The State Of Maharashtra v. Babu Ramchandra Bhosale And ORS.

1 2-FA-1597-2003.doc Digitally signed by WAKLE MANOJ JANARDHAN Date:

2024.03.28 09:24:05 +0530 WAKLE MANOJ JANARDHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1597 OF 2003 IN LAND ACQUISITION REFERENCE NO.197 OF 1994 The State of Maharashtra Through Special Land Acquisition Officer, Upper Godavari Project, Karanjwan Dam, Nashik : Appellant Vs.

Shri. Babu Ramchandra Bhosale & Ors.

: Respondents ------------ Mr. A. R. Patil, AGP for the State.

------------ CORAM :

KISHORE C. SANT, J.

DATE :

26TH MARCH, 2024 P.C. :

1.

This Appeal is arising out of judgment and order dated 24.10.2002 passed by Joint District Judge, Nashik in LAR No.197 of 1994. Learned SLAO had awarded compensation of Rs.2,920/-. Learned Reference Court enhanced the compensation amount to Rs.6,667/-.

2.

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 11th May, 2018, it is submitted that the Appeal can be disposed of.

Manoj

2 2-FA-1597-2003.doc 3.

By GR dated 3rd November, 2016 bearing No.Sankirn2014/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.

4.

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. Impugned judgment and award is confirmed. No order as to costs.

5.

Interim Application, if any, stands disposed of. (KISHORE C. SANT, J.) Manoj