Jagannath Dhondu Mahajan (Died) Thr Lrs. Raghunath (Died) Thr Lrs. Sarubai R. Mahajan And ORS v. The State Of Maharashtra Through Collector, Jalgaon And ORS

2025:BHC-AUG:25959 ( 1 ) 933 FA 2846 OF 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 FIRST APPEAL NO. 2846 OF 2024 TATHU @ NATHU GANGARAM PATIL(DIED) LRS TUKARAM PATIL AND ORS

VERSUS

THE S.L.A.O.-I UPPER TAPI RPOJECT AND ANR ...

Mr. B. K. Pawar h/f. Mr. A. B. Kale, Advocate for Appellants Ms. Sunita D. Shelke, Advocate for Respondent No.2 AND 934 FIRST APPEAL NO. 1695 OF 2025 JAGANNATH DHONDU MAHAJAN (DIED) THR LRS. RAGHUNATH (DIED) THR LRS. SARUBAI R. MAHAJAN AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALGAON AND ORS ...

Mr. B. K. Pawar h/f. Mr. A. B. Kale, Advocate for Appellants Ms. Snehal P. Kulkarni, Advocate for Respondent No.3 ...

CORAM

: AJIT B. KADETHANKAR, J.

DATE : 19th SEPTEMBER 2025 PER COURT :- 1.

Learned counsel for both the parties today have tendered a pursis, thereby requesting to dispose present matters in light of the judgment rendered by this Court in the matter of Special Land Acqusition Officer (III), Jalgaon vs. Bhagwat Vithal Sonwane 2009 (4) Mh.L.J. 308 in First Appeal No.3239 of 2023. The parties also cite an order dated 28th July 2025, passed by this Court in First Appeal No.3239 of 2023 and First Appeal No.3245 of 2023, contending and agreeing that present matters be disposed of in the same tune, as issue in these

( 2 ) 933 FA 2846 OF 2024 matters is already settled. Hence at the behest of the parties, these First Appeals are disposed of in following terms :- i.

Award of reference Court is modified and the compensation of Rs. 4,00,000/- (Four Lakhs) per hector is granted to the appellants since the land in question is irrigated land.

ii.

As far as trees are concerned, claimants are entitled to receive compensation to the extent of 80% amount of valuation report.

iii.

Claimants will be entitled for statutory benefits and interst on the enhanced amount of interest however shall be from the date of award till the realization of the amount iv.

The appellants would not be entitled to receive any interest for the period of delay caused in filing these appeals.

The pursis dated 19.09.2025 is taken on record and marked as "X" for identification purposes.

2.

In the light of the submissions consensually made by the parties, these First Appeals are disposed of in accordance with the terms expressed, agreed and understood in the said pursis filed on record today.

3.

Awards be modified accordingly.

[AJIT B. KADETHANKAR, J.] PRW