1 fa 2415.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

FIRST APPEAL NO. 2415 OF 2012

Vasant Vishwanath Dhopare,

Age : 52 Years, Occu. : Agril.,

R/o Umardara, Tq. Shirur Anantpal,

Dist. Latur.

.. Appellant

Versus

1.

The State of Maharashtra,

Through the Collector,

Latur, Tq. & Dist. Latur.

2.

The Special Land Acquisition Officer,

P.T. & I.T., Latur,

Tq. & Dist. Latur.

3.

The Executive Engineer,

Minor Irrigation Local Sector,

Latur, Tq. & Dist. Latur.

.. Respondents

Ms. Madhweshwari D. Thube-Mhase, Advocate for the Appellant.

Shri G. R. Ingole Patil, A.G.P. for Respondent Nos. 1 and 2.

The Respondent No. 3 is served.

CORAM : S. V. GANGAPURWALA, J.

DATE : 25TH AUGUST, 2015.

ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :-

.

Mrs. Mhase, the learned counsel for the appellant submits

that, this Court has already decided the quantum of

compensation for Bagayat land in respect of land acquired vide

2 fa 2415.12

notification U/Sec. 4 of the Land Acquisition Act (for short "L.A.

Act") dated 20.07.2003 in First Appeal No. 2416 of 2012 vide

judgment and order dated 09.12.2013. The learned counsel

submits that, in the present case also the notification U/Sec. 4 of

the L. A. Act is the same. The land is also acquired for the same

project and is also situated in the same area. According to the

learned counsel, in this case also land is Bagayat land. The crops

like sugar cane and paddy were being cultivated.

2.

Mr. Ingole, the learned Assistant Government Pleader

submits that, the learned Reference Court after going through

the evidence has rightly considered the lands as seasonal bagayat

lands and has rightly awarded the compensation.

3.

I have gone through the judgment and the record and

proceedings. The 7/12 extract also shows that the appellant was

cultivating the crops like sugar cane and paddy which are in

Bagayat land only.

4.

In First Appeal No. 2416 of 2012, this Court had occasion to

consider the compensation in respect of Bagayat land acquired

vide the same notification U/Sec. 4 of the L. A. Act dated

20.07.2003 and in respect of same project, wherein this Court

had awarded compensation at the rate of Rs. 2000/- per R for

Bagayat land.

3 fa 2415.12

5.

In the light of the above, I follow the same recourse.

Instead of compensation at the rate of Rs. 1,065/- per R, it is held

that the appellant is entitled for the compensation for the

acquired land at the rate of Rs. 2,000/- per R. The respondents

shall pay the compensation amount to the appellant at the rate of

Rs. 2,000/- per R for the acquired land. Rest of the statutory

benefits awarded by the Reference Court are maintained and

upheld. The first appeal accordingly is partly allowed. No costs.

Sd/-

[ S. V. GANGAPURWALA, J. ]

bsb/Aug. 15