The State Of Maharashtra v. Tulshiram Khandu Bandal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5051 OF 2001 IN FIRST APPEAL NO.12537 OF 1999 WITH CIVIL APPLICATION NO.5052 OF 2001 IN FIRST APPEAL NO.12537 OF 1999 The State of Maharashtra (Through the Sepcial Land Acquisition Officer No.19, Pune) ..Applicant/Appellant V/s.

Tulshiram Khandu Bandal ..Respondent WITH CIVIL APPLICATION NO.8181 OF 2012 IN FIRST APPEAL NO.12537 OF 1999 Maharashtra Krishna Valley Development Corporation ..Applicant/Appellant V/s.

The State of Maharashtra & Ors.

..Respondents ---- Mr.Yogesh Y. Dabke, AGP for the Applicant-Appellant. ---- CORAM : M. S. SONAK, J.

DATE : 20 FEBRUARY 2017.

P.C.

1.

Mr.Dabke the learned AGP submits that the in pursuance of the order dated 09 January 2017, the applicant has received the details of the legal representatives of the sole N.S. Kamble page 1 of 3

respondents. He submits that steps will be taken to bring on record such legal representatives and for this purpose further time of two weeks may be granted.

2.

In this case, the first appeal relates to the year 1999. The challenge is to the award made by the Reference Court on 28-07-1998 awarding enhanced compensation of Rs.6,873/- in its entirety. The matter is pending since the year 1999 for failure to take steps.

3.

Considering the aforesaid circumstances, including the circumstances that the entire compensation awarded in the present matter by the Reference Court is only Rs.6,873/- it will not be appropriate to grant any indulgence in the matter or to permit the appellants to proceed with this appeal.

4.

For the reasons set out in order dated 06 February 2017 in Civil Application No.5080 of 2001 in First Appeal Stamp No.12511 of 1999 and connected matters, this Civil Application and consequently the appeal is dismissed.

5.

In view of the dismissal of the Appeal, the Civil N.S. Kamble page 2 of 3

Application No.8181 of 2012 for intervention is also does not survive and the same is disposed of.

6.

It is made clear that since the dismissal of the Civil Application and the appeal is in circumstances as aforesaid, the same may not be treated as approval the rate awarded by the Reference Court.

(M. S. SONAK, J.) N.S. Kamble page 3 of 3