Bombay High Court
Pralhad Rajaram Jagtap And Others vs The State Of Maharashtra And ... on 5 August, 2016
Bench: R.M. Borde
WP 6761/16
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6761/2016
1] Pralhad Rajaram Jagtap
Age:55 Years, Occ. Agri
R/o. At/Post- Bhandegaon,
Tal.&Dist: Hingoli.
2] Namdeo Sakharam Jagtap
Age:60 Years, Occ. Agri
R/o. At/Post- Bhandegaon,
Tal.&Dist: Hingoli.
3] Laxman Sakharam Jagtap
Age:50 Years, Occ. Agri
R/o. At/Post- Bhandegaon,
Tal.&Dist: Hingoli.
4] Manglabai Sitaram Jagtap
Age:40 Years, Occ. Agri
R/o. At/Post- Bhandegaon,
Tal.&Dist: Hingoli.
5] Vitthal Sakharam Jagtap
Age:55 Years, Occ. Agri
R/o. At/Post- Bhandegaon,
Tal.&Dist: Hingoli.
...Petitioners...
Versus
1] The State of Maharashtra
Through Its Secretary,
Irrigation Development Department,
Mantralaya, Mumbai.
2] The District Collector,
Hingoli, Dist:Hingoli.
3] The Sub Divisional Officer,
Land Acquisition Officer,
Hingoli, Dist:Hingoli.
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4] The Executive Engineer,
Minor Irrigation Division, Parbhani
Jayakwadi Colony, Koregaon Road,
Tal.Dist:Parbhani.
5] The Sub Divisional Engineer,
Minor Irrigation Division,
Shivajinagar, Near Water Tank,
Hingoli. ...Respondents...
.....
Mr.Dhananjay K. Thote, Advocate for the petitioners.
Mr.V.M. Kagne, AGP for respondent Nos.1 to 3.
For respondent nos.4 & 5, the petitioners have filed
affidavit of service.
.....
CORAM: R.M. BORDE &
K.L. WADANE, JJ.
DATE: 05.08.2016
ORAL JUDGMENT (Per Borde, J.):
1] Heard the learned counsel for the parties.
2] Rule. Rule made returnable forthwith and the
petition is taken up for final disposal with the consent
of learned counsel for the respective parties.
3] The petitioners are objecting to the award passed
by the Land Acquisition Officer on 07.04.2015
determining the amount of compensation in respect of the
acquired property. The award has been passed in respect
of the land situated in rural area by consideration of
multiplier factor of 1.1. In view of the judgment
delivered by this Court in Writ petition No.4274/2016 and
in pursuance to the notification issued by the
Government on 26.05.2015, the acquisition authorities
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are required to apply multiplier as 2 in respect of the
properties situated in rural areas.
4] In view of above, the award passed by the land
acquisition authorities needs to be corrected so far as
the computation of amount of compensation is concerned.
The respondents are thus directed to determine the
amount of compensation payable to the petitioners by
prescription of multiplier factor 2 and declare the
award afresh and pay the amount of compensation to the
petitioners expeditiously.
5] The respondents are directed to determine the
amount of compensation under the award in observance of
the directions as above as expeditiously as possible and
preferably within a period of six weeks from today and it
is accordingly directed.
6] Rule is made absolute accordingly. There shall be
no order as to costs.
(K.L. WADANE, J.) (R.M. BORDE, J.)
ndk/c581614.doc
