Allowed

Dnyanoba Dhanaji Korde and Others v. the State of Maharashtra and Others

Bombay HC25 Jul 2016WP/3038/2016

Case brief

AI extract

What is this about?

This judgment disposed of three writ petitions challenging land acquisition awards. The Court held that an award calculating compensation with a multiplier of 1.1 was erroneous following a government notification requiring a multiplier of 2. It directed the authorities to compute compensation afresh, pay the petitioners, and complete the process within six weeks.

What did the court decide?

The award passed by the Land Acquisition Officer is to be corrected by prescribing the multiplier factor of 2, declaring the award afresh, and paying the compensation amount to the petitioners within

Dnyanoba Dhanaji Korde and Others Vs the State of… — Land Acquisition | Bombay HC (2016)

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41 43,44.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2789 OF 2016

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1. Sitaram Baliram Korde

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2. Datta Sakharam Korde

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3. Om Sitaram Korde

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4. Mahadu Ananda Korde

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5. Kisan Sakharam Korde

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6. Tukaram Baliram Korde

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7. Gajanan Tukaram Korde

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8. Naamdev Tukaram Korde

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9. Bhagvat Tukaram Korde

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10. Gabesg Sitaram Korde

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Minor, through his Hirdian-
Sitaram Baliram Korde.

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All r/o Navalghavan Post
Bhandegaon Tq. & Dist. Hingoli

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11. Prayagbhai w/o Kedarling Tekale

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12. Mahada s/o Kundlika Jagtap

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13. Bhanudas s/o Kundlika Jagtap ... Petitioners

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11 to 13 R/o at Post
Bhandegaon, Tq.& Dist. Hingoli

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VERSUS

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1. The State of Maharashtra, Through its Secretary, Irrigation Development Department, Mantralaya, Mumbai

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2. The District Collector, Hingoli, Dist. Hingoli

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1/5

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41 43,44.odt

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3. The Sub Divisional Officer, Land Acquisition Officer, Hingoli, Dist. Hingoli The Executive Engineer, ... Respondents

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4. Upper Penganga Project, division -2, Hingoli, Tq. and District Hingoli. WITH

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WRIT PETITION NO.3003 OF 2016

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1. Narulla Khan Vahidulla Khan Pathan

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2. Amjad Khan Vahidulla Khan Pathan

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3. Abed Khan Hamidulla Khan Pathan

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4. Asef Khan Hamidulla Khan Pathan

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5. Nasrulla Khan Hamidulla Khan Pathan

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6. Ajagarbi Hamidulla Khan Pathan 7. Shripati Mohan Tapase ... Petitioners All r/o Santmba Post Bhandegaon Tq.& Dist. Hingoli

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VERSUS

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1. The State of Maharashtra, Through its Secretary, Irrigation Development Department, Mantralaya, Mumbai

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2. The District Collector, Hingoli, Dist. Hingoli

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3. The Sub Divisional Officer, Land Acquisition Officer, Hingoli, Dist. Hingoli The Executive Engineer, ... Respondents

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4. Upper Penganga Project, division -2, Hingoli, Tq. and District Hingoli.

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41 43,44.odt

WITH

WRIT PETITION NO.3038 OF 2016

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1. Dnyanoba Dhanaji Korde

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2. Trimbak Dhanaji Korde

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3. Kisan Sakharam Korde

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4. Rukhmanbai w/o Nandu Jagtap

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5. Kisan Sonaji Korde

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6. Shivaji Dhanaji Korde

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...Petitioners

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VERSUS

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1. The State of Maharashtra, Through its Secretary, Irrigation Development Department, Mantralaya, Mumbai

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2. The District Collector, Hingoli, Dist. Hingoli

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3. The Sub Divisional Officer, Land Acquisition Officer, Hingoli, Dist. Hingoli

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The Executive Engineer, ... Respondents

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4. Upper Penganga Project, division -2, Hingoli, Tq. and District Hingoli.

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Mr. Dhananjay K. Thote, Advocate for the petitioners.
Mr. M. B. Bharaswadkar, A.G.P. for Respondents-State

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CORAM: R. M. BORDE &
K. L. WADANE, JJ.
 DATE:25th July, 2016

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JUDGMENT:

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1. Heard the learned counsel for the parties.

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3/5

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41 43,44.odt

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2. Rule. Rule made returnable forthwith and the
petitions are taken up for final disposal by the
consent of learned counsel for the respective parties.

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3. The petitioners are objecting to the award
passed by the Land Acquisition Officer on 07.04.2015
determining the amount of compensation in respect of
the acquired property. The award has been passed in
respect of the land situated in rural area by
consideration of multiplier factor of 1.1. In view of
the judgment delivered by this Court in Writ petition
No. 4274/2016 and in pursuance to the notification
issued by the Government on 26.05.2015, the acquisition
authorities are required to apply multiplier as 2 in
respect of the properties situated in rural areas.

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4. In view of above, the award passed by the land
acquisition authorities needs to be corrected so far as
the computation of amount of compensation is concerned.
The respondents are thus directed to determine the
amount of compensation payable to the petitioners by

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prescription of multiplier factor 2 and declare the
award afresh and pay the amount of compensation to the
petitioners expeditiously.

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5. The respondents are directed to determine the

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4/5

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41 43,44.odt

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amount of compensation under the award in observance
of the directions as above as expeditiously as
possible, preferably within period of six weeks from
today and it is accordingly directed.

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6. Rule is made absolute accordingly. There shall

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be no order as to costs.

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(K. L. WADANE, J.) (R. M. BORDE, J. )

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JPC

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5/5

Dnyanoba Dhanaji Korde and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Dnyanoba Dhanaji Korde and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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