Shantaram Devkinandan Koli And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8491 OF 2015 Shardabai Chandradip Patil Age major, Occ. Agril, Mangalabai Rajendrasing Patil, Age major, Occ. Agril, through G.P.A. Holder Shardabai Chandradip Patil, age: major, Occ: Agri:

Chandradip Suratsing Patil Age major, Occ: Agril Baban Dalpat Patil, Age: major, Occ. Agril;

Vishal Atmaram Malke, Age: major, Occ. Agril Arjun Natu Dhangar, Age: major, Occ. Agril.

Atmaram Gorakh Malke, Age 63 years, Occ. Agril.

Vijayabai Digambar Dhangar, Age major, Occ. Agril, Bhurmal Damu Dhangar, Age: major, Occ. Agril Gopichand Ramdas Dhangar, Age: major, Occ. Agril Subhash Vishwas Dhangar, Age: major, Occ. Agril., Anita Subhash Dhangar, Age major, Occ. Agril.;

Ravindra Mulchand Dhangar, Age: major, Occ: Agril Dhananjay Atmaram Dhangar, Age: major, Occ. Agril

{2} Dhanraj Natthu Dhangar, Age: major, Occ. Agril Mangu Barku Dhangar, Age: major, Occ. Agril Prakash Vitthal Dhangar, Age major, Occ. Agril Anusayabai Chagan Dhangar, Age: major, Occ. Agril Petitioners

Versus

The State of Maharashtra through its Principal Secretary, Revenue and Forest Department, Mantralaya, Mumbai.

The District Collector, Jalgaon, District Jalgaon., The Sub Divisional Officer and Special Land Acquisition Officer, Amalner, Tq.Amalner, District Jalgaon.

Respondents WITH WRIT PETITION NO. 8493 OF 2015 Pshantaram Devkinandan Koli, Age: Major, Occ. Agril Rajmal Bhikalal Koli, Age: Major, Occ. Agril Magan Shankar Mahar (Ahire), Age: Major, Occ. Agril Namdeo Shamrao Bhoi, Age: Major, Occ.: Agril Kasturabai Namdeo Bhoi, Age: Major, Occ. Agril Dipak Atmaram Nyayde,

{3} Age Major, Occ. Agril Dagubai Kamalsing Patil, Age Major, Occ. Agril;

All R/o Virwade, Tq.Chopda, District Jalgaon.

Petitioners.

Versus

The State of Maharashtra Through its Principal Secretary, Revenue and Forest Department, Mantralaya, Mumbai.

The District Collector, Jalgaon, Dist. Jalgaon.

The Sub Divisional Officer and Special Land Acquisition Officer, Amalner, Tq. Amalner, Dist. Jalgaon.

Respondents Mr. V.B. Patil, advocate for petitioners.

Mrs. A.V. Gondhalekar, A.G.P. for respondents. CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 29th September, 2015 ORAL JUDGMENT (Per R.M.Borde, J):

Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. For the reasons recorded in the judgment passed by us today in Writ Petition No.6822 of 2015 with W.P.No.8494 of 2015, these petitions also deserve to be allowed and same are accordingly allowed. Respondent Sub Divisional Officer Amalner is directed to redetermine amount of compensation payable to the petitioners and all other claimants covered by the said award by applying "2.00" (two) as the factor prescribed under the notification issued by the State Government

{4} on 26.05.2015. The exercise of redetermination of amount of compensation by making application of factor "2.00" (two) prescribed under the notification dated 26.5.2015 shall be completed as expeditiously as possible, preferably within four months from today. On redetermination of amount of compensation by applying factor "2.00" (two) in respect of the claimants covered under the award, amount shall be disbursed within a period of four months from the date of redetermination of amount of compensation under the orders passed by this Court in the instant petitions.

Learned Additional Government Pleader points out that the claimants have been paid compensation in accordance with determination made by the Sub Divisional Officer by applying factor "1.10" prescribed under earlier notification. The additional amount, to which petitioners/claimants would be entitled, shall be paid to them in accordance with the directions as above.

Rule is accordingly made absolute. There shall be no order as to costs.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/wp849115