Savailal Hansraj Tawar v. The Special Land Acquisition Officer Upper Tapi Project Hatnur-1, Jalgaon And Another
-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 9 FIRST APPEAL NO. 2690 OF 2015 JOTMAL HARI TAWAR
VERSUS
THE STATE OF MAHARASHTRA AND ORS .....
10 FIRST APPEAL NO. 2691 OF 2015 RAJMAL HARI TAWAR HE COURT OF LOK ADALAT
VERSUS
THE STATE OF MAHARASHTRA AND ORS .....
11 FIRST APPEAL NO. 3642 OF 2017 SAVAILAL HANSRAJ TAWAR
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER UPPER TAPI PROJECT HATNUR1, JALGAON AND ANOTHER .....
12 FIRST APPEAL NO. 3643 OF 2017 BADRI DASHRATH TAWAR
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER UPPER TAPI PROJECT HATNUR1, JALGAON AND ANOTHER .....
13 FIRST APPEAL NO. 3644 OF 2017 PANDHARI KASHIRAM TAWAR
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER UPPER TAPI PROJECT HATNUR1, JALGAON AND ANOTHER .....
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 and Mr. S.D. Dhongde .....
(05)
-2O 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 chart. The chart bears their signatures and also signatures of Mr. A.B. Kale, learned counsel appearing for the appellantsclaimants, Mr. S.S. Dande, learned A.G.P. for the respondent State and Mrs. Chaitali Kutti, 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 appeals relate to the acquisition of land for U.T.P.H. Hatnur-1, Jalgaon 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
-3would 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 on 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/ Rangnath Laxmanrao Jadhav Rangnath Laxmanrao Jadhav Date: 2018.09.19 11:36:47 +0530