The State Of Mah And ORS v. Jagdish Vasudeo Menan And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 15 CIVIL APPLICATION NO. 3774 OF 2012 IN FAST/9174/2012 THE STATE OF MAHARASHTRA AND ORS

VERSUS

JAGDISH VASUDEO MENAN AND ORS ...

APP for Applicants/State : Mr. R.B.Dhaware ...

CORAM : KISHORE C. SANT, J.

DATE : 17.07.2025.

PER COURT :

ORDER IN CIVIL APPLICATION NO. 3774 OF 2012 :- 1.

This application is filed for condonation of delay of 717 days caused in filing appeal.

2.

For the reasons stated in the application the application stands allowed. Delay stands condoned.

3.

The application is disposed off.

4.

Office to register the appeal.

ORDER IN FIRST APPEAL (STAMP) :- 1.

The report of service of notice shows that no steps are taken against deceased respondent No. 1.

2.

Learned APP on this submits that in the appeal the challenge is to the award dated 30.12.2009 passed in L.A.R. No. 164 of 2002.

3.

The learned Joint Civil Judge, Senior Division, Nanded has enhanced the amount of compensation. The amount of compensation was enhanced to Rs. 4,00,000/- per hector instead of Rs. 3,80,000/- per hector.

4.

The learned S.L.A.O. has awarded amount @ of Rs. 1,26,700/- per hector. It is enhanced to Rs. 4,00,000/- per hector. 5.

Considering that now the government has framed policy of not preferring the appeal in case, amount of compensation is enhanced to less than four times of the amount awarded by the learned SLAO and in the cases, where the appeals are filed the same are to be withdrawn, said policy is given in the notification dated 03.11.2016 and Corrigendum dated 23.02.2017.

6.

Considering above, this Court finds that keeping the appeal pending would not serve any purpose. The appeal therefore, stands disposed off, in view of the said notification. No order as to the costs.

7.

In view of disposal of the First Appeal, the pending Civil Applications if any, are also disposed off.

( KISHORE C. SANT ) JUDGE mahajansb/