Bombay High CourtFA/3531/2017disposed offdismissed for default

Bhagwan Jagannath Choudhari v. The Special Land Acquisition Officer U.T.P.H. -1 Jalgaon And ANR

2018-09-08Shri Justice J P Devadhar4 pages

-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 1 FIRST APPEAL NO. 3459 OF 2017 SHANKAR RAMKRUSHNA KHADSE (DIED) THR LRS RAJENDRA ANDORS

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

2 FIRST APPEAL NO. 3509 OF 2017 NAMDEO RAMKRUSHNA KHADSE (DIED) THR LRS ARUN AND ORS

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

3 FIRST APPEAL NO. 3510 OF 2017 RAMDAS NARAYAN PATIL (DIED) SHANTABAI AND ORS

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

4 FIRST APPEAL NO. 3524 OF 2017 RAVINDRA HIRAJI CHAUDHARI

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

5 FIRST APPEAL NO. 3527 OF 2017 BALIRAM JAGANNATH CHAUDHARI (DIED) THR LRS SULBHA ANDORSHE COURT OF LOK ADALAT

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

-26 FIRST APPEAL NO. 3528 OF 2017 BALIRAM NAMDEO BORSE KOLI (DIED) THR LRS HEMKANT AND ORS

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

7 FIRST APPEAL NO. 3530 OF 2017 MARAK KASHINATH BHIL

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

8 FIRST APPEAL NO. 3531 OF 2017 BHAGWAN JAGANNATH CHOUDHARI

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

Advocate for Appellant : Mr. Kale Ajeet B.

AGP for Respondent No.1: Mr. S.S. Dande Advocate for Respondent No.2 : Mrs. Chaitali Choudhari Kutti .....

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O R D E R

1.

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.

2.

Shri Pralhad Pandurang Warade, Executive Engineer, Waghur Dam Division, Jalgaon and Shri Ramsing Sulane, the Special Land Acquisition Officer No.1, Jalgaon are present in person and they admit the terms and conditions of the said compromise. The chart bears their signatures and also signatures of Mr. A.B. Kale, learned counsel appearing for the

-3appellants-claimants, Mr. S.S. Dande, learned A.G.P. for the respondent State and Mrs. Chaitali Kutti, learned counsel appearing for respondentacquiring 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 appeals relate 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 (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 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.

Statutory benefits be extended as awarded by the Reference court. 6.

Award/Decree be drawn up in terms of the chart/compromise placed

-4on record, as aforesaid.

7.

In view of the above compromise arrived at between the parties, all First Appeals 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/ by Rangnath Laxmanrao Jadhav Date: 2018.09.19 11:35:45 +0530 Rangnath Laxmanrao Jadhav