Shripath Punda Banbare vs The State Of Maharashtra And ...
2022 Latest Caselaw 9419 Bom

                                            1
                                                                          105.16FA

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                               FIRST APPEAL NO. 105 OF 2016

          Shripath S/o Punda Banbare
          Age : 60 years, Occ : Agriculture,
          R/o Itgyal, Tq. Mukhed,
          Dist. Parbhani
                                                           ..APPELLANT
                   VERSUS

          1.       The State of Maharashtra
                   through District Collector,
                   Nanded.

          2.       The Executive Engineer,
                   Vishnupuri Prakalp Division No.1,
                   Nanded.

          3.       The Special Land Acquisition
                   M.I.W. Nanded.
          .                                                ..RESPONDENTS
                                  ...
          Advocate for Appellant : Mr. G.N. Chincholkar
          AGP for respondent nos.1 and 3 : Mr.A.B. Chate
          Advocate for respondent no.2 : Mr.B.A. Shinde
                                       ...
                                  CORAM : S.G.DIGE, J.

DATE : 19.09.2022

PER COURT :

Heard.

2. The parties are at ad idem to have this appeal

105.16FA

dispose of in terms of the judgment and order dated 16 th

January, 2019 passed by this Court (Coram : P.R. Bora, J)

in First Appeal No.3133/2009 and other connected appeals

as well as the judgment and order dated 1 st September,

2021 passed by this Court (Coram : R.G. Avachat, J) in First

Appeal No.4521/2017 and other connected appeals.

3. The appellant is claiming that his land is dry

land. The Reference Court has considered the land of the

appellant as dry land. In appeal, the appellant has not

disputed this fact.

4. In view of the above, the present appeal stands

disposed of in terms of the judgment and order dated

16.01.2019 passed in first appeal no.3133/2019 and other

connected appeals as well as first appeal no.4521/2017 and

other connected appeals, provided that the appellant herein

shall not entitle for the interest for the delayed period in

preferring this appeal.

5. The appellant is entitle for interest as per the

105.16FA

view taken by this Court in the case of State of Maharashtra

Vs. Kailash Shiva Rangari reported in 2016(3) Mh.L.J. 457

on the enhanced amount of compensation from the date of

award.

6. The appeal is disposed of accordingly.

[S.G.DIGE] JUDGE SGA/-