as mentioned in the chart.

5.

In view of the same, all these appeals are allowed in terms of the chart identified as "X". The compensation and the statutory benefits be calculated in respect of the enhanced compensation as per the chart and the awards be drawn accordingly. The appellants/claimants shall deposit the deficit court fees, if any within two weeks after it is computed by the office.

6.

The respondent State Acquiring Body is directed to deposit the enhanced compensation granted in these appeals so calculated, within twelve weeks alongwith the interest accrued thereon. After the enhanced amount of compensation is deposited in this Court, the respective appellants/claimants are permitted to withdraw the same alongwith the accrued

(4) interest thereon without further reference to the order of this Court.

7.

The appeals are accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde