Bombay High CourtFA/2457/2018disposed offdismissed for default

Arjun Damu Patil v. The State Of Maharashtra And ORS

2018-09-08Shri Justice J P Devadhar4 pages

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 8TH SEPTEMBER, 2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 195 FIRST APPEAL (STAMP) NO. 18639 OF 2018 DEVIDAS DAULATI PATIL AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS .....

196 FIRST APPEAL (STAMP) NO. 18642 OF 2018 KESHAR JANJI PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ORS .....

197 FIRST APPEAL (STAMP) NO. 18645 OF 2018 ARJUN DAMU PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ORS .....

198 FIRST APPEAL (STAMP) NO. 18652 OF 2018 YOGENDRA DINESH PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ORS .....

199 FIRST APPEAL (STAMP) NO. 18655 OF 2018 SANTOSH LAXMAN PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ORS .....

200 FIRST APPEAL (STAMP) NO. 18659 OF 2018 JANKIRAM SITARAM PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ORS .....

-2Advocate for Appellant : Mr. Kale Ajeet B.

AGP for Respondent No.1: Mr. R.B. Bagul Advocate for Respondent No.2 : Mrs. Chaitali Choudhari Kutti .....

29. FIRST APPEAL NO. 4511 OF 2017 ASHOK JAGANNATH SONWANE

VERSUS

COLLECTOR, JALGAON .....

30. FIRST APPEAL NO. 4512 OF 2017 MANOHAR TAPIRAM PATIL

VERSUS

SPECIAL LAND ACQUISITION OFFICER .....

31. FIRST APPEAL NO. 4513 OF 2017 ABID ALI SHAUKAT ALI

VERSUS

THE COLLECTOR, JALGAON .....

32. FIRST APPEAL NO. 4514 OF 2017 PRABHAKAR JAGANNATH SONWANE

VERSUS

THE STATE OF MAHARASHTRA AND ORS .....

33. FIRST APPEAL NO. 4515 OF 2017 VIKAS TAPIRAM PATIL

VERSUS

SPECIAL ACQUISITION OFFICER .....

34. FIRST APPEAL NO. 4516 OF 2017 PURUSHOTTAM JAGANNATH SONWANE

VERSUS

THE COLLECTOR, JALGAON .....

Advocate for Appellant : Mr. G.V. Wani AGP for Respondent-State authority : Mr. R.B. Bagul Advocate for Respondent : Mrs. Chaitali Choudhari Kutti .....

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O R D E R

These matters are amicably settled between the parties and the compromise charts prepared as per the terms of the compromise/settlement are placed before the panel. 2.

Shri Pralhad Pandurang Warade, Executive Engineer, Waghur Dam Division, Jalgaon and Shri Ramsing Sulane, the Special Land Acquisition Officer No.1, Jalgaon are present in person and they admit the terms and conditions of the said compromise/charts. The charts bear their signatures and also signatures of Mr. A.B. Kale and Mr. G.V. Wani, learned counsel appearing for the appellants-claimants, Mr. R.B. Bagul, learned A.G.P. for the respondent State and Mrs. Chaitali Kutti, learned counsel appearing for respondent-acquiring body. Thus the contents of the compromise/charts stand verified and the same are taken on record and marked as "X" (Collectively) for identification.

The present group of appeals relate to the acquisition of land for Chinchkheda project and the Division Bench of this Court in similar set of facts, for the land acquired for Waghur project, in the case of Special Land Acquisition Officer and another Versus Bhagwat Vitthal Sonawane, reported in (2009) 4 Mh.L.J. 308, has fixed the market price of Jirayat land at the rate of Rs.2,00,000/- per hectare and Bagayat land at the rate of Rs.4,00,000/- per hectare. In view of above, these matters are

-4settled in terms of the aforesaid judgment of the Division Bench. 4.

In respect of the enhanced compensation of amount the claimants would not be entitled for the interest on the enhanced compensation amount for the period of which delay has been condoned and the claimants have submitted specific undertaking to that effect. The amount of enhanced compensation, as worked out in the compromise/charts will be paid/deposited within one year from the date of preparation of decree. In case the amount is not deposited within a period of one year, the respondent acquiring body would be liable to pay the interest. 5.

Statutory benefits be extended as awarded by the Reference court. 6.

Award/Decree be drawn up in terms of the charts/compromise placed on record, as aforesaid.

In view of the above compromise arrived at between the parties, all First Appeals are disposed of. Refund of court fees as per Rules. Deficit court fees, if any, be paid forthwith. Pending civil applications, if any, stand disposed of.

(K.C.Sant) (V.B. Mantri) ( V. K. Jadhav, J.) Advocate D.J.(Retd.) Head of the Panel Member Member by Rangnath Laxmanrao Jadhav Date: 2018.09.19 11:32:22 +0530 Date: 08.09.2018 Place: Aurangabad Rangnath Laxmanrao Jadhav rlj/