Ganesh Mahadev Pawar And ORS v. The Special Land Acquisition Officer-2, Uppar Tapi Prakalp (Hatnoor), Jalgaon And ANR

2024:BHC-AUG:15486 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 CIVIL APPLICATION NO. 7548 OF 2023 IN FAST/12926/2023 GANESH MAHADEV PAWAR AND ORS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER-2, UPPAR TAPI PRAKALP (HATNOOR), JALGAON AND ANR AND 32 CIVIL APPLICATION NO. 7549 OF 2023 IN FAST/13034/2023 VINAYAK BHASKAR PATIL

VERSUS

THE SPECIAL LAND ACQUISITON OFFICER-2 UPPER TAPI PRAKALP (HATNOOR), JALGAON AND ANR AND 33 CIVIL APPLICATION NO. 7550 OF 2023 IN FAST/12931/2023 VINAYAK BHASKAR PATIL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER-2 UPPAR TAPI PRAKALP (HATNOOR), JALGAON AND ANR AND 34 CIVIL APPLICATION NO. 8395 OF 2023 IN FAST/14567/2023 KOKILABAI VINAYAK PATIL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER 2, UTP (HATNOOR) JALGAON AND ANR Mr.M.M. Bhokarikar, Advocate for the applicants. Ms.A.S. Mantri, AGP for the respondent/State in Sr. No.31. Mr.D.B. Bhange, AGP for the respondent/State in Sr. No.32. Mr.A.M. Phule, AGP for the respondent/State in Sr. No.33. Mr. G.O. Wattamwar, AGP for the respondent/State in Sr. No.34. Mr. D.D. Pokharkar, Advocate for the respondent-Acquiring Body.

CORAM

: KISHORE C. SANT, J.

DATED : 23.07.2024

( 2 ) PC :- 01.

Heard learned Advocates for the parties. The appeals are filed by the applicants-claimants for enhancement of the amount of compensation. There is delay of 1893, 2139, 2139, 2096 days respectively in filing these appeals.

02.

The applications are vehemently opposed by the learned AGPs for the State and learned Advocate for the acquiring body. 03.

Since the applications are filed by the claimants, whose land has been acquired in the acquisition proceeding and further it is informed that some of the matters are pending in this Court arising out of the same acquisition proceedings, this Court is inclined to allow the applications on certain conditions. Hence, following order :-

ORDER

(i) Civil Application No. 7548 of 2023 is allowed, subject to costs of Rs.1500/- (Rupees One Thousand Five Hundred) to be deposited in the Bar Association Library, High Court, Aurangabad. (ii) Civil Application Nos. 7549 of 2023, 7550 of 2023 and 8395 of 2023 are allowed subject to costs of Rs.2000/- (Rupees Two Thousand) each to be deposited in the Bar Association Library, High Court, Aurangabad.

( 3 ) (iii) It is made clear that the applicants-claimants shall not claim interest for the delayed period in case the amount is enhanced in the appeal.

(iv) The civil applications are accordingly allowed and are disposed off.

[KISHORE C. SANT, J.] snk/2024/JUL24/ca7548.23