The State Of Maharashtra v. Bhagwan Yashwant Kadam

1 4-FA-603-2003.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2024.04.02 10:30:04 +0530 TALLE SHUBHAM ASHOKRAO FIRST APPEAL NO. 603 OF 2003 CIVIL APPLICATION NO. 1441 OF 2004 FIRST APPEAL NO. 603 OF 2003 Bhagwan Yashwant Kadam CIVIL APPLICATION NO. 3172 OF 2013 FIRST APPEAL NO. 603 OF 2003 Acquisition Officer No. 1o, Pune.

FIRST APPEAL NO. 608 OF 2003 CIVIL APPLICATION NO. 1446 OF 2004 FIRST APPEAL NO. 608 OF 2003 Ushatai Sharadkumar Gandhi And Anr.

... Respondents 1/6

2 4-FA-603-2003.doc FIRST APPEAL NO. 607 OF 2003 CIVIL APPLICATION NO. 1445 OF 2004 FIRST APPEAL NO. 607 OF 2003 The State Of Maharashtra Thr. Special Land Acquisition Officer.

Babu Maruti Wabale (Deceased) Thr. Lrs. And ... Respondents Ors.

CIVIL APPLICATION NO. 3178 OF 2013 FIRST APPEAL NO. 607 OF 2003 Acquisition Officer No. 10, Pune.

FIRST APPEAL NO. 606 OF 2003 CIVIL APPLICATION NO. 1444 OF 2004 FIRST APPEAL NO. 606 OF 2003 Tukaram Sopana Mahanwar ... Respondents 2/6

3 4-FA-603-2003.doc CIVIL APPLICATION NO. 3177 OF 2013 FIRST APPEAL NO. 606 OF 2003 Acquisition Officer No. 10, Pune.

FIRST APPEAL NO. 605 OF 2003 CIVIL APPLICATION NO. 1443 OF 2004 FIRST APPEAL NO. 605 OF 2003 Premchand Lalchand Metha (DECD.) CIVIL APPLICATION NO. 3176 OF 2013 FIRST APPEAL NO. 605 OF 2003 Corporation & Ors.

... Appellants/Applicants Acquisition Officer No. 10, Pune.

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4 4-FA-603-2003.doc FIRST APPEAL NO. 604 OF 2003 Ratnamala Hanumantrao Wabale ---------------- Mr. A. R. Patil, AGP for the State.

----------------- CORAM : KISHORE C. SANT, J.

DATE : 18th March, 2024 P.C.:- 1.

These Appeals are arising out of the same Notification of acquisition for the same project and therefore all the appeals are taken together. All these lands came to be acquired pursuant to Notification under Section 4 came to be issued by the learned SLAO, dated 03.10.1985. The lands are acquired for New Mula Mutha Right Bank Canal. All these lands are from village Shetfal-Gadhe, Tal-Indapur, Dist. Pune. The SLAO awarded the amount the Applicants being aggrieved filed land acquisition References as per the chart given in foregoing paragraph. 2.

The learned Reference Court by a Judgment and award dated 16.12.2000, allow the References and awarded the rate by enhancing the amount as per the chart. The following is the chart showing the area of the land acquired, Gut No, amount awarded by the SLAO and amount enhanced by the Trial Court.

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5 4-FA-603-2003.doc Sr.

No.

First Appeals No.

L.A.R.

Nos.

Area Land Amounts awarded by SLAO Amounts awarded by Trial Court 1.

603/2003 185/1990 42 R Gat No.

391/Part Rs. 3,150/- Rs. 12,600/- @ Rs. 30,000/- PH 2.

604/2003 187/1990 31 R Gat No.

391/Part Rs. 6,825/- Rs. 18,200/- @ Rs. 20,000/- PH 3.

605/2003 186/1990 1 H 10 R Gat No.

40/Part Rs. 8,250/- Rs. 22,000/- @ Rs. 20,000/- PH 4.

606/2003 188/1990 1 H 6 R Gat No.

39/Part Rs. 7,950/- Rs. 31,800/- @ Rs. 30,000/- PH 5.

607/2003 189/1990 97 R Gat No.

389/Part Rs. 6,925/- Rs. 18,600/-@ Rs. 20,000/- PH 6.

608/2003 190/1990 73 R Gat No.

596/Part Rs. 9,750/- Rs. 15,600/-@ Rs. 20,000/- PH 3.

The State Government preferred the Appeals being aggrieved by the impugned Judgment and Award. By GR dated 3rd November, 2016, bearing No. Sankirn-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.

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6 4-FA-603-2003.doc 4.

This Court finds that in all these appeals the compensation enhanced is less than 4 times of the amount awarded by the SLAO, only in First Appeal No. 606 of 2003, the amount enhanced is exact 4 times of the amount awarded by the SLAO.

5.

In view of the above position, the learned AGP, seeks withdrawal of the appeals. Leave granted. The Appellant shall be entitled to refund of a Court fee as per the rules. The amount, if deposited in this Court it shall be paid to the Respondents/Claimants alongwith interest, if any, accrued them. If the amount is deposited in the Reference Court, the Reference Court is directed to pay the amount to the Respondents/Claimants along with interest, if any, accrued thereon. 6.

All above First Appeals stand disposed of. No Order as to costs. 7.

Pending Applications, if any, stand disposed of in view of the disposal of the Appeals.

(KISHORE C. SANT, J.) 6/6