Bombay High Court
Balaji S/O Bapuji Koshatwar ... vs The State Of Maharashtra ... on 14 September, 2017
Bench: S.B. Shukre
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
joshi
