Amrutrao Anandrao Patil And 3 Others v. The State Of Maharashtra Through Collector Yavatmal And Others

7 caf1953.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 1953 OF 2021 IN FIRST APPEAL NO. 237 OF 2014 (D) Amrutrao Anandrao Patil and others Vs. The State of Maharashtra and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri S.D. Dharaskar, Advocate h/f Shri K.S. Narwade, Advocate for appellant. Ms Jayshree J Alkari, Advocate for respondent no.5. Ms Shamsi Haider, AGP for respondent nos.1 to 3. CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 4 th OCTOBER, 2021.

Heard.

2.

By way of this application, the appellants/claimants are seeking modification in the order dated 14.09.2021.

3.

I have perused the application and order dated 14.09.2021. I have also perused the judgment in First Appeal No.344 of 2004 relied on by this Court in passing the order dated 14.09.2021. It appears that there is an inadvertent mistake in the calculation of compensation amount, in the aforesaid order dated 14.09.2021. It came to be decreased by 10%. On the contrary it ought to have been increased by 20% of the Rs.1,12,500/-, which is the rate considered in First Appeal No.344 of 2004 by relying on the sale instance of the year 1993. The acquisition in the present case is of the year April 1995 and therefore the

7 caf1953.21.odt appellants/claimants are entitled for the compensation by calculating 20% increase of rate of Rs.1,12,500/- per hectare, which comes to Rs.1,35,000/-.

4.

Learned counsel for the respondents have no objection in considering this application.

5.

Considering the aforesaid discussion, order dated 14.09.2021 stands corrected in the aforesaid terms. 6.

The application stands disposed of.

JUDGE Wagh