State Of Mah vs Hari Dhondu Tayade
2018 Latest Caselaw 1012 Bom

Citation : 2018 Latest Caselaw 1012 Bom
Judgement Date : 25 January, 2018

Bombay High Court

State Of Mah vs Hari Dhondu Tayade on 25 January, 2018

Bench: M.S. Sonak

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           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD
                  (1) FIRST APPEAL NO.1056 OF 2005  

 01 Special Land Acquisition Officer (I),
     Upper Tapi Project,
     Hatnur, Jalgaon.

 02 The Executive Engineer,
      Waghur Project,
      District Jalgaon.                              Appellants

          Versus

 01 Sumitrabai Bapu Patil,
     age: major, Occ: Agriculturists,
     R/o Dohari, Taluka Jamner,
     District Jalgaon.                          Respondent
  
                                  WITH
                  (2) FIRST APPEAL NO.1057 OF 2005  

 01 Special Land Acquisition Officer (I),
     Upper Tapi Project,
     Hatnur, Jalgaon.

 02 The Executive Engineer,
      Waghur Project,
      District Jalgaon.                              Appellants

          Versus

 01 Smt. Laxmibai Dada Patil,
     age: major, Occ: Agriculturists,
     R/o Dohari, Taluka Jamner,
     District Jalgaon.                          Respondent
  
                                  WITH
                  (3) FIRST APPEAL NO.1058 OF 2005  

 01 Special Land Acquisition Officer (I),
     Upper Tapi Project,
     Hatnur, Jalgaon.




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 02 The Executive Engineer,
      Waghur Project,
      District Jalgaon.                                Appellants

          Versus

 01 Dada Namdeo Patil,
     age: major, 

 02 Bapu Namdeo Patil,
      age: major, Occ: Agriculturists,
      R/o Dohari, Taluka Jamner,
      District Jalgaon.                         Respondents
  
                                  WITH
                  (4) FIRST APPEAL NO.1059 OF 2005  

 01 Special Land Acquisition Officer (I),
     Upper Tapi Project,
     Hatnur, Jalgaon.

 02 The Executive Engineer,
      Waghur Project,
      District Jalgaon.                                Appellants

          Versus

 01 Hari Dhondu Tayade,
     age: major, Occ: Agri.,


 02 Indubai Fakira Koli,
      age: major, Occ: Agri.,
     R/o Dohari, Taluka Jamner,
     District Jalgaon.                                 Respondents
  
                                     WITH
                      (5) FIRST APPEAL NO.1060 OF 2005  

 01 Special Land Acquisition Officer (I),
     Upper Tapi Project,
     Hatnur, Jalgaon.

 02 The Executive Engineer,




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      Waghur Project,
      District Jalgaon.                                Appellants

          Versus

 01 Dada Namdeo Patil,
     age: major, Occ: Agriculturists,
     R/o Dohari, Taluka Jamner,
     District Jalgaon.                          Respondent
  
                                  WITH
                  (6) FIRST APPEAL NO.1061 OF 2005  

 01 Special Land Acquisition Officer (I),
     Upper Tapi Project,
     Hatnur, Jalgaon.

 02 The Executive Engineer,
      Waghur Project,
      District Jalgaon.                                Appellants

          Versus

 01 Ahilyabai Namdeo Patil,
     age: major, Occ: Agriculturists,
     R/o Dohari, Taluka Jamner,
     District Jalgaon.                          Respondent
  
                                  WITH
                  (7) FIRST APPEAL NO.1062 OF 2005  

 01 Special Land Acquisition Officer (I),
     Upper Tapi Project,
     Hatnur, Jalgaon.

 02 The Executive Engineer,
      Waghur Project,
      District Jalgaon.                                Appellants

          Versus

 01 Tulshiram Sukhdeo Ushir,
     age: major, Occ: Agriculturists,
     R/o Dohari, Taluka Jamner,




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     District Jalgaon.                                 Respondent
  
                                     WITH
                      (8) FIRST APPEAL NO.1063 OF 2005  

 01 Special Land Acquisition Officer (I),
     Upper Tapi Project,
     Hatnur, Jalgaon.

 02 The Executive Engineer,
      Waghur Project,
      District Jalgaon.                                Appellants

          Versus

 01 Supadu Maharu  Patil,
      age: major;

 02 Raghunath Maharu Koli,
      age: major,

 03 Ramesh Maharu Koli,
      age: major,

 04 Bhaskar Maharu Koli,
      age: major,

 05 Mangalabai Madanlal Koli,
      (Nannaware), age: major,
     
     All Agriculturists,
     R/o Dohari, Taluka Jamner,
     District Jalgaon.                                 Respondents
  
                                     WITH
                      (9) FIRST APPEAL NO.1064 OF 2005  

 01 Special Land Acquisition Officer (I),
     Upper Tapi Project,
     Hatnur, Jalgaon.

 02 The Executive Engineer,
      Waghur Project,
      District Jalgaon.                                Appellants




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          Versus

 01 Bapu Namdeo Patil,
     age: major, 

 02 Dada Namdeo Patil,
      age: major,

      Both Agriculturists,
      R/o Dohari, Taluka Jamner,
      District Jalgaon.                                       Respondent

 Mr.A,M.Phule, A.G.P. for appellants.


                                            CORAM : M.S.SONAK, J.

                                           DATE    : 25th January, 2018.

 ORAL JUDGMENT  :

 1                In all these matters, we are concerned with acquisition 
 of Waghur Project.


 2                This Court, in the case of  Special Land Acquisition

Officer III, Jalgaon Vs. Bhagwat Vithal Sonawane, 2009 (4) MhLJ 308, has, on detailed consideration, determined rate of compensation in respect of lands acquired for Waghur Project, as follows:

(a) For Bagayat lands : Rs.4,00,000/- per hectare;

(b) For Jirayat land : Rs.2,00,000/- per hectare;

3 In all these appeals also, the Reference Court has granted similar rates and, therefore, following the decision of

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Division Bench in the case of Bhagwat (supra) of this Court, there is no case made out for interference in the award made by the Reference Court.

4 Accordingly, all these appeals stand covered by Special Land Acquisition Officer III, Jalgaon Vs. Bhagwat Vithal Sonawane, 2009 (4) MhLJ 308. For the reasons set out therein, all these appeals are disposed of. There shall be no order as to costs.

M.S.SONAK JUDGE dyb