Supreme Court - Daily Orders
Walmik Narayan Katkade vs The State Of Maharashtra on 29 November, 2019
Bench: Navin Sinha, Krishna Murari
ITEM NO.37 COURT NO.14 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 9538/2016
(Arising out of impugned final judgment and order dated 21-01-2015
in FA No. 1460/2013 passed by the High Court of Judicature at
Bombay at Aurangabad)
WALMIK NARAYAN KATKADE & ORS. Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ANR. Respondent(s)
WITH
SLP(C) No. 29555/2016 (IX)
Date : 29-11-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE NAVIN SINHA
HON'BLE MR. JUSTICE KRISHNA MURARI
For Petitioner(s) Mr. Sachin Patil, Adv.
Mr. Sanjay Kharde, Adv.
Mr. Samrat Shinde, Adv.
Mr. Sant Dharamveer Chotiwala, Adv.
Mr. Sunil Kumar Verma, AOR
For Respondent(s)
Mr. Nishant Ramakantrao Katneshwarkar, AOR
Mr. Anoop Kandari, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeals are allowed in terms of signed order.
Signature Not Verified (NEETA SAPRA) Digitally signed by RACHNA Date: 2019.12.04 (DIPTI KHURANA) PERSONAL ASSISTANT 15:33:58 IST Reason: COURT MASTER (NSH)
(Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL 9116 OF 2019 (Arising out of Special Leave Petition (Civil) No. 9538 of 2016) WALMIK NARAYAN KATKADE & ORS. APPELLANT (S) VERSUS THE STATE OF MAHARASHTRA & ANR. RESPONDENT(S) WITH CIVIL APPEAL 9117 OF 2019 (Arising out of Special Leave Petition (Civil) No. 29555 of 2016) SANT SADGURU JANARDAN SWAMI (MAUNGIRI) MAHARAJ SRI KASHI VISHWANATH MAHADEO TRUST AND ORS. AND ORS. APPELLANT (S) VERSUS THE STATE OF MAHARASHTRA AND ANR. AND ANR. RESPONDENT (S) O R D E R Leave granted.
The Land Acquisition Officer had granted compensation of Rs.4,88,792/- which has been enhanced by the Reference Court under Section 18 of the Land Acquisition Act, 1894 to Rs.5,78,600/-. The compensation has been further enhanced by the High Court to Rs.10,00,000/- Per Hectare. We are satisfied that the Reference Court rightly relied upon Exhibit 27 as an exampler sale deed. But, we are also satisfied in the nature of the acquisition for a National Highway that the deduction of 75% ordered is excessive. The acquisition is not for the purpose of residential areas -2- which requires substantial funds for investment and development. We, therefore, consider it proper to reduce the deduction from 75% to 25%.
The appeals are allowed only to the aforesaid extent.
…………………………………………..J. [NAVIN SINHA] …………………………………………….J. [KRISHNA MURARI] NEW DELHI;
NOVEMBER 29, 2019