Smt. Dharmibai Maroti Jadhao v. The State Of Maharashtra Through Collector, Yavatmal And 2 Others

2025:BHC-NAG:495 1/2 36-FA-1551-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 1551 OF 2019 SMT. DHARMIBAI MAROTI JADHAO (DEAD) THROUGH LRS AND OTHERS Vrs.

THE STATE OF MAHARASHTRA AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V. N. Patre, Advocate for LRs of appellant. Ms. M. R. Kavimandan, AGP for respondent Nos.1 and 3. Mr. M. A. Kadu, Advocate for respondent No.2. -------------------------

CORAM

: SANDIPKUMAR C. MORE, J.

DATE : JANUARY 15, 2025.

1.

During the pendency of this appeal, the appellants - claimants preferred Civil Application (CAF) No.3772/2024 for disposal of present appeal, in view of the earlier order passed by this Court in First Appeal No.1330/2008 wherein the rate of compensation awarded in respect of dry crop land is Rs.83,000/- per hectare.

2.

The learned counsel for the respondent No.2 - Acquiring Body consented for the same rate to be awarded in this appeal, on oral instructions received from the Acquiring Body. 3.

As such, the present appeal stands allowed and disposed of in terms of the aforesaid Judgment dated 03/10/2019 in First Appeal No.1330/2008.

4.

The award be prepared accordingly.

5.

It is made clear that the appellants are not claiming any compensation in respect of the trees in the acquired land.

2/2 36-FA-1551-19.odt 6.

The appeal along with Civil Application (CAF) No.3772/2024 stands disposed of accordingly.

7.

It is also made clear that the appellants are not entitled for the interest and statutory benefits for the period from 30/04/2008 till 28/08/2018 on the enhanced amount of compensation as per the order dated 28/08/2018. (SANDIPKUMAR C. MORE, J.) Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 17/01/2025 11:38:39