The State Of Maharashtra v. Babu Jagu Mali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.42 OF 2017 The State of Maharashtra ..Appellant V/s.

Sopan Dada Sirsat ..Respondent WITH FIRST APPEAL NO.43 OF 2017 WITH CIVIL APPLICATION NO.477 OF 2002 IN FIRST APPEAL NO.43 OF 2017 The State of Maharashtra (Through the Special Land Acquisition Officer, No.10) ..Appellant/Applicant V/s.

Govind Nagu Sirsat & Ors.

..Respondents WITH FIRST APPEAL NO.44 OF 2017 WITH CIVIL APPLICATION NO.483 OF 2002 IN FIRST APPEAL NO.44 OF 2017 The State of Maharashtra ..Appellant/Applicant V/s.

Babu Jagu Mali ..Respondent ---- Mr.Ameet A. Palkar, AGP for the Appellant/Applicant-State. Mr.Gaurav H. Potnis i/by Mr.P.H. Potnis for the Respondent. ---- CORAM : M. S. SONAK, J.

DATE : 31 JANUARY 2017.

N.S. Kamble page 1 of 3

P.C.

1.

Heard Mr.Palkar the learned AGP for the State and Mr.Potnis the learned counsel for the Respondent-claimants. 2.

It is appropriate to disposed of these three appeals by common order.

3.

The amounts of enhanced compensation awarded by the impugned award in each of the three appeals is as follows :- (i) First Appeal No.42 of 2017-Rs.2,331/- (ii) First Appeal No.43 of 2017-Rs.1,552/- (iii) First Appeal No.44 of 2017-Rs.957/- 4.

Although, the First Appeals bear the number of the year 2017, infact, they were instituted some time in the year 1999 to challenge awards made in April 1999. As, there was delay in effecting service or taking steps matters could not be registered for the last several years.

5.

Taking into consideration the quantum of compensation and the length of time, it will not be appropriate to entertain these N.S. Kamble page 2 of 3

appeals. The appeals are accordingly dismissed. 6.

However, it is made clear that the dismissal of these appeals is only on the ground that the quantum of enhanced compensation involved is extremely low. Therefore, in case, on the basis of the awards impugned in the present appeals, any other appeals or proceedings are pending then, it ought not to be taken that the reasoning in the impugned awards stands approved by this Court on account of dismissal of these appeals. 7.

With the aforesaid observations these three appeals are dismissed. Interim order, if any, stands vacated. Civil Applications do not survive and the same are disposed of.

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