The State Of Maharashtra v. Tukaram R. Borade

(10)-FA-1335-03 & group matters.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.03.22 12:37:57 +0530 CIVIL APPELLATE JURISDICTION BALAJI GOVINDRAO PANCHAL FIRST APPEAL NO.1335 OF 2003 The State of Maharashtra ..Appellant

Versus

Pandurang Nathu Hadke ..Respondent WITH FIRST APPEAL NO.1337 OF 2003 The State of Maharashtra ..Appellant

Versus

Tukaram R. Borade ..Respondent WITH FIRST APPEAL NO.1336 OF 2003 The State of Maharashtra ..Appellant

Versus

Shri. Kalu Keru Mate & Anr.

..Respondents Mr. A. R. Patil, AGP for the Appellant/State. Ms. Gunjan P. Shah, for the Respondents.

CORAM : KISHORE C. SANT, J.

DATE : 11th MARCH, 2024 P.C.

1.

These First Appeals are arising out of judgment and order dated 11.09.1995 passed by learned Joint District Judge, Nashik in LAR No.747 of 1990 and connected matters. Learned SLAO had granted compensation at the rate of Rs.8,500/- to BGP.

(10)-FA-1335-03 & group matters.doc.

Rs.11,000/- per hectare. Learned Reference Court enhanced the compensation to Rs.28,000/- to 32,000/- 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.Sankirn2014/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 Appeals stand 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.