The State Of Maharashtra Through The Special Land Acquisition Office And ANR. v. Mr. Pandurang Deoram Gaikwad And ORS.

(2)-FA-261-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.05.06 12:24:38 +0530 FIRST APPEAL NO.261 OF 2017 BALAJI GOVINDRAO PANCHAL WITH CROSS-OBJECTION STAMP NO.4429 OF 2021 The State of Maharashtra & Anr.

..Appellants

Versus

Mr. Pandurang Deoram Gaikwad & 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 18/02/2013 passed by the learned Civil Judge Senior Division, Nashik, in Land Reference No.435 of 2008. The land was acquired for Sule Left Canal project. The Special Land Acquisition officer, while passing award u/s. 11 of the Land Acquisition Act, awarded Rs.1,66,029/- as a compensation to the claimant. The Reference Court while deciding the Reference, awarded Rs.2,79,375/- 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 applicable. BGP.

(2)-FA-261-17.doc.

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 The above Appeal therefore stands disposed of as withdrawn.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, if any, also disposed of. 4.

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