Shri. Balaji Deosthan, Talegaon, Through President Radheshyamji Shrinarayanji Loya v. The State Of Maharashtra, Through The Collector, Yavatmal And Others
27-CAF-3496-16 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO.3496 OF 2016 IN FIRST APPEAL ST. NO.9435 OF 2016 Balaji Deosthan, Talegaon, Thr. Its President Radheshyamji Shrinarayaji Loya -vsThe State of Maharashtra, Thr. The Collector, Yavatmal and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
Shri S. V. Ingole, Advocate h/f Shri D. G. Patil, Advocate for applicant/appellant. Shri M. A. Kadu, AGP for respondent Nos.1 and 3. CORAM : DR (SMT) SHALINI PHANSALKAR-JOSHI, J. DATE : JUNE 23, 2017 Heard learned counsel for parties.
Considering reasons mentioned in the application, the delay in preferring the first appeal stands condoned subject to claimant not being entitled for interest on the amount of compensation if enhanced for the period from 19/04/2006 till 22/04/2016.
Civil application is allowed and disposed of. First Appeal St. No.9435 of 2016 Heard.
Admit.
Learned Assistant Government Pleader waives notice on behalf of respondent Nos.1 and 3.
It is pointed out by learned counsel for the appellant that in respect of the lands acquired under the same notification dated 31/12/1998 and under the same
27-CAF-3496-16 2/2 award of Special Land Acquisition Officer dated 22/02/2002, this Court in F.A. No.1263 of 2009 with connected appeals vide its judgment and order dated 26/07/2012 has enhanced the compensation to the tune of Rs.1,35,000/- per hectare alongwith all statutory benefits.
In view thereof this appeal deserves to be allowed. Accordingly the compensation amount is enhanced @ Rs.1,35,000/- per hectare from the rate of Rs.70,000/- per hectare as awarded by the Reference Court. To that extent the judgment and order of Reference Court dated 19/04/2006 is modified.
In view of order passed in C.A.No.3496 of 2016, the appellant would not be entitled for interest on the enhanced amount of compensation for the period from 19/04/2006 till 22/04/2016.
Appeal is disposed of in above terms. No order as to costs.
JUDGE Asmita