Gorakhnath Vitthal Dhatbale And Others v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 906 FIRST APPEAL NO. 2984 OF 2015 GORAKHNATH VITTHAL DHATBALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Adv,for Appellants : Mr. Pahune Patil Nandkishor J.

Mr. SP Deshmukh, AGP for Respondent:1.

----- CORAM : P.R.BORA, J.

DATE :

th November,2016.

PER COURT :

1) Heard. When the present matter is taken up for hearing, learned Counsel for the appellants submitted that in connected Land Acquisition References arising out of the same acquisition proceedings, settlements were arrived at before Lok Adalat and the amount of market value of the acquired lands was enhanced to double of the amount, as awarded by the Special Land Acquisition Officer. One of such order passed in LAR No.151/2001 is placed on record.

2) Learned AGP has not disputed that in some of the matters, arising out of the same acquisition proceedings, settlements were arrived at before the Lok Adalat.

3) In view of the fact that the land, which is the subject matter of the present appeal was also acquired for the same purpose and is situated in the same village, I see no reason to adopt any other course. The present appellants are thus entitled for enhancement in the amount of compensation at par with the matters, which were settled before the Lok Adalat. The market value of the land, which was the subject matter in the present appeal, is thus enhanced to Rs.850/- per Are. The appellants are held entitled for the enhanced amount to the aforesaid extent. Save and except the enhancement in the amount of compensation, the other part of the Award is maintained as it is.

4) The First Appeal is allowed to the

aforesaid extent. Pending civil application, if any, stands disposed of.

(P.R.BORA) JUDGE bdv/