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Bombay High CourtFA/83/2020disposed off

The State Of Maharashtra Through The Collector, Thane, v. Mr. Vasant Digamgar Patil (Since Deceased) Through His Lr'S. Mr. Suhas Vasant Patil And ORS.

2024-04-30Hon'Ble Shri Justice Kishore C. Sant2 pages

(2)-FA-83-20.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.05.06 12:24:18 +0530 FIRST APPEAL NO.83 OF 2020 BALAJI GOVINDRAO PANCHAL The State of Maharashtra ..Appellant

Versus

Mr. Vasant Digamgar Pail Since deceased through legal heirs Mr. Suhas Vasant Patil & 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 26/04/2013 passed by the learned Joint Civil Judge Senior Division, Thane, in Land Reference No.98 of 2011. The land was acquired for Site of Proposed New Town project. The Special Land Acquisition officer, while passing award u/s. 11 of the Land Acquisition Act, awarded Rs.51,370/- as a compensation to the claimant. The Reference Court while deciding the Reference, awarded Rs.1,40,100/- 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 BGP.

(2)-FA-83-20.doc.

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 The above Appeal therefore stands disposed of as withdrawn.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

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