The State Of Maharashtra v. Kalu Bhagu Charoskar And ANR

(2)-FA-1287-02.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.05.06 12:24:41 +0530 FIRST APPEAL NO.1287 OF 2002 BALAJI GOVINDRAO PANCHAL The State of Maharashtra ..Appellant

Versus

Kalu Bhagu Charoskar & Anr.

..Respondents Mr. A. R. Patil, AGP for the Appellant/State. CORAM : KISHORE C. SANT, J.

DATE : 30th APRIL, 2024 P.C.

1.

The above First Appeal arises from the judgment and award dated 07/09/1994 passed by the learned Joint District Judge, Nashik, in Land Reference No.567 of 1989. The land was acquired for construction of Waghad Minor Irrigation Tank. The Special Land Acquisition officer, while passing award u/s. 11 of the Land Acquisition Act, awarded Rs.6,182/- as a compensation to the claimant. The Reference Court while deciding the Reference, awarded Rs.18,720/- by way of enhancement. The learned AGP submits that the said enhancement is within four times of the compensation awarded by the SLAO while passing award u/s. 11 of the Land Acquisition Act and therefore, the Government Notifications dated 03/11/2016 and dated 13/08/2018 are applicable.

BGP.

(2)-FA-1287-02.doc.

2.

Since the above case is covered by the above mentioned notifications, learned AGP seeks liberty to withdraw the above Appeal. The above Appeal therefore stands disposed of as withdrawn.

3.

Pending Application, if any, also disposed of. 4.

The Court Fee to be refunded as per the rules. [KISHORE C. SANT, J.] BGP.