Vitthal Ramkisan lATE Died through L.Rs. Rukhminibai Vitthal Late and Another v. the State of Mahaharashtra and Ors.
Case brief
What is this about?
First Appeal No.2941 of 2021, High Court of Judicature at Bombay, Bench at Aurangabad, decided 21-01-2025 by Sanjay A. Deshmukh, J. Enhancement of land acquisition compensation on the principle of parity; appellants are LRs (Rukhminibai Vitthal, Balasaheb Vitthal) of deceased claimant Vitthal Ramkisan; respondents: State of Maharashtra through Collector Jalna, SLAO M.I.W. Jalna, Executive Engineer Nimna Dudhna Project. Impugned: common judgment/award dated 14-09-2009, Reference Court, LAR Nos. 32, 38, 40 of 2005, Rs.68,686/- granted. Relied on and followed: this Court's judgment dated 01-08-2023 in First Appeal No.649 of 2013 (unchallenged, same acquisition), which traced rates to common judgment dated 07-02-2023 in First Appeal No.1353/2009 bunch (Lok Adalat settlement). Enhanced rates: dry Rs.2400/- per R; semi irrigated Rs.3600/- per R; fully irrigated Rs.4800/- per R; pot kharab Rs.1200/- per R. Statutes: Sections 28, 34, 23(1A), 23(2), 4(1) Land Acquisition Act, 1894. 12% p.a. special component; 30% solatium; no interest for delay in filing appeal. Outcome: appeal partly allowed and disposed; judgment and award modified.