The State Of Maharashtra (Through The Special Land Acquisition Officer) And ANR. v. Smt. Sakhubai Waman Bhoye And ORS.

(2)-FA-1409-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.05.06 12:24:42 +0530 FIRST APPEAL NO.1409 OF 2019 BALAJI GOVINDRAO PANCHAL WITH CIVIL APPLICATION NO.3302 OF 2019 The State of Maharashtra & Anr.

..Appellants

Versus

Smt. Sakhubai Waman Bhoye & Ors.

..Respondents Mr. A. R. Patil, AGP for the Appellants/State. CORAM : KISHORE C. SANT, J.

DATE : 30th APRIL, 2024 P.C.

1.

The above First Appeal arises from the judgment and award dated 24/01/2013 passed by the learned 3rd Joint Civil Judge, Senior Division, Nashik, in Land Reference No.18 of 2007. The land was acquired for Waigholpada Canal Project. The Special Land Acquisition officer, while passing award u/s. 11 of the Land Acquisition Act, awarded Rs.9,994/- as a compensation to the claimant. The Reference Court while deciding the Reference, awarded Rs.39,144/- by way of enhancement. The learned AGP submits that the said enhancement is within four times of the compensation awarded by the SLAO while passing award u/s. 11 of the Land Acquisition Act and therefore, the Government Notifications dated 03/11/2016 and dated 13/08/2018 are BGP.

(2)-FA-1409-19.doc.

applicable.

2.

Since the above case is covered by the above mentioned notifications, learned AGP seeks liberty to withdraw the above Appeal. The above Appeal therefore stands disposed of as withdrawn.

3.

Pending Application also disposed of.

4.

The Court Fee to be refunded as per the rules. [KISHORE C. SANT, J.] BGP.