Santosh Pawan Gadari vs The Special Land Acquisition Officer on 31 January, 2018

[Cites 0, Cited by 1]

Bombay High Court

Santosh Pawan Gadari vs The Special Land Acquisition Officer on 31 January, 2018

Bench: M.S.Sonak

                                          {1}
                                                                        fa148912.odt

        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD
                  FIRST APPEAL NO.1489 OF 2012
                                     
 Santosh s/o Pawan Gadari,
 age: 65 years, Occ: Agricultural
 Labourer, R/o Kunzar, Tal.
 Chalisgaon, District Jalgaon.              Appellant

          Versus

 The Special Land Acquisition
 Officer, Jalgaon, Dist.Jalgaon.                            Respondent

 Mr.P.R.Patil, advocate for the appellant.
 Mr.A.M.Phule, A.G.P. for the Respondent
  

                                            CORAM : M.S.SONAK, J.
                                           DATE    : 24th January, 2018.

 ORAL JUDGMENT  :

1 Heard learned Counsel for the appellant and learned A.G.P. for the Respondent.

2 While disposing of First Appeal No.1231/2003 arising out of LAR No.448/1991 and First Appeal No.1488/2012, arising out of LAR No.449/1991, this Court has determined compensation in respect of jirayat land @ Rs.42,000/- per hectare and Rs.84,000/- per hectare in respect of bagayat land, in relation to the acquisition under same Notification, under the same project and from the same village.

3 Present appeal arises out of LAR No.447/1991. Accordingly, for the reasons set out in the judgment and order dated 30.01.2018 in aforesaid First Appeals, the compensation in ::: Uploaded on - 05/02/2018 ::: Downloaded on - 06/02/2018 01:27:54 ::: {2} fa148912.odt respect of jirayat land is enhanced to Rs.42,000/- per hectare and in respect of bagayat land, enhanced to Rs.84,000/- per hectare. In this case, bagayat land bears G.No.351, admeasuring 2 hectares and 32 Ares and 51 Ares pot kharab land.

4 Applying the reasoning in judgment and order dated 30.01.2018, compensation in respect of bagayat land will have to be enhanced to Rs.84,000/- per hectare and for pot kharab land, the compensation will have to be increased to Rs.21,000/-.

5 The appeal is, therefore, partly allowed to the aforesaid extent. There shall be no order as to costs. The Respondent is directed to work out the compensation on the basis of aforesaid rates and to deposit the same together with proportionate statutory benefits and interest in this Court within a period of twelve weeks from today. On deposit, the appellant shall be entitled to withdraw the same. Pending Civil Application does not survive and stand disposed of.

M.S.SONAK JUDGE adb ::: Uploaded on - 05/02/2018 ::: Downloaded on - 06/02/2018 01:27:54 :::

Unlock Advanced Research with PRISMAI

Bombay High Court