The State Of Maharashtra And ORS. v. Ganpat Mahadu Mali And ORS.

(2)-FA-1230-04.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.05.06 12:24:14 +0530 FIRST APPEAL NO.1230 OF 2004 BALAJI GOVINDRAO PANCHAL WITH INTERIM APPLICATION STAMP NO.2189 OF 2024 WITH CIVIL APPLICATION NO.3762 OF 2004 WITH INTERIM APPLICATION STAMP NO.3403 OF 2024 The State of Maharashtra & Ors.

..Appellants

Versus

Ganpat Mahadu Mali & 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 03/09/2002 passed by the learned Joint District Judge, Nashik, in Land Reference No.291 of 1996. The land was acquired for Construction of Naralbari Right Canal project. The Special Land Acquisition officer, while passing award u/s. 11 of the Land Acquisition Act, awarded Rs.11,438/- as a compensation to the claimant. The Reference Court while deciding the Reference, awarded Rs.39,489/- by way of enhancement. The learned AGP submits that the said enhancement is within four times of the BGP.

(2)-FA-1230-04.doc.

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.

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 The above Appeal therefore stands disposed of as withdrawn.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 Applications also stand disposed of.

4.

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