(Judgment) 2909 FA 920-2007 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH AT NAGPUR.
FIRST APPEAL NO. 920/2007
1] Ashok Laxman Adagale,
Aged - Adult, Occu: Agriculturist,
R/o. Kurali, Taq. Umarkhed,
Distt. Yavatmal.
2] Hanumant Laxman Adagale,
Aged 55 years, Occu: Agriculturist,
R/o. Kurali, Taq. Umarkhed,
Distt. Yavatmal. APPELLANTS
.....VERSUS.....
1] The State of Maharashtra,
through Collector, Yavatmal.
2] Executive Engineer,
Lower Pus Project,
Pusad, District - Yavatmal.
3] The Special Land Acquisition Officer,
Lower Pus Project,
Pusad, District - Yavatmal. RESPONDENTS
Shri S.M. Puranik, counsel for appellants.
Ms. R.V. Kalia, AGP for respondent nos.1 and 3.
Shri Amol Patil, counsel for respondent no.2.
CORAM: S.B. SHUKRE, J.
DATE : SEPTEMBER 29, 2017.
ORAL JUDGMENT :
Heard Shri Puranik, learned counsel for the ::: Uploaded on - 04/10/2017 ::: Downloaded on - 05/10/2017 01:11:33 ::: (Judgment) 2909 FA 920-2007 2/4 appellants. He makes an oral request of restoration of appeal against the respondent no.2, which was dismissed on a technical ground of not making efforts for effecting service upon merits on the respondent no.2. He submits that Shri Patil is already present today and he represents respondent no.2. 2] Shri Patil, learned counsel for respondent no.2 is present and has no objection if this appeal is restored against respondent no.2. He also waives notice on behalf of respondent no.2. Accordingly, appeal is restored against respondent no.2. 3] I have heard finally by consent, Shri Puranik, learned counsel for the appellants, Ms. Ritu Kalia, learned AGP for the respondent nos.1 and 3 and Shri Patil, learned counsel for the respondent no.2.
4] Shri Puranik has placed his reliance upon the judgment of this Court rendered in the group of appeals, starting with First Appeal No. 1151/2008, ::: Uploaded on - 04/10/2017 ::: Downloaded on - 05/10/2017 01:11:33 ::: (Judgment) 2909 FA 920-2007 3/4 decided on 04/07/2017, wherein, this Court determined the market value of the acquired land to be at the rate of Rs.83,000/- per hector and accordingly granted compensation together with all statutory benefits in the same manner as granted by the reference court, but on the rate determined by this Court.
5] Shri Patil as well as learned AGP concede that issue involved in this appeal, there being similarity of lands, is covered by the same judgment of this Court. Therefore, this appeal also deserves to be disposed of on similar lines, as has been done by this Court in the group of appeals starting with First Appeal No.1151/2008, decided on 04/07/2017. 6] Accordingly, this appeal is partly allowed and it is declared that the appellants are entitled to receive compensation at the rate of Rs.83,000/- per hector, together with same statutory benefits, as are granted by the reference court.
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(Judgment) 2909 FA 920-2007 4/4
7] Award of the reference court stands
modified in above terms.
8] Parties to bear their own costs.
JUDGE
Yenurkar
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