The State Of Maharashtra v. Tulishram Dadaji Patil And ORS.

(6)-FA-557-03.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.03.22 12:37:32 +0530 BALAJI GOVINDRAO PANCHAL FIRST APPEAL NO.557 OF 2003 The State of Maharashtra ..Appellant

Versus

Tulishram Dadaji Patil & Ors.

..Respondents Mr. A. R. Patil, for the Appellant.

CORAM : KISHORE C. SANT, J.

DATE : 11th MARCH, 2024 P.C.

1.

This Appeal is arising out of judgment and order dated 20.09.1995 passed by learned Joint District Judge, Nashik in LAR No.248 of 1987 and connected matters. Learned SLAO had granted compensation at the rate of Rs.9,600/- per hectare for Bagayat land and Rs.7,200/- per hectare for Jiyayat land. Learned Reference Court enhanced the compensation at the rate of Rs.22,000/- per hectare.

2.

Considering that the amount of enhancement is less than 4 times of the rate granted by the SLAO, in view of the GR dated 3rd November, 2016 and 11th May, 2018, it is submitted that the Appeal can be disposed of.

3.

By GR dated 3rd November, 2016 bearing No.SankirnBGP.

(6)-FA-557-03.doc.

2014/P.K.41/part-1/A-4 the government decided not to file Appeals where the amount of compensation is enhanced for less than 4 times. By GR dated 11th May, 2018 corrigendum came to be issued with some modifications. It is also stated that where Appeals are already preferred, such Appeals be placed before Lok Adalat for compromise. It is thus clear that the Government has taken a policy decision not to prosecute such Appeals.

4.

This Court finds that the present case is covered by both the GRs. In view of the policy of the government, the Appeal stands disposed of. Impugned judgment and award is confirmed. No order as to costs.

5.

Interim Application, if any, stands disposed of. [KISHORE C. SANT, J.] BGP.