The Spl Land Acquisiton Officer ... vs Mrs Padmabai Kashinath Patil
2018 Latest Caselaw 665 Bom

                                    (1)                     939-FA 700 of 2005 & ors.



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD
                     939 FIRST APPEAL NO. 700 OF 2005
                    WITH CA/8240/2005 IN FA/700/2005 

1.    The Special Land Acquisition
      Officer, UTPH No.1, Jalgaon.

2.    The Executive Engineer,
      Waghur Project, Jalgaon.                       ..Appellants.

                       VERSUS

.     Bharat s/o.Kashinath Patil
      Age: Major, Occu.: Agriculturist,
      R.o.Dohari, Tal.Jamner.
      Dist.Jalgaon.                                  ..Respondent

                              ...
               AGP for Appellants : Mr.A.M.Phule
       Advocate for Respondents : Mr.A.B.Kale (absent)
                              ...
                             WITH 
        FA/695/2005 WITH CA/8235/2005 IN FA/695/2005 
                             WITH 
        FA/697/2005 WITH CA/8237/2005 IN FA/697/2005 
                             WITH 
        FA/698/2005 WITH CA/8238/2005 IN FA/698/2005 
                             WITH 
         FA/699/2005 WITH CA/8239/2005 IN FA/699/2005
                              ...
                                    CORAM :  M.S.SONAK, J.

DATE : 18th January, 2018

ORAL JUDGMENT:-

1) Heard Mr.A.M.Phule learned AGP for the appellants.

(2) 939-FA 700 of 2005 & ors.

The respondents though served neither present nor represented.

2) There is no dispute that the subject matter of these appeals is covered by the decision of the Division Bench in the case of Special Land Acquisition Officer (III) Jalgaon and another Vs. Bhagwat Vitthal Sonavane, [2009 (4) MH.L.J., 308]. The decision deals with the lands under the same Notification, which came to be acquired under Waghur Project. Therein this Court has determined compensation @ Rs.4,00,000/- per hectare for Bagayat land, Rs.2,00,000/- per hectare for Jirayat land and Rs.1,00,000/- per hectare for Pot-Kharab land. Since, the Reference Court in the present case had determined the compensation precisely in the same manner and at the same rates, it is obvious that the subject matter of these appeals is covered by the decision of the Division Bench in the case of Bhagwat Vitthal Sonavane (supra).

3) Accordingly, following the decision in the case of Bhagwat Vitthal Sonavane (supra), all these appeals are liable to be dismissed and hereby dismissed. As the Appeals are dismissed, Civil Applications are also disposed of.

[M.S.SONAK, J.] SPT/939-FA 700 of 2005 & ors.