The State Of Maharashtra v. Santaram Nagu Bhagat Through Their Poa Holder Ramesh Rama Mhatre And ORS.
(9)-FA-1274-03.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:
2024.03.22 12:38:12 +0530 BALAJI GOVINDRAO PANCHAL FIRST APPEAL NO.1274 OF 2003 The State of Maharashtra ..Appellant
Versus
Santaram Nagu Bhagat & Ors.
..Respondents WITH FIRST APPEAL NO.1273 OF 2003 WITH CIVIL APPLICATION NO.3529 OF 2012 WITH CIVIL APPLICATION NO.3531 OF 2012 WITH CIVIL APPLICATION NO.3530 OF 2012 The State of Maharashtra ..Appellant
Versus
Santaram Nagu Bhagat & Ors.
..Respondents Mr. A. R. Patil, AGP for the Appellant/State. CORAM : KISHORE C. SANT, J.
DATE : 11th MARCH, 2024 P.C.
1.
These Appeals are arising out of judgment and order dated 15.04.1999 passed by learned Civil Judge, Senior Division, Panvel, District Raigad in LAR Nos.29 of 1995 and 27 of 1995. Learned SLAO had acquired land by giving rate of Rs.8/- per sq.mtrs. Learned Reference Court enhanced compensation at the rate of Rs.32/- per sq.mtrs.
BGP.
(9)-FA-1274-03.doc.
2.
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 Appeal stands disposed of. The impugned judgment and award stands confirmed. No order as to costs.
5.
In view of disposal of the Appeal, all Civil Applications, stand disposed of.
[KISHORE C. SANT, J.] BGP.