Dadarao S/O Bhaurao Bhalerao v. The State Of Maharashtra, Thr. Collector, Yavatmal

FA455&83-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

First Appeal No.455 of 2018 (Dadarao Bhaurao Bhalerao .vs. The State of Maharashtra through its Collector, Yavatmal. ) with First Appeal No.83 of 2018 (Digambar Kanhu Umare .vs. The State of Maharashtra through its Collector, Yavatmal) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. R.J. Shinde, Advocate for Appellants.

Mr. B.M. Lonare, AGP for Respondent CORAM : Manish Pitale, J.

DATED : September 26, 2019.

The appellants have approached this Court seeking enhancement of compensation for acquisition of their lands situated in village Sawanga, tahsil Digras, district Yavatmal.

2.

At the outset, the learned counsel appearing for the appellants placed reliance on judgment and order dated 18.09.2019 passed by this Court in First Appeal No. 723 of 2019 (Bhimrao Deorao Bhalerao and ors. .vs. The State of Maharashtra, through its Collector, Yavatmal), wherein this Court granted compensation at the rate of Rs.65,000/- per hectare for dry crop land located in the same village which was acquired pursuant to the same acquisition proceedings. On this basis, the learned counsel for the appellants is seeking identical relief.

FA455&83-18.odt 3.

The learned A.G.P. appearing on behalf of the respondent does not dispute the facts stated by the learned counsel for the appellant.

4.

Accordingly, the present appeals are partly allowed and the respondents are directed to pay enhanced compensation at the rate of Rs.65,000/- per hectare to the appellants because undisputedly the acquired land in the present case was dry crop land. The said enhanced amount of compensation shall be paid with all statutory benefits except interest for the period of delay in approaching this Court.

5.

Hence, the respondents shall now deposit the enhanced amount of compensation along with statutory benefits within a period of six months from today in this Court. Upon such deposit, the appellants shall be entitled to withdraw the same immediately.

JUDGE halwai