Ganpat Thansing Girase v. The State Of Mah And ANR

-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 44 FIRST APPEAL NO. 1167 OF 2013 GANPAT THANSING GIRASE THE COURT OF LOK ADALAT THE STATE OF MAHARASHTRA AND ANR 45 FIRST APPEAL NO. 1169 OF 2013 HATESING GAJESING RAJPUT THE STATE OF MAHARASHTRA AND ANR 46 FIRST APPEAL NO. 2131 OF 2013 VIJAYSING BHUTA GIRASE THE STATE OF MAHARASHTRA AND ANR 47 FIRST APPEAL NO. 2171 OF 2013 WITH FA/2172/2013 WITH FA/2173/2013 WITH FA/2174/2013 WITH FA/2175/2013 WITH FA/2176/2013 WITH FA/2177/2013 WITH FA/2178/2013 WITH FA/2179/2013 WITH FA/2180/2013 PRATAPSINGH SARDARSINGH RAJPUT, DIED THR. L.RS. HAMBARSINGH, DIED THR. L.RS. RAJE THE STATE OF MAHARASHTRA AND ANR 53 X-OBJECTION (STAMP) NO. 744 OF 2013 IN FA/1669/2010 INDRASINH SHANKARSINH GIRASE THE STATE OF MAHARASHTRA AND ANR 54 X-OBJECTION (STAMP) NO. 747 OF 2013

-2IN FA/943/2010 ASHOK GOTESING RAJPUT THE STATE OF MAHARASHTRA AND ANR 55 X-OBJECTION (STAMP) NO. 5214 OF 2013 IN FA/2410/2012 DASHRATH BHUTA GIRASE THE EXECUTIVE ENGINEER MEDIUM IRRIGATION DIVISION-1, DHULE AND ANOTHER 56 X-OBJECTION (STAMP) NO. 11967 OF 2013 IN FA/941/2010 ANANDSINH SURTA GIRASE AND ORS THE EXECUTIVE ENGINEER, DHULE MEDIUM IRRIGATION PROJECT NO. 1 AND ANOTHER 57 X-OBJECTION (STAMP) NO. 12774 OF 2013 IN FA/1704/2010 PREMSINH HAMBARSINH GIRASE(DEAD) LRS NAVALSINH HAMBARSINH GIRASE AND ORSTHE COURT OF LOK ADALAT THE EXECUTIVE ENGINEER, DHULE MEDIUM PROJET NO. 1 58 X-OBJECTION (STAMP) NO. 12776 OF 2013 IN FA/1705/2010 CHANDERSINGH GOTESINGH RAJPUT THE EXECUTIVE ENGINEER, DHULE MEDIUM PROJET NO. 1 AND ANOTHER 60 FIRST APPEAL (STAMP) NO. 29295 OF 2015 PITAMBAR JUGRAJ PATIL AND OTHERS THE SPECIAL LAND ACQUISITION OFFICER, DHULE AND ANOTHER

-361 FIRST APPEAL (STAMP) NO. 29298 OF 2015 HILAL PRABHAT PATIL THE SPECIAL LAND ACQUISITION OFFICER, DHULE AND ANOTHER 62 FIRST APPEAL (STAMP) NO. 29300 OF 2015 DAMU PARBAT PATIL DIED THR LRS VISHWAS DAMU PATIL ANDOTHERS THE SPECIAL LAND ACQUISITION OFFICER, DHULE AND ANOTHER 63 FIRST APPEAL (STAMP) NO. 29304 OF 2015 YADAV HILAL PATIL THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 64 FIRST APPEAL (STAMP) NO. 29306 OF 2015 SHYAM NARAYAN PATIL AND OTHERS THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 65 FIRST APPEAL (STAMP) NO. 29308 OF 2015 DAGDU BHIVSAN PATIL THE COURT OF LOK ADALAT THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 0 66 FIRST APPEAL (STAMP) NO. 29310 OF 2015 SUBHASH HILAL PATIL THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 67 FIRST APPEAL (STAMP) NO. 29314 OF 2015 SUBHASH SANTOSH PATIL AND OTHERS

-4THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 68 FIRST APPEAL (STAMP) NO. 29316 OF 2015 BHIKAN NARAYAN PATIL THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 69 FIRST APPEAL (STAMP) NO. 29318 OF 2015 DHUDKU DODHU PATIL DEAD THR HIS LRS PARSHARAM AND OTHERS THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 70 FIRST APPEAL (STAMP) NO. 29323 OF 2015 BHAGWAN SITARAM PATI DIED THR HIS LRS RANGRAO AND OTHERS THE SPECIAL LAND ACQUISITION OFFICER NO.1 DHULE MINORIRRIGATION PROJECT AND ANOT 71 FIRST APPEAL (STAMP) NO. 29325 OF 2015 RAMRAO BABURAO PATIL THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 72 FIRST APPEAL (STAMP) NO. 29327 OF 2015 PUNDA FULA PATIL DIED THR HIS LRS MANOHAR PUNDA PATIL THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 73 FIRST APPEAL (STAMP) NO. 29329 OF 2015 BHAGWAN DHONDU PATIL AND OTHERS THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 74 FIRST APPEAL (STAMP) NO. 29331 OF 2015

-5VITTHAL SHAMRAO PATIL DEAD THE COURT OF LOK ADALATTHR HIS LRS DNYANESHWAR VITTHAL PATIL THE SPECIAL LAND ACQUISITIO 0N OFFICER NO.1 DHULE, MINOR IRRIGATION PROJECT AND ANO 75 FIRST APPEAL (STAMP) NO. 29335 OF 2015 GIRDHAR DAGA PATIL THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 76 FIRST APPEAL (STAMP) NO. 29337 OF 2015 KHANDU DODHA PATIL DIED THR HIS LRS CHUDAMAN AND OTHERS THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 77 FIRST APPEAL (STAMP) NO. 29339 OF 2015 RAJU CHAITRAM PATIL AND ANOTHER THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER 78 FIRST APPEAL (STAMP) NO. 29342 OF 2015 HILAL PARBHAT PATIL AND ANOTHER THE SPECIAL LAND ACQUISITION OFFICER NO.1 DHULE MINORIRRIGATION PROJECT AND ANOT 79 FIRST APPEAL (STAMP) NO. 29343 OF 2015 KAMLAKAR BHIMRAO PATIL AND OTHERS THE SPECIAL LAND ACQUISITION OFFICER NO.1 DHULE AND ANOTHER Advocate for Appellant : Mr. Kale Ajeet B.

AGP for Respondent No.1: Mr. R.B. Bagul Advocate for Respondent-acquiring body : Mr. A. D. Pawar (45)

-6O R D E R 1.

Shri R.S. Badgujar, Executive Engineer, Dhule Medium Project, Dhule, is present in person before the panel. Mr. A.B. Kale, learned counsel appearing for the appellants-claimants, Mr. R.B. Bagul, learned A.G.P. for the respondent State and Mr. A.D. Pawar, learned counsel appearing for respondent-acquiring body are also present. 2.

These matters are amicably settled between the parties and the compromise chart prepared as per the terms of the compromise/settlement is placed before the panel. Shri Badgujar, Executive Engineer, Dhule Medium Project, Dhule, Mr. A.B. Kale, learned counsel appearing for the appellants-claimants, Mr. R.B. Bagul, learned A.G.P. for the respondent State and Mr. A.D. Pawar, learned counsel appearing for respondentacquiring body admit the terms and conditions of the said compromise chart. The chart bears the signature of Shri Badgujar, the Executive Engineer, as aforesaid, and also signatures of Mr. A.B. Kale, learned counsel appearing for the appellants-claimants, Mr. R.B. Bagul, learned A.G.P. for the respondent State and Mr. A.D. Pawar, learned counsel appearing for respondent-acquiring body. Thus the contents of the compromise/chart stand verified and the same is taken on record and marked as "X" for identification.

3.

The present group of cross objections/appeals relate to the acquisition of lands for Wadishevadi, Tikhi and Devi, medium projects and

-7the 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 settled in terms of the aforesaid judgment of the Division Bench.

4.

In view of the judgment and order passed by the Division Bench, as aforesaid, the Executive Director of Tapi Irrigation Development Corporation, Jalgaon by communication dated 5.7.2018 has directed the Superintendent Engineer, Dhule Irrigation Project Circle Dhule to settle the matters accordingly. The aforesaid communication dated 5.7.2018 is taken on record and marked "Y" for identification.

5.

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/chart 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. 6.

Statutory benefits be extended as awarded by the Reference court.

-87.

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

8.

In view of the above compromise arrived at between the parties, all First Appeals and the cross objections 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 Date: 08.09.2018 Place: Aurangabad rlj/ Rangnath Laxmanrao Jadhav Date: 2018.09.19 11:34:17 +0530 Rangnath Laxmanrao Jadhav