Yuvraj Damu Sonawane (Died) His Lrs Pravin And ORS v. The Special Land Acquistion Officer U.T.P.H-1 Jalgaon And ANR

fa2440.18 -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 FIRST APPEAL NO. 2440 OF 2018 YUVRAJ DAMU SONAWANE (DIED) HIS LRS PRAVIN AND ORS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER U.T.P.H. -1 JALGAON AND ANR .....

Advocate for Appellant : Mr. H.P. Kshirsagar AGP for Respondent No.1: Mr. S.S. Dande .....

(01)

O R D E R

1.

Not on board. Taken on board. This matter is amicably settled between the parties and the compromise chart prepared as per the terms of the compromise/settlement is placed before the panel. 2.

Shri Pralhad Pandurang Warade, Executive Engineer, Waghur Dam Division, Jalgaon is present in person and he admits the terms and conditions of the said chart. The chart bears his signature and also signatures of Mr. H.P. Kshirsagar, learned counsel appearing for the appellants-claimants, Mr. A.P. Basarkar, learned A.G.P. for the respondent State. Thus, the contents of the compromise/settlement chart stand verified and the same is taken on record and marked as "X" for identification.

3.

The present appeal relates to the acquisition of land for Waghur 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

fa2440.18 -2- (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, this matter is settled 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/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.

5.

Award/Decree be drawn up in terms of the chart/compromise placed on record, as aforesaid. Statutory benefits be extended as awarded by the Reference court.

6.

In view of the above compromise arrived at between the parties, the First Appeal is 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 rrd/