The State Of Maharashtra v. Shri Shivaji Maruti Shelar And ORS.

7-caf-5057-2001

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5057 OF 2001 IN FIRST APPEAL (ST) NO.13332 OF 1999 WITH CIVIL APPLICATION NO.5058 OF 2001 IN FIRST APPEAL (ST) NO.13332 OF 1999 The State of Maharashtra (Through the Special Land Acquisition Officer No.10, Pune) ..Applicant/Appellant V/s.

Shri.Shivaji Maruti Shelar & Ors.

..Respondents WITH CIVIL APPLICATION (ST) NO.8185 OF 2012 IN FIRST APPEAL (ST) NO.13332 OF 1999 Maharashtra Krishna Valley Development Corporation ..Applicant(Intervenor) V/s.

The State of Maharashtra & Ors.

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

DATE : 20 FEBRUARY 2017.

P.C.

1.

The entire enhanced amount awarded by the Reference Court in this case works out to Rs.1,552/-. The appeal was instituted in the year 1999 after delay of 150 days. From 1999 N.S. Kamble page 1 of 2

7-caf-5057-2001 onwards the matter is pending for service upon the respondent No.3. Without realizing that the quantum of compensation was so meager, on 09 January 2017 last opportunity was granted to take steps to bring on record legal representatives of respondent No.3. However, taking into consideration the compensation amount, it will not be proper to grant the applicant any further indulgence in the matter. Accordingly, for the reasons set out in the Civil Application No.5080 of 2001 in First Appeal Stamp No.12511 of 1999 and connected matters this Civil Application and consequently the First Appeal are hereby dismissed.

2.

In view of the dismissal of the appeal, the Civil Application Stamp No.8185 of 2012 for intervention is does not survive and same is disposed of.

3.

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 2 of 2