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Bombay High CourtFA/90/2003disposed off

The State Of Maharashtra v. Shivram Budha Kokani

2024-03-07Hon'Ble Shri Justice Kishore C. Sant2 pages

Digitally signed by WAKLE MANOJ JANARDHAN Date:

2024.03.18 17:50:32 +0530 1 904-FA-90-2003.doc WAKLE MANOJ JANARDHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.90 OF 2003 IN LAND ACQUISITION REFERENCE NO.15 OF 1993 The State of Maharashtra (Through the Special Land Acquisition Officer, Scarcity-I, Nashik : Appellant Vs.

Shri. Shivram Budha Kokani : Respondent ------------ Mr. A. R. Patil, AGP for the Appellant/State. ------------ CORAM :

KISHORE C. SANT, J.

DATE :

7TH MARCH, 2024 P.C. :

1.

This Appeal is arising out of judgment and Award dated 19/01/2002 passed by the Joint District Judge, Nashik in LAR No.15 of 1993. The learned SLAO had acquired the land by giving rate of Rs.69,333/- per hectare. The total amount thus awarded is Rs.42,384/-. Learned Reference Court enhanced the rate to Rs.78,953/- per hectare. Some amount was granted towards trees by the learned SLAO. 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 Manoj

2 904-FA-90-2003.doc 11th May, 2018, it is submitted that the Appeal can be disposed of. 2.

By GR dated 3rd November, 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. 3.

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. No order as to costs.

4.

In view of the disposal of the Appeal, Civil Application, if any, stand disposed of.

(KISHORE C. SANT, J.) Manoj