The State Of Mahrashtra v. Dattatrya Mahadeo Gole And ORS

(2)-FA-1119-01.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.05.06 12:24:11 +0530 FIRST APPEAL NO.1119 OF 2001 BALAJI GOVINDRAO PANCHAL WITH CIVIL APPLICATION NO.4528 OF 2001 The State of Maharashtra ..Appellant

Versus

Dattatrya Mahadeo Gole & Ors.

..Respondents Mr. A. R. Patil, AGP for the Appellant/State. CORAM : KISHORE C. SANT, J.

DATE : 30th APRIL, 2024 P.C.

1.

The above First Appeal arises from the judgment and award dated 28/12/1998 passed by the learned Joint District Judge, Nashik, in Land Reference No.708 of 1990. The land was acquired for construction of percolation tank. The Special Land Acquisition officer, while passing award u/s. 11 of the Land Acquisition Act, awarded Rs.14,744/- as a compensation to the claimant. The Reference Court while deciding the Reference, awarded Rs.48,270/- by way of enhancement. The learned AGP submits that the said enhancement is within four times of the 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.

BGP.

(2)-FA-1119-01.doc.

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 The above Appeal therefore stands disposed of as withdrawn.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 Application, if any, also disposed of. 4.

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