Bombay High Court
Gajanan Yeshvanta Jagtap And ... vs The State Of Maharashtra And ... on 8 August, 2016
Bench: R.M. Borde
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wp 3037.16.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.3037 OF 2016
1 Gajanan Yeshvanta Jagtap
age: 35 years, occu: agri
R/o At/Post Bhandegaon,
Tal & Dist. Hingoli.
2 Laxman Bhikaji Korde
age: 65 years, occu: agri,
R/o At/Post Bhandegaon,
Tal & Dist. Hingoli.
3 Bhanudas Kashiram Korde,
age: 50 years, occu: Agri,
R/o At/Post Bhandegaon,
Tal & Dist. Hingoli.
4 Rayaji Ananda Korde
age: 65 years, occu: agri
R/o At/Post Bhandegaon,
Tal & Dist. Hingoli.
5 Yeshvant Dhanaji Korde
Age: major, occu: agri
R/o At/Post Bhandegaon,
Tal & Dist. Hingoli
6 Pandurang Narayan Jagtap,
Age: 69 years, occu: agri
R/o At/Post Bhandegaon,
Tal & Dist. Hingoli
7 Yeshvanta Navsaji Jagtap
Age: 70 years, occu: agri
R/o At/Post Bhandegaon,
Tal & Dist. Hingoli
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8 Bhanudas Yeshvanta Jagtap
Age: 30 years, occu: agri
R/o At/Post Bhandegaon,
Tal & Dist. Hingoli
9 Kisan Yeshvanta Jagtap
Age: 45 years, occu: agri
R/o At/Post Bhandegaon,
Tal & Dist. Hingoli
10 Pandurang Sakharam Korde,
Age: 60 years, occu: agri
R/o At Navalghavan,
Post Bhandegaon,
Tal & Dist. Hingoli
ig Petitioners
Versus
1 The State of Maharashtra
Through Its Secretary,
Irrigation Development Department,
Mantralaya, Mumbai
2 The District Collector,
Hingoli, Dist: Hingoli
3 The Deputy Collector,
Land Acquisition,
Hingoli, Dist. Hingoli
4 The Executive Engineer,
Upper Penganga Project,
Division -2 Hingoli,
Tal & Dist. Hingoli Respondents
Mr.D.K. Thote advocate for the petitioners
Mr. V.M. Kagne, Assistant Government Pleader for Respondents No.1 to
3 _______________
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CORAM : R.M. BORDE &
K.L. WADANE, JJ
(Date : 8th August, 2016.)
ORAL JUDGMENT
(Per: R.M. 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 by 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
26.5.2015, the acquisition authorities 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
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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)
vbd
