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Bombay High CourtCA/6860/2013admittedallowedgrantedrule absolute

The State Of Maharashtra And Another v. Sadashiv Prabat Patil

2025-09-10Hon'Ble Shri Justice Kishore C. Sant4 pages

2025:BHC-AUG:24282 1 922-CA 6858-2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6858 OF 2013 IN FAST/10187/2013 The State Of Maharashtra And Another .. Applicants

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Dhansing Fakira Patil .. Respondents WITH CIVIL APPLICATION NO. 6859 OF 2013 IN FAST/10187/2013 The State Of Maharashtra And Another .. Applicants

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Dhansing Fakira Patil .. Respondents WITH FIRST APPEAL (STAMP) NO. 10187 OF 2013 The State Of Maharashtra And Another .. Appellants

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Dhansing Fakira Patil .. Respondents AND CIVIL APPLICATION NO. 6860 OF 2013 IN FAST/10230/2013 The State Of Maharashtra And Another .. Applicants

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Sadashiv Prabat Patil .. Respondents

2 922-CA 6858-2013.odt WITH CIVIL APPLICATION NO. 6861 OF 2013 IN FAST/10230/2013 The State Of Maharashtra And Another .. Applicants

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Sadashiv Prabat Patil .. Respondents WITH FIRST APPEAL (STAMP) NO. 10230 OF 2013 The State Of Maharashtra And Another .. Appellants

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Sadashiv Prabat Patil .. Respondents Smt. Chaitali Chaudhari-Kutti, AGP for the Applicants/Appellants. CORAM : KISHORE C. SANT, J.

DATE : 10th SEPTEMBER, 2025.

PER COURT :- CIVIL APPLICATIONS FOR CONDONATION OF DELAY : 1.

These applications are for condonation of delay of 2033 days caused in filing the first appeals. The appeals are filed challenging judgment and award dated 22.01.2007 passed by the learned Ad-hoc District Judge-1, Jalgaon deciding the references under Section 18 of the Land Acquisition Act.

3 922-CA 6858-2013.odt 2.

In spite of service, none appears for respondents. 3.

For the reasons stated in the applications, applications stand allowed. Delay is condoned. Office to register first appeals. FIRST APPEALS :

1.

These appeals are filed challenging judgment and award dated 22.01.2007 passed by the learned Ad-hoc District Judge-1, Jalgaon in L.A.R. Nos. 90/1993 and 94/1993. The references were filed under Section 18 of the Land Acquisition Act for enhancement in the amount of compensation. The land was acquired for Hatnoor Dam Project, Chopada. The notification under Section 4 of the Land Acquisition Act was issued on 15.03.1984. The award came to be passed on 10.08.1987. The learned S.L.A.O. granted rate of Rs. 230/- per R. The same is enhanced to Rs. 833/- per R by the learned Reference Court. 2.

The Government of Maharashtra vide Government Resolution dated 03.11.2016 and Corrigendum dated 23.02.2017, took a decision not to file appeals where the amount enhanced is less than four times of the amount awarded by the learned S.L.A.O. In case, appeals are filed, the said appeals be withdrawn.

4 922-CA 6858-2013.odt In the present case, the amount of enhancement is less than four times of the amount awarded by the learned S.L.A.O. Since the amount is less than four times, in view of the Government decision referred to above this Court finds that, no purpose would be served by keeping the appeals pending.

3.

Therefore, first appeals are dismissed. No order as to costs. 4.

Pending civil applications, if any, also stand disposed of. ( KISHORE C. SANT, J. ) P.S.B.