The State Of Mah And Anr vs Onkar Bhura Vanjari L.Rs. Arjun ...
2018 Latest Caselaw 101 Bom

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                                                                  fa1404.11.odt

           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                     FIRST APPEAL NO. 1404 OF 2011
                                      
 1.       The State of Maharashtra
          Through the Special Land Acquisition Officer
          Upper Tapi Project (Hatnur) No. I
          Jalgaon
          Dist. Jalgaon.

 2.       The Executive Engineer,
          U.T.P.H.,Waghur Project
          Jalgaon
          Dist. Jalgaon                                         Appellants


          Versus


          Onkar Bhura Vanjari
          Deceased through LRs.

          1.      Arjun Onkar Tavan
                  age 48 years.

          2.      Pandamsing Onkar Tavan
                  age 40 years.

          3       Mirabai Narsing Rathod
                  age 54 years

          4.      Kausalybai Lakhichand Rathod
                  age 35 years.

                  All r/o Dohari Tanda
                  Tq. Jamner, Dist. Jalgaon                     Respondents

 Mr. A.M. Phule, AGP for appellants.
 Mr. V.D. Gunale, advocate for respondent no. 1.




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                                                                    fa1404.11.odt

                                 WITH
                  CROSS OBJECTION ST. NO. 14424 OF 2017
                                   IN
                      FIRST APPEAL NO. 1404 OF 2011

 Onkar Bhura Vanjari
 Deceased through LRs.

 1-A) Arjun Onkar Tavan
      age 48 years.

 1-B) Pandamsing Onkar Tavan
      age 40 years.

 1-C) Mirabai Narsing Rathod
      age 54 years

 1-D). Kausalybai Lakhichand Rathod
       age 35 years.

          All r/o Dohari Tanda
          Tq. Jamner, Dist. Jalgaon                       Appellants

 Versus

 1.       The State of Maharashtra
          Through the Special Land Acquisition Officer
          Upper Tapi Project (Hatnur) No. I
          Jalgaon
          Dist. Jalgaon.

 2.       The Executive Engineer,
          U.T.P.H.,Waghur Project
          Jalgaon
          Dist. Jalgaon                                  Respondents 

 Mr. V.D. Gunale, advocate for appellants.
 Mr. A.M. Phule, AGP for respondent no. 1.
  

                                       CORAM : M.S. SONAK, J.
                                      DATE     : 5th JANUARY, 2018




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                                                                          fa1404.11.odt

 JUDGMENT :

1. With the consent of learned counsel for the parties, this appeal is taken up for final disposal.

2. There is no dispute that the acquired lands which are subject matter of this appeal are situate in village Dohari, Tq. Jamner, Dist. Jalgaon. There is also no dispute that the acquired lands are Bagayat lands and the reference Court has awarded compensation at the rate of Rs. 3,00,000/- per Hectare.

3. Learned counsel for the parties fairly point out that this matter will stand covered by order passed on 05.01.2009 by Division Bench of this court in the matter of Special Land Acquisition Officer (III) Jalgaon and another Vs. Bhagwat Vitthal Sonawane reported in 2009(4) Mh.L.J. 308. In respect of similar Bagayat lands from village Singayat Tq. Jamner, Dist. Jalgaon, the Division Bench has determined compensation at the rate of Rs. 4,00,000/- per Hectare.

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4. Accordingly, the appeal filed by the State Government and the acquiring body will have to be dismissed and the Cross Objection filed by claimants will have to be allowed by directing that they shall be entitled to compensation at the rate of Rs. 4,00,000/- per Hectare in respect of Bagayat lands instead of Rs.3,00,000/- per Hectare which has been awarded by the reference Court. Except for this modification and the consequential benefits arising thereof, rest of the award remains undisturbed.

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5. Appeal and the cross objection are disposed of in aforesaid terms.

( M.S. SONAK, J. )

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