Bombay High CourtFA/1581/2019admittedallwdgrantedrule absolute

Vasanta S/O. Gobra Rathod v. The State Of Maharashtra And Others

2019-09-23Hon'Ble Shri Justice Manish Pitale2 pages

fa1581.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR First Appeal No.1581/2019 Vasanta Rathod Vs. The State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.J. Shinde, Advocate for appellant Mr. B.M. Lonare, AGP for respondents CORAM :MANISH PITALE, J.

DATED : SEPTEMBER 23, 2019 The learned counsel for the appellant submits that the case the appellant is covered by Judgment and order dated 17/10/2018, passed by this Court in First Appeal No.348/2003 (Deosing Rathod Vs. The State of Maharashtra and others), since the said appeal also pertained to acquisition of land from village Mokh Tah. Digras Dist. Yavatmal for the very same project for resettlement of project affected persons and that the Notification under Section 4 of the Land Acquisition Act, 1894, dated 13/2/1986 was the same. On this basis, it is contended that the appeal deserves to be allowed and the appellant is entitled to payment of compensation at Rs.6,50,000/- per hectare. Such position is not disputed by Mr. B.M. Lonare, learned AGP appearing on behalf of the respondents. 2.

Hence, relying upon the reasoning given by this Court in First Appeal No.348/2003, (Deosing

fa1581.19.odt Rathod Vs. The State of Maharashtra and others), the present appeal is partly allowed and the respondents are directed to pay compensation to the appellant at Rs.6,50,000/- per hectare along with all statutory benefits. The respondents shall deposit enhanced amount of compensation within a period of 6 months from today. The appellant shall be entitled to withdraw the amount immediately upon deposit of the same by the respondents.

JUDGE MP Deshpande