Pandit Tatyarao Bhapkar vs The State Of Maharashtra And Anr
2018 Latest Caselaw 102 Bom

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                                                                               fa23.03.odt

           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                   FIRST APPEAL NO. 23 OF 2003
                                  
 Pandit s/o Tatyaro Bhapkar
 age 55 years, occ. agriculture
 r/o Bhosa, TQ.  Dist. Latur                                              Appellant

          Versus

 1.       The State of Maharashtra
          through the Collector,
          Latur.

 2.       The Executive Engineer,
          Minor Irrigation, Zilla Parishad,
          Latur.                                                          Respondents

 Mr. A.M. Phule, AGP for respondents. 
  
                                 CORAM : M.S. SONAK, J.
                                DATE     : 5th JANUARY, 2018

 JUDGMENT :

1. None for appellant. Learned AGP Mr. Phule appears for respondents.

2. The issue involved in this appeal is identical to the issue involved in First Appeal No. 22/2003, which is disposed of today, by separate judgment and order. Accordingly, for the reasons set out in the said judgment and order, this appeal is partly allowed.

3. The impugned award is accordingly modified. Compensation is now directed to be determined at the rate of Rs.65,000/- per Hectare instead of Rs.50,000/- per Hectare. In respect of other

{2} fa23.03.odt

aspects, the impugned award is left undisturbed. Needless to add that the appellant will be entitled not only to the enhanced compensation at the rate of Rs.65,000/- per Hectare but also all consequential benefits arising therefrom.

4. Respondent are directed to deposit the difference between compensation awarded by the reference Court and the compensation now determined, within a period of three months from today. This is on the basis that respondents have already paid compensation as awarded by the reference Court. If, the same has not been paid, respondents are directed to deposit the same within three months from today. Upon such deposit, appellant shall be at liberty to withdraw the same.

5. Appeal is allowed to the aforesaid extent. There shall be no order as to costs.

( M.S. SONAK, J. )

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