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Bombay High CourtCA/4646/2020disposed offdismissed for default

Vitthal Tatya Dhanwade (Died) Thr Lrs Uddhav Dhanwade And ORS v. The Ex. Engineer, Beed Irrigation Division, Beed Thr G.M.I.D.C., Aurangabad And ANR

2020-08-04Hon'Ble Shri Justice V.L. Achliya4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.305 OF 2020 VITTHAL TATYA DHANWADE (DIED) THROUGH LRS UDDHAV DHANWADE AND OTHERS 906.7 FIRST APPEAL NO.308 OF 2020 THE EXECUTIVE ENGINEER, BEEDIRRI GATION DIVISION, BEED GINYANDEV GOVIND PAWAR (DIE D) THR. L.RS. MARUTI AND OTHERS 906.8 FIRST APPEAL NO.306 OF 2020 GENA KRISHNA SHINDE (DIED) THROUGH LRS LEELABAI AND ANR.

906.9 FIRST APPEAL NO.307 OF 2020 BAPU SAHEBA PAWAR AND OTHERS 906.11 FIRST APPEAL NO.309 OF 2020 DATTATRAYA BAPURAO PAWAR AND OTHERS 906.12 FIRST APPEAL NO.310 OF 2020 SHIVAJI PANDHARINATH PAWAR AND OTHERS 906.13 FIRST APPEAL NO.311 OF 2020

- 2 - SHAIKH BABAMIYA SHAIKH IBRAHIM AND OTHERS 906.14 FIRST APPEAL NO.312 OF 2020 MARUTI DASHARATH UKHANDE AND OTHERS 906.15 FIRST APPEAL NO.1090 OF 2020 PARMESHWAR RAGHOBA JARE AND OTHERS 906.16 FIRST APPEAL NO.1091 OF 2020 SAHADEV PARASRAM DHANWADE AND ANOTHER 906.17 FIRST APPEAL NO.1092 OF 2020 AJINATH EKNATH SHINDE AND OTHERS 906.18 FIRST APPEAL NO.1093 OF 2020 ASHOK VITTHAL JAGTAP AND OTHERS 906.19 FIRST APPEAL NO.1094 OF 2020 RAMA SHAHAJI DHANWADE AND OTHERS 906.20 FIRST APPEAL NO.1095 OF 2020 PRABHU MAHADEO DHANWADE AND ANOTHER

- 3 - 906.21 FIRST APPEAL NO.1096 OF 2020 MANGAL VAIJINATH BORADE AND OTHERS 906.22 FIRST APPEAL NO.1097 OF 2020 PRABHU TANHAJI JARE AND OTHERS 906.23 FIRST APPEAL NO.1098 OF 2020 SHASHIKALA MAHADEV DHANWADE AND OTHERS 906.24 FIRST APPEAL NO.1099 OF 2020 MAHADEV SHIVRAM SHINDE AND OTHERS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- =-=- Shri Sudhir G. Bhalerao, Advocate for appellants. S/Shri Subham D. Jayabhar and Shashikant E. Shekade, Advocates for claimants in respective appeals.

Shri S.Y. Mahajan, AGP for the State.

CORAM

: V.L. ACHLIYA, J.

DATE : 04.08.2020 PER COURT :

1] Heard learned counsel for the appellants, the respondent no.1 and learned AGP for the respondent no.2. Perused the judgment and order passed by the Reference Court. 2] The amount awarded by the Reference Court is more

- 4 - than six to eight times the amount awarded by the SLAO. The SLAO has awarded the compensation in the range of Rs.530/- to Rs.720/- per Aare, which has been enhanced in the range of Rs.3,000/- to Rs.3750/- per Aare. As such, there is enhancement of compensation in the range of about six to eight times. In that view, there is an arguable case to be considered in the appeals preferred by the appellants - acquiring body. Hence, the following order.

O R D E R

A] Admit.

B] Issue notice to respondents.

C] S/Shri S.D. Jayabhar and Shashikant E. Shekade Advocates appearing for the claimants in respective appeals waive notice of appeals.

D] Call R & P.

E] Preparation of paper book is dispensed with.

F] Hearing of the appeals is expedited.

G] List the appeals for fnal hearing on 11.01.2021. (V.L. ACHLIYA, J.) ndk/c482015.doc