Allowed

Dagadu Apparao Kharat Thr Lrs v. the State of Maharashtra and Ors.

Bombay HC7 Dec 2023FA/365/2009

Case brief

AI extract

What is this about?

In a first appeal concerning land acquisition compensation, the high court upheld the appellant's entitlement to a settlement rate of Rs. 1,44,000 per hectre agreed between parties before the Lok-Adalat, directing the acquiring body to deposit compensation within one year.

What did the court decide?

Compensation allowed at the rate of Rs. 1,44,000 per hectare; acquiescing body directed to deposit amount within one year.

Dagadu Apparao Kharat Thr Lrs Vs the State of Maharashtra… — Land Acquisition | Bombay HC (2023)

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1 902.FA-365-2009.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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FIRST APPEAL NO. 365 OF 2009

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DAGADU APPARAO KHARAT THR LRS

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VERSUS

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THE STATE OF MAHARASHTRA AND ORS

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Advocate for Appellant : Mr. S. R. Yadav

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AGP for Respondent No.1 and 2/State : Mr. S.M. Ganachari
Advocate for Respondent No.3 and 4 : Mr. Krushna P. Rode h/f Mr. Rodge
Pratap Govindrao

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 CORAM : SHAILESH P. BRAHME, J.
 DATE : 7th DECEMBER 2023.

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Per Court :

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. Heard.

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1. Learned Counsel Mrs. Jape who was initially appearing for respondent no.3 and 4 requests to discharge her appearance as she is replaced by new Panel Advocate. Her appearance is discharged.

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2.The learned Counsel for the appellant has placed on record order
passed by the Lok-Adalat on 12.03.2022 alongwith the terms of
compromise. By common judgment and order dated 04.01.2007 in all
four references are decided by the learned Adhoc District Judge-II,
Parbhani. The present appeal is arising out of L.A.R No.43/2000. Other
references are decided in Lok-Adalat, referred above.

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3. The learned Counsel for the appellant submits that on the ground of parity, the appellant is entitled to rate which is agreed by the

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902.FA-365-2009.doc

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acquiring body before the Lok-Adalat.

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4.Learned Counsel appearing for respondent no.3 and 4 has no
serious objection for the submission advanced by the appellant. He
agrees for disposing of the appeal in accordance with the rate which is
prescribed and agreed between the parties before the Lok-Adalat.

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5.In the present matter, the respondent no.3 i.e. Executive Engineer,
Selu has arrived at the compromise to settle the matter as per the
compensation awarded by the Special Land Acquisition Officer (SLAO)
at the rate of Rs.36000/- per hector for land Gat No.96 ad-measuring
2H 61R. Considering the terms of settlement presented before the Lok-
Adalat, the appellant is entitled to rate of four times of Rs.36000/- per
H. It comes to 1,44,000/- per hector. The same is in consonance with
award passed by Lok-Adalat.

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6.The appellant is entitled to the compensation at the rate of
Rs.1,44,000/- as per the terms of settlement alongwith consequential
benefits.

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7.The acquiring body shall deposit the compensation within a
period of one year from today. The appellant/claimant shall be at
liberty to withdraw the same alongwith interest, if so deposited.

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8.The appeal is disposed of in the above terms. An award shall be
drawn accordingly.

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 [ SHAILESH P. BRAHME, J.]

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Najee b .

Dagadu Apparao Kharat Thr Lrs v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Dagadu Apparao Kharat Thr Lrs v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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