Dhanraj Pralhadrao Bhosale v. The State Of Maharashtra And ORS

2024:BHC-AUG:629 1 fa 1032.2006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 215 FIRST APPEAL NO. 1032 OF 2006 .

Dhanraj S/o Pralhadrao Bhosale, Age 48 years, Occ. Agril., R/o: Killari, Tq. Ausa, Dist. Latur .. Appellant (Orig. Claimant)

Versus

1.

The State of Maharashtra, Through its Collector, Latur 2.

The Secretary and Special Commissioner, Earthquake Resettlement, Revenue and Forest Department, New Administrative Bhawan - 14th Floor, East Side, Opp: Mantralaya, Mumbai - 32 3.

The District Resettlement Officer, (Earthquake Resettlement) Collector Office, Latur .. Respondents ( Orig. Respondents) ...

Advocate for Appellant:

Mr. Bhagwant Deshapnde h/f. Ms. Priyanka R. Deshpande AGP for Respondent/State: Mrs. K. R. Jamdhade ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 10th JANUARY, 2024 ORAL JUDGMENT:

1.

Heard.

2.

Mr. Bhagwant Deshapnde holding for Ms. Priyanka R. Deshpande learned counsel for the appellant submits that in the

2 fa 1032.2006 connected first appeals, which are referred at page no.16 LAR Nos.230 of 1997, 236 of 1997, 453 of 1997 are considered. In the same Appeal relying upon the other connected appeals this court had granted compensation in respect of acquired land at the rate of 1,12,100/- per Hector. The learned counsel for the appellant has placed on record the order passed in First Appeal No.944 of 2006 and other connected matters dated 15.12.2010, so also, in the First Appeal No.1086 of 2006 and other connected matters arising out of the same acquisition proceedings and in comparable lands, this court had granted in all these matters compensation of Rs.1,12,100/- per Hector for the acquired lands. In view of the same, the learned counsel submits that the present appellant be also granted the same compensation.

3.

Mrs. K. R. Jamdhade, learned AGP is not able to dispute that the appellant's land is in any way different of all the claimants in above first appeals. In view of the same, the appellant would be entitled to same compensation.

4.

The appellant is entitled to compensation in respect of acquired land at the rate of Rs.1,12,100/- per Hector. Other statutory benefits awarded by the reference court would remain unaltered. The appellant is also entitled for the statutory benefits in terms of the enhancement indicated herein above.

5.

The First Appeal is accordingly disposed of.

[ARUN R. PEDNEKER, J.] marathe