The State Of Maharashtra v. Santram Sadhu Kathare And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD FIRST APPEAL ST. NO. 7414 OF 2015 WITH CIVIL APPLICATION NO. 5448 OF 2015 The State of Maharashtra ... Applicant

VERSUS

Ganpati Tulshiram Koli & Anr.

... Respondents .............

Mr P. P. More, AGP for Applicant/State ..............

ALONG WITH FIRST APPEAL ST. NO. 7464 OF 2015 WITH CIVIL APPLICATION NO. 5456 OF 2015 FIRST APPEAL ST. NO. 7476 OF 2015 WITH CIVIL APPLICATION NO. 5454 OF 2015 FIRST APPEAL ST. NO. 7485 OF 2015 WITH CIVIL APPLICATION NO. 5452 OF 2015 FIRST APPEAL ST. NO. 7479 OF 2015 WITH CIVIL APPLICATION NO. 5450 OF 2015

FIRST APPEAL ST. NO. 7491 OF 2015 WITH CIVIL APPLICATION NO. 5458 OF 2015 FIRST APPEAL ST. NO. 7488 OF 2015 IN CIVIL APPLICATION NO. 5460 OF 2015 FIRST APPEAL ST. NO. 7467 OF 2015 WITH CIVIL APPLICATION NO. 5462 OF 2015 FIRST APPEAL ST. NO. 7470 OF 2015 WITH CIVIL APPLICATION NO. 5464 OF 2015 FIRST APPEAL ST. NO. 7473 OF 2015 WITH CIVIL APPLICATION NO. 5466 OF 2015 FIRST APPEAL ST. NO. 7485 OF 2015 WITH CIVIL APPLICATION NO. 5452 OF 2015 FIRST APPEAL ST. NO. 7482 OF 2015 WITH CIVIL APPLICATION NO. 5468 OF 2015 CORAM :

S. V. GANGAPURWALA, J.

DATE : 28TH AUGUST, 2015.

PER COURT:

.

Heard learned AGP for the applicant/State.

2.

I have gone through the judgment passed by the reference Court. In majority of matters, the enhancement is in the range between Rs. 1,000 to 10000/-. In fact, there is no propriety for the State to file appeal, in such matters. It appears that, without application of mind, the appeals are being filed. Even the costs of filing of these appeals is more than the enhancement granted by reference Court in majority of these matters. The delay caused in filing the appeals is also more than seven years.

3.

I have considered the appeals on merit. The market value of the land determined by valuer is more than Rs. 218/- per R., which would be in the range of Rs. 10,000/- to 12,000/- per acre. The Court has considered the relevant aspects and the sale instances at Exh. 13. The Land Acquisition Officer in the award itself had shown the amount of compensation at the rate of Rs. 18,000/- to 19,000/- for both the groups, but did not award the same.

4.

Considering the aforesaid aspects of the matter, First Appeals are dismissed.

5.

In view of disposal of main appeals, nothing survives for consideration in the connected civil applications for condonation of delay and same stand disposed of.

[ S. V. GANGAPURWALA, J. ] sgp