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2017 Supreme(Bom) 278

MANJULA CHELLUR, M.S.SONAK
Genba Laxman Pawagi – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Gaurav Potnis with Mr. Ashok Joshi i/b. Pallavi Potnis
For the Respondent: Mr. Nitin Deshpande – Additional Government Pleader

JUDGMENT :

1. Since, common issues of law and fact arise in this batch of petitions, we propose to dispose them, with a common judgment and order. For this purpose, Writ Petition No. 6620 of 2012 is treated as a lead petition, since the pleadings have been mainly filed therein. Learned counsel for the parties also agree that this would be an appropriate course of action to adopt.

2. Between the years 1994 and 1999, the ancestral lands and houses held by the petitioners were acquired by the State Authorities since the same were to be submerged under the Nira Deoghar Irrigation Project Waters. In all, about 91 hectares land was acquired, for which, compensation, including solatium and interest was determined at Rs.57.25 lakhs, corresponding to Rs.63000/- per hectare. This was in the year 1996. Since the petitioners were to be rehabilitated in the lands due to receive the benefit of irrigation project, the petitioners were required to deposit 65% of such compensation with the State Authorities as a part of the occupancy price. This the petitioners did in the year 1996 itself. In the year 2001, when submergence was imminent, the petitioners alongwith their family members and cattle were



























































































































































































































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