Bombay High Court
Bhagawat Kashinath Ghyar And ... vs The State Of Maharashtra And ... on 8 August, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.4354 OF 2016
1 Bhagwat Kashinath Ghyar
age: 30 years, occu: agri
R/o Santamba, Post: Bhandegaon,
Tal & Dist. Hingoli.
2 Eknath Kashinath Ghyar
age: 26 years, occu: agri,
R/o Santamba, Post: Bhandegaon
Tal & Dist. Hingoli
3 Rameshwar Sambhaji Ghyar,
age: 45 years, occu: Agri,
R/o Santamba, Post- Bhandegaon,
Tal & Dist. Hingoli
4 Haosaji Sambhaji Ghyar
Age: 60 years, Occu: Agri
R/o Santamba, Post- Bhandegaon,
Tal & Dist. Hingoli
5 Navsaji Sambhaji Ghyar
age: 56 years, occu: agri
R/o Santamba, Post- Bhandegaon,
Tal & Dist. Hingoli
6 Bhanudas Laxman Ghyar,
age: 38 years, occu: agi
R/o Santamba, Post- Bhandegaon,
Tal & Dist. Hingoli
7 Jagan @ Jagannath Laxman Ghyar,
age:70 years, occu: agri
R/o Santamba, Post- Bhandegaon,
Tal & Dist. Hingoli
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8 Trambak Sambhaji Ghyar
age: 48 years, occu: agri
R/o Santamba, Post- Bhandegaon,
Tal & Dist. Hingoli
9 Gajanan Ananda Shinde
age: 35 years, occu: agri
R/o Santamba, 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,
Hinoli, Dist. Hingoli
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.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
