Bombay High Court
Kundlik S/O Bapu Sutar And Another vs The State Of Maharashtra, Through ... on 5 September, 2023
Bench: Avinash G. Gharote, Urmila Sachin Phalke
2023:BHC-NAG:13270-DB
1 917wp3380.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 3380/2018
PETITIONERS: 1] Himmatrao s/o Raghoji Jaibhaye,
Age 61 years, Occu: Agril. R/o Amona,
Tq. Chikhli, District Buldhana.
2] Pralhad s/o Pundlik Nikam,
Age-65 years, Occcu: Agril,
R/o Amona, Tq. Chikhli,
Dist. Buldhana.
3] Dinkar s/o Mahadu Borude,
Age 50 years, Occu: Agril. R/o Amona,
Tq. Chikhli, District Buldhana.
4] Santosh s/o Nararyan Jaibhaye,
Age 30 years, Occu: Agril. R/o Amona,
Tq. Chikhli, District Buldhana.
5] Ambadas s/o Dagadu Jagdale,
Age- 52 years, Occu: Agril.
R/o Amona, Tq. Chikhli,
District Buldhana.
6] Ganesh s/o Ramrao Jaibhaye,
Age - 55 years, Occu: Agril.
R/o Amona, Tq. Chikhli,
District Buldhana.
...V E R S U S...
RESPONDENTS 1] The State of Maharashtra,
through its Secretary, Revenue and
Forest Department, Mantralaya
Mumbai.
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2] The State of Maharashtra,
through its Principal Secretary,
Irrigation Department, Mantralaya,
Mumbai-32.
3] The Divisional Commissioner,
Amravati Division, Amravati.
4] The Collector, Buldhana District,
Buldhana.
5] The Sub-Divisional Officer Buldhana/
Land Acquisition Officer, Buldhana,
District Buldhana.
6] The Executive Engineer,
Khadakpurna Project Division,
Deulgaon Raja, Tq. Deulgaon Raja,
District Buldhana.
WITH
WRIT PETITION NO. 3467/2018
PETITIONER: Sakharam s/o Keshav Kakde,
Age 48 years, Occu: Agril.
R/o Kavthal, Tq. Chikhali,
District Buldhana.
...V E R S U S...
RESPONDENTS: 1] The State of Maharashtra,
through its Secretary, Revenue and
Forest Department, Mantralaya,
Mumbai.
2] The State of Maharashtra,
through its Principal Secretary,
Irrigation Department, Mantralaya
Mumbai-32.
3 917wp3380.2018.odt
3] The Divisional Commissioner,
Amravati Division, Amravati.
4] The Collector Buldhana District,
Buldhana.
5] The Sub-Divisional Officer,
Buldhana/ Land Acquisition Officer,
Buldhana, District Buldhana.
6] The Executive Engineer, Khadakpurna
Project Division, Deulgaon Raja,
Tq. Deulgaon Raja, District Buldhana.
WITH
WRIT PETITION NO. 3381/2018
PETITIONERS: 1] Kundlik s/o Bapu Sutar,
Age-65 years, Occu: Agril,
R/o Waghora, Tq. Sindkhed Raja,
District Buldhana.
2] Rama s/o Tateba Gavhad,
Age-63 Years, Occu: Agril,
R/o Waghora, Tq. Sindkhed Raja,
District Buldhana.
...V E R S U S...
RESPONDENTS: 1] The State of Maharashtra,
through its Secretary, Revenue and
Forest Department, Mantralaya,
Mumbai.
2] The State of Maharashtra,
through its Principal Secretary,
Irrigation Department, Mantralaya
Mumbai-32.
4 917wp3380.2018.odt
3] The Divisional Commissioner,
Amravati Division, Amravati.
4] The Collector,
District, Buldhana.
5] The Deputy Collector,
Land Acquisition (Medium Projects),
Buldhana, Collector Office, Buldhana.
6] The Executive Engineer,
Zilla Parishad Irrigation Division,
Buldana, District Buldhana.
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Mr. Rohit P. Masurkar, counsel for the petitioner.
Mr. M.K.Pathan, AGP for the respondent Nos. 1 to 5.
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CORAM : AVINASH G. GHAROTE &
URMILA JOSHI-PHALKE, JJ
DATE : 05/09/2023
JUDGMENT : (PC)
1. Rule. Rule made returnable forthwith. Heard
finally by consent of the parties.
2. The petitioners are aggrieved by non-applicability
of the revised multiplier factor as per the notifications dated
26.5.15 and 7.10.15 which has been used for the purpose of
calculating the quantum of compensation in respect of land
which has been acquired by the State Government for various
purposes. In Writ Petition 4274/2014 decided by the Bench
at Aurangabad, it appears that an undertaking was given
5 917wp3380.2018.odt
regarding the applicability of revised multiplier factor and the
use thereof, on account of which, the said petition was
disposed of.
3. Considering this position, the learned Division
Bench of this Court in Rajendra Pralhad Ghule and others
V/s The State of Maharashtra and others in Writ Petition No.
4805/2018 decided on 16/9/2019, has also directed the
applicability of the revised multiplier factor, for the
compensation calculated in the awards in seisin therein. In
this petition also, similar position has been raised.
4. We, therefore, allow the petition by directing the
respondent No.4 to take steps for revising the awards by
applying the instructions as contained in Government
Resolutions dated 26.5.15 and 7.10.15.
5. In case any difference of the amount is found
payable to the petitioners, upon such revised calculations
being made, the same shall be paid within three months
thereupon.
6. Rule is made absolute in the above terms. No
costs.
(URMILA JOSHI-PHALKE, J) (AVINASH G. GHAROTE, J.)
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Signed by: Mr. R.K. NANDURKAR
Designation: PA To Honourable Judge
Date: 06/09/2023 19:41:38
