Balaji S/O Bapuji Koshatwar ... vs The State Of Maharashtra ...
2017 Latest Caselaw 7196 Bom

                                              1




      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                       NAGPUR BENCH : NAGPUR



First Appeal (St) No. 3732 of 2017 

Appellants             :          1)  Balaji son of Bapuji Koshatwar (Dead)

                                  through hits legal heirs -

                                  1) Sudhabai wd/o Balaji Koshatwar, aged 

                                  about  60 years, Occ: Household

                                  2) Rajeet Balaji Koshatwar, aged about  44

                                  years,  Occ: Service

                                  3) Sanjay Balaji Koshatwar, aged about

                                  40 years, Occ: service, 

                                  4) Pritam Balaji Koshatwar, aged about 

                                  37 years, Occ: service,

                                  All residents of Digras, tahsil Digras, 

                                  District Yavatmal

                                  versus

Respondents            :          1)   The State of  Maharashtra, represented by

the Collector, Yavatmal

2) Special Land Acquisition Officer,

Benefitted Zone, Yavatmal

Shri R. J. Shinde, Advocate for appellant

Ms Mrinal Naik, Asst. Government Pleader for respondents

Coram : S. B. Shukre, J

Dated : 14th September 2017

Oral Judgment

1. CAF No. 3732 of 2017 : Heard. Learned counsel for the

applicants at the outset undertakes that in case the delay is condoned, the

applicants shall not claim any interest on the enhanced compensation, if

any, for the delayed period i.e. from 19 th August 1991 till date. For the

reasons stated in the application, delay caused in filing the appeal is

condoned. Appeal be registered. Disposed of.

2. First Appeal (St) No. 10719 of 2017 : Heard. Admit. Ms

Mrinal Naik, learned Assistant Government Pleader waives notice for and

on behalf of the respondents.

3. It is the contention of learned counsel for the appellant that

the land acquired for Arunavati Irrigation Project, which is involved in

this case, is situated at village Deurwadi and it is similar to the land

involved in First Appeal No. 912 of 1998 decided by this Court on 3 rd

August 2011 and First Appeal No. 709 of 2014, decided by this Court on

21st November 2014, wherein this Court while allowing the appeal,

declared that the appellants were entitled to receive enhanced

compensation @ Rs. 65,000/- per hectare for their land acquired by the

State and, therefore, this case would be covered by the said decisions of

this Court.

4. Learned Assistant Government Pleader appearing for the

respondents agreed that the land acquired in the instant matter is

substantially similar to the lands involved in the said appeals.

5. In view of the submissions of the rival parties, I am of the

opinion that the claimants in the instant case also deserve to be given

equal treatment and accordingly, this appeal deserves to be allowed on

the similar line as has been done by this Court while deciding First

Appeals No. 912 of 1998 and 709 of 2014.

6. Accordingly, the appeal is allowed.

(a) It is declared that the appellants are entitled to receive

enhanced compensation @ Rs. 65,000/- per hectare together with the

same benefits as regards interest, component, solatium as are granted by

the Reference Court in the impugned Award. Appellants, however, shall

not be entitled to receive interest on the enhanced compensation for the

delayed period i.e. from 19th August 1991 till date.

(b) The impugned Award stands modified in the above terms.

(c) Additional court fees shall be paid within one month from the

date of order and thereafter the enhanced compensation as granted under

this order, shall be deposited in this Court within two months, failing

which the appellants shall be at liberty to execute the decree of this Court.

        (d)     Parties to bear their own costs.



                                                        S. B. SHUKRE, J

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