Bombay High CourtFA/1244/2007dismissed

State Of Maharashtra And ANR v. Ravindra Lotu Choudhary

2024-09-30Hon'Ble Shri Justice Arun R. Pedneker4 pages

2024:BHC-AUG:23860 1 FA1318.2007+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 162 FIRST APPEAL NO. 1318 OF 2007 STATE OF MAHARASHTRA AND ANOTHER

VERSUS

CHANDRAKANT NAMDEO PATIL ...

AGP for Appellants : Ms. A. S. Mantri None present for the Respondent ...

AND ...

FIRST APPEAL NO. 1245 OF 2007 STATE OF MAHARASHTRA AND ANOTHER

VERSUS

USHABAI DIGAMBAR MAHAJAN ...

AGP for Appellants : Ms. A. S. Mantri None present for the Respondent ...

AND ...

FIRST APPEAL NO. 1244 OF 2007 STATE OF MAHARASHTRA AND ANOTHER

VERSUS

RAVINDRA LOTU CHOUDHARY ...

AGP for Appellants : Ms. A. S. Mantri None present for the Respondent ...

AND ...

FIRST APPEAL NO. 1243 OF 2007 STATE OF MAHARASHTRA AND ANOTHER

VERSUS

RAMDAS GANPAT RANE ...

2 FA1318.2007+ AGP for Appellants : Ms. A. S. Mantri None present for the Respondent ...

AND ...

FIRST APPEAL NO. 1241 OF 2007 STATE OF MAHARASHTRA AND ANOTHER

VERSUS

DINESH VASANT PATIL ...

AGP for Appellants : Ms. A. S. Mantri None present for the Respondent ...

AND ...

FIRST APPEAL NO. 1160 OF 2007 STATE OF MAHARASHTRA AND ANOTHER

VERSUS

RAVINDRA BABURAO KHACHANE ...

AGP for Appellants : Ms. A. S. Mantri None present for the Respondent ...

AND ...

FIRST APPEAL NO. 1242 OF 2007 STATE OF MAHARASHTRA AND ANOTHER

VERSUS

VATSALABAI PUNA YEWALE ...

AGP for Appellants : Ms. A. S. Mantri None present for the Respondent ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 30th SEPTEMBER, 2024

3 FA1318.2007+ PER COURT:

Heard Ms. A. S. Mantri, learned AGP for the appellants / State Authorities.

As pointed out by the learned AGP, in the instant first appeals, the compensation awarded by the SLAO for acquiring the land and the enhanced compensation awarded by the Reference Court is quoted below:

Sr.

No.

First Appeal No.

Compensation awarded by the SLAO Compensation enhanced by the Reference Court 01.

FA/1318/2007 Rs.5,544/- Rs.18,000/- 02.

FA/1245/2007 Rs.4,851/- Rs.15,750/- 03.

FA/1244/2007 Rs.4,019/- Rs.13,050/- 04.

FA/1243/2007 Rs.6,930/- Rs.22,500/- 05.

FA/1160/2007 Rs.832/- Rs.2,700/- 06.

FA/1242/2007 Rs.16,370/- Rs.6,300/- 07.

FA/1241/2007 Rs.7,762/- Rs.25,200/- 3.

In terms of the decision of the State Government by Government Resolution dated 03.11.2016 followed by corrigenda dated 23.02.2017, 04.05.2017 and 11.05.2018, the State Government has taken a policy decision not to challenge the award passed by the Reference Court, where the enhancement is less than four times over the compensation granted by the SLAO in the rural areas.

4 FA1318.2007+ 4.

The learned AGP admits that the said Government Resolution will be applicable to the instant first appeals. 5.

In the instant first appeals, the enhancement is less than four times and the compensation being meager, all the first appeals stand dismissed.

[ARUN R. PEDNEKER, J.] marathe