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Bombay High CourtFA/987/2019disposedoff

Khandu Tukaram Deokar v. The State Of Maharashtra Through Collector, Yavatmal

2019-09-24Hon'Ble Shri Justice Manish Pitale2 pages

1 / 2 fa987.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 987 OF 2019 Khandu Tukaram Deokar vs.

The State of Maharashtra through its Collector Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. R. J. Shinde, counsel for appellant.

Shri. B. M. Lonare, counsel for the respondent. CORAM : Manish Pitale J DATED : 24.09.2019 The learned counsel appearing for the appellant (original claimant) has filed pursis stating that the present appeal is covered by judgment and order dated 18.09.2019 passed by this Court in First Appeal No.723/2019 [ Bhimrao Deorao Bhalerao (Dead) through legal heirs Pramila Bhimrao Bhalerao and others vs. The State of Maharashtra through Collector, Yavatmal ].

2.

It is pointed out that by the learned counsel for the appellant that in the present appeal also the land belonging to the appellant was acquired from the same village Sawanga, Tahsil Digras, District Yavatmal. This fact is not disputed by the learned AGP appearing for the respondent.

2 / 2 fa987.19 3.

Hence, the instant appeal is partly allowed and the respondent State is directed to pay enhanced compensation to the appellant @Rs.65000/- per hectare for acquired dry crop land and @Rs.1,30,000/- for irrigated land, along with statutory benefits.

4.

The respondent shall deposit the enhanced amount of compensation in this Court within a period of six months from today and upon such deposit of amount, the appellant shall be entitled to withdraw the amount immediately.

5.

It is further made clear that the appellant shall not be entitled to interest for the period of delay in approaching this Court as specifically recorded in order dated 04.03.2019 by this Court.

6.

Appeal stands disposed of. No order as to costs.

JUDGE KOLHE