Bapurao Tukaram Khode (Dead) Through Lr'S, Shrikrishna S/O Bapuraoji Khode v. State Of Mah. Through The Collector, Yavatmal

1 fa270.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.270/2014 Bapurao Tukaram Khode through L.Rs. and others ..Versus..

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 - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 28.1.2015 Heard Shri A.P. Kalmegh, the learned advocate for the appellants, Shri A.B. Patil, the learned advocate for the respondent no.2 and Ms B.P. Maldhure, the learned A.G.P. for the respondents 1 and 3.

The learned advocates for the respective parties submit that the issue involved in the appeal is covered by the judgment given by this Court in First Appeal No.557/2007 and connected matters on 10 th

2 fa270.14 July, 2012. It is submitted that the acquisition of the land of the appellants was pursuant to the same notification by which the lands which were the subject matter of First Appeal No.557/2007 and connected matters were acquired.

Therefore, the following order.

(1) The appeal is partly allowed.

(2) The appellants - land owners are entitled for compensation of Rs.1,37,000/- per hectare along with all statutory benefits as per the Land Acquisition Act, 1894.

(3) The order passed by the learned Civil Judge Senior Division, Yavatmal in Land Acquisition Case No.487/2006 on 29 th September, 2009 is modified in the above terms.

(4) In the circumstances, the parties to bear their own costs. JUDGE Tambaskar.