The State Of Maharashtra v. Ambo Malya Gadage
2023:BHC-AS:27869
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.701 OF 1995 Tembhode Maruti Devsthan FIRST APPEAL NO.700 OF 1995 CIVIL APPLICATION [STAMP] NO.22012 OF 1995 FIRST APPEAL NO.700 OF 1995 Pandharinath Bapu Bhoir FIRST APPEAL NO.699 OF 1995 Kaluram Bapu Bhoir FIRST APPEAL NO.712 OF 1995 REJECTED CASE NO.274 OF 2014 CIVIL APPLICATION [STAMP] NO.22021 OF 1995 FIRST APPEAL NO.712 OF 1995 Undir Ravji Mhaskar (since deceased) through Legal Representatives;
Sadashiv Undrya Mhaskar and Ors.
FIRST APPEAL NO.706 OF 1995 (Through The Special Land Acquisition Officer, Panvel) Under Ravji Mhaskar (since deceased) through Legal Representatives;
Sadashiv Undrya Mhaskar and Ors.
FIRST APPEAL NO.705 OF 1995 Kashinath Bhurya Gadage FIRST APPEAL NO.704 OF 1995 CIVIL APPLICATION [STAMP] NO.22026 OF 1995 FIRST APPEAL NO.704 OF 1995 Ambo Balya Gadage FIRST APPEAL NO.698 OF 1995 Ganu Bapu Bhoir FIRST APPEAL NO.695 OF 1995
Ambo Malya Gadage FIRST APPEAL NO.697 OF 1995 Dnyaneshwar Rajaram Bodaka FIRST APPEAL NO.709 OF 1995 CIVIL APPLICATION [STAMP] NO.22007 OF 1995 FIRST APPEAL NO.709 OF 1995 (Through the Special Land Acquisition Officer, Panvel) Undir Ravji Mhaskar - Deceased Through His Legal Representatives Shri Sadashiv Udrya Mhaskar and Ors.
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None for the Appellant-State in all the Appeals. Mr. Sham Thakar i/b Mr. Yash Dewal, for the Respondents in First Appeal No. 709 of 1995.
Mr. Rajesh S. Datar, for Respondent in First Appeal No.698 of 1995.
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CORAM : PRITHVIRAJ K. CHAVAN, J.
DATED : 14th SEPTEMBER, 2023.
P.C.
None for the appellant-State.
The appeals are pending since 1995. On 13th March, 2020 the following order was passed;
"1 The appeal is admitted on 5th September, 1995. 2 The notice issued to the legal heirs of the sole respondent is not received back. Time of ten weeks is granted to the appellant to serve the legal heirs of the sole respondent. Failing to take effective steps, the Appeal would stand dismissed without reference to the Court."
On 14th July, 2022, the following order was passed; "1. These appeals are directed against judgment dated 12/01/994 in Land Reference No. 240 of 1987 and other group matters. By the impugned judgment, the Reference Court has enhanced compensation from Rs.3.70 to Rs.10 per sq. meter. Learned AGP to verify whether the cases are covered by GR dated 03/11/2016.
2. Stand over to 21/07/2022."
On 5th September, 2022, the following order was passed; "1. It is stated that connected First Appeal No.706 of 1995 is also pending before this Court. Same be tagged along with these appeals.
2. Learned APP for the Appellant-State states that First
Appeal No.691 of 1995 arising from the same notification has been disposed of as per the consent terms filed before the Lok Adalat. Learned APP was directed to take instructions whether the pending appeals could also be settled on the basis of the terms filed in First Appeal No.691 of 1995.
3. Learned APP states that till date she has not received any instructions despite written correspondence. She seeks further time to take necessary instructions. Time is granted. Learned APP shall also verify whether the case is covered by Government Resolution dated 03/11/2016.
4. Stand over to 19/09/2022 for 'hearing/settlement'." Today, none for the appellant-State. Steps have not been taken. Appeals stand dismissed.
In view of disposal of the Appeals, all pending Interim Applications shall also stand disposed of.
[PRITHVIRAJ K. CHAVAN, J.]