SANJAY S/O RAMCHANDRA LOKHANDE Vs. THE STATE OF MAHARASHTRA,THROUGH THE COLLECTOR
HIGH COURT OF BOMBAY (AT: NAGPUR)
Sanjay S/O Ramchandra Lokhande
The State Of Maharashtra,Through The Collector
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(1.) The appellant seeks enhancement compensation awarded by the Reference Court pursuant to acquisition
in the amount of
of his land from Gat No. 84, admeasuring 3 hectares 64 R, situated at
village Fattepur, Tq. Babhulgaon, Distt. Yavatmal. The Land
Acquisition Officer, vide his award dated 22nd February, 2002, granted
compensation at the rate of Rs.51,808-00 per hectare. The Reference
Court, by judgment dated 27th November, 2008, enhanced the
compensation to Rs.1,25,000-00 per hectare.
(2.) Shri S.V. Ingole, learned counsel for the appellant and Shri Jagtap, learned counsel for the respondent no.2, agree that the issue
that arises in the present appeal is covered by the judgment of this
Court in First Appeal No. 1263 of 2009; decided on 26th July, 2012,
whereby the compensation awarded for the lands acquired from the
same notification is determined at the rate of Rs.1,35,000-00 per
hectare with all statutory benefits. As aforesaid adjudication takes into
consideration all relevant aspects, for reasons assigned in aforesaid
judgment, the following order is passed:-
a. The judgment of the Reference Court dated 27th November, 2008 in Land Acquisition Case No. 599 of 2006 is partly modified. It is held that the appellant is entitled to compensation at the rate of Rs.1,35,00,000-00 [rupees one lakh thirty-five thousand only] per hectare with all statutory benefits.
b. In view of order dated 12th August, 2014 passed on Civil Application No. 2084 of 2014, the appellant shall not be entitled for interest from 27th November, 2008 till 12th August, 2014.
(3.) Appeal is partly allowed in aforesaid terms with no orders as to costs.;
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