Lalit Bhimsing Girase v. The Special Land Acquisition Offcer, Medium Irrigation, Dhule & Ors
Case Details
1 common order in fa 3738-19+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 3738 OF 2019 Lalit Bhimsing Girase Versus The Special Land Acquisition Offcer, Medium Irrigation, Dhule & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. B. V. Virdhe – AGP for respondent/State .... AND FIRST APPEAL NO. 2518 OF 2021 Piratsingh Rajesingh Girase Versus The Special Land Acquisition Offcer & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. S. S. Dande – AGP for respondent/State Advocate for Respondent- Acquiring Body : Mr. Darshan Pokharkar .... AND FIRST APPEAL NO. 3732 OF 2019 Gaangji Dongar Girase Versus The Special Land Acquisition Offcer, Medium Irrigation, Dhule & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. B. V. Virdhe – AGP for respondent/State .... AND FIRST APPEAL NO. 713 OF 2021 Vijaysing Sardarsing Girase Versus The Collector, Dhule & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant 2 common order in fa 3738-19+
Legal Reasoning
Mr. S. S. Dande – AGP for respondent/State Mrs. Manjusha S. Jagtap – Advocate for respondent no. 3 .... AND FIRST APPEAL NO. 2515 OF 2021 Suvarna Komal Girase Versus The Special Land Acquisition Offcer, Dhule & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. S. S. Dande – AGP for respondent/State Advocate for Respondent- Acquiring Body : Mr. Darshan Pokharkar .... AND FIRST APPEAL NO. 2516 OF 2021 Narendra Subhash Girase Versus The Special Land Acquisition Offcer, Dhule & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. S. S. Dande – AGP for respondent/State Advocate for Respondent- Acquiring Body : Mr. Darshan Pokharkar .... AND FIRST APPEAL NO. 1282 OF 2022 Kusumbai Bhimsing Girase Versus The Special Land Acquisition Offcer, Medium Irrigation, Dhule & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. B. V. Virdhe – AGP for respondent/State Mrs. Manjusha S. Jagtap – Advocate for respondent no. 2 .... AND FIRST APPEAL NO. 1283 OF 2022 Subhash Gulabsing Girase Versus The Special Land Acquisition Offcer, 3 common order in fa 3738-19+ Medium Irrigation, Dhule & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. B. V. Virdhe – AGP for respondent/State .... AND FIRST APPEAL NO. 2001 OF 2020 Kusumbai Bhimsing Girase & Anr. Versus The State of Maharashtra & Anr. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. B. V. Virdhe – AGP for respondent/State Mrs. Manjusha S. Jagtap – Advocate for respondent no. 2 .... AND FIRST APPEAL NO. 878 OF 2023 Diwan Nimba Girase (died) through LRs – Rajesingh Diwansingh Girase & Anr. Versus The Special Land Acquisition Offcer, Medium Irrigation, Dhule & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. S. N. Kendre – AGP for respondent/State Mrs. Manjusha S. Jagtap – Advocate for respondent no. 2 .... AND FIRST APPEAL NO. 897 OF 2023
Legal Reasoning
Dilip Gulabsingh Girase (died) through LRs Gopal & Ors. Versus The Special Land Acquisition Offcer, Medium Irrigation, Dhule & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. S. N. Kendre – AGP for respondent/State Mrs. Manjusha S. Jagtap – Advocate for respondent no. 2 .... AND 4 common order in fa 3738-19+ FIRST APPEAL [ST] NO. 19853 OF 2022 Shri. Goraksh Ramchandra Mali Versus The Special Land Acquisition Offcer, Medium Irrigation, Dhule & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. S. N. Kendre – AGP for respondent/State .... AND FIRST APPEAL [ST] NO. 14767 OF 2021 Mahendrasingh Ramsingh Patil Versus The Special Land Acquisition Offcer, Medium Irrigation, Dhule & Ors. ... Mr. Ajeet B. Kale – Advocate for the applicant Mr. S. S. Dande – AGP for respondent/State Mrs. Manjusha S. Jagtap – Advocate for respondent no. 2 .... CORAM : SANDIPKUMAR C. MORE, J. DATED : 27/04/2023. ORAL ORDER : 1. All these appeals are fled by respective appellants - claimants challenging the respective impugned judgments and awards passed by the learned Civil Judge Senior Division, Dhule (hereinafter referred to as 'the learned reference court') in their respective land acquisition references. 2. The learned counsel for the appellants - claimants Shri. A. B. Kale submitted that other connected matters arising out of the same acquisition, are settled in Lok-Adalat dated 08/02/2020 by way of compromise between the appellants - claimants therein and 5 common order in fa 3738-19+ the respondent - acquiring body. He submits that it was agreed between those appellants and acquiring body that the acquiring body shall pay compensation amount as per 85% of the valuation report submitted by those claimants before the reference court. It was agreed by the acquiring body that the aforesaid compensation in respect of house properties shall be paid within a period of one year from the date of compromise. Moreover, it was also agreed between those parties that the appellants-claimants would be entitled to the interest under Section 28 of the Land Acquisition Act from the date of award and not from the date of notifcation. 3. The respective learned counsel for respondent No.2 acquiring body also accepted the said fact of compromise between the acquiring body and those appellants-claimants before the Lok- Adalat dated 08/02/2020. 4. It is signifcant to note that the concerned offcer of the acquiring body was present before this court on 12th April, 2023 and it is mentioned in the order passed on that day that the said offcer had infact issued communication dated 03/03/2023, wherein it was mentioned that the acquiring body is ready to settle the matters in respect of compensation regarding house properties under acquisition in all these appeals by awarding 85% of the rate mentioned in the valuation report. The said offcer had consented for disposing the appeals by granting such rate and award of interest under Section 28 of the Land Acquiring Act from the date of award. The learned counsel for the acquiring body had also consented for such disposal of these appeals. In view of the same, following order is passed. 6 common order in fa 3738-19+
Decision
ORDER I) All these appeals are partly allowed and the acquiring body shall pay compensation amount to all these appellants - claimants in respect of their house properties at the rate of 85% of the valuation report submitted by these appellants- claimants before the reference court. II) Respondent No.2 - acquiring body shall pay the interest under Section 28 of the Land Acquisition Act from the date of award. III) The acquiring body shall deposit the amount of enhanced compensation as aforesaid within a period of one year from the date of this order in reference court and on such deposit, all these appellants - claimants are permitted to withdraw their respective amounts of compensation. IV) In case, the payment is not made by the acquiring body within a period of one year, then it shall carry statutory interest till its realization. V) The award be modifed accordingly. VI) Pending civil application/s if any, also stand/s disposed of. VS Maind/- ( SANDIPKUMAR C. MORE, J. )