The State Of Mah And ANR v. Shridhar Madhavrao Patil And ANR
1 51-CA 6995-2010.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 6995 OF 2010 IN FAST/11807/2010 The State of Maharashtra and another .. Applicants
Versus
Shridhar Madhavrao Patil And Another .. Respondents Mr. R. B. Dhaware, AGP for the Applicants.
WITH CIVIL APPLICATION NO. 6996 OF 2010 IN FAST/11807/2010 The State of Maharashtra and another .. Applicants
Versus
Shridhar Madhavrao Patil And Another .. Respondents Mr. R. B. Dhaware, AGP for the Applicants.
WITH FIRST APPEAL (STAMP) NO. 11807 OF 2010 The State of Maharashtra and another .. Appellants
Versus
Shridhar Madhavrao Patil And Another .. Respondents Mr. R. B. Dhaware, AGP for the Appellants.
CORAM : KISHORE C. SANT, J.
DATE : 30th JUNE, 2025.
2 51-CA 6995-2010.odt PER COURT :- CIVIL APPLICATION NO. 6995 OF 2010 :
.
This application is filed for condonation of delay of 634 days caused in filing the first appeal challenging the enhancement by the learned Reference Court in the proceeding under Section 18 of the Land Acquisition Act.
2.
The learned A.G.P. submits that, in the present case, the land of the respondents came to be acquired for the purpose of storage tank at village Deoni, District Latur. The learned S.L.A.O. had granted rate of Rs. 990/- per R towards compensation and passed an award. The respondents approached the learned Reference Court seeking enhancement. The learned Reference Court by common judgment and order dated 15.04.2008 awarded rate of Rs. 3,200/- per R.
3.
Now, in view of policy of the Government by way of circular dated 03.11.2016 and corrigendum dated 23.02.2017 it is decided not to file appeals where the amount of enhancement is less than four times of the award by the learned S.L.A.O. In the present case, since the amount awarded is less than four times of the award by the learned S.L.A.O., this Court is not inclined to allow the application. The civil application for condonation of delay is allowed without notice to the claimants.
4.
The civil applications stands disposed of.
3 51-CA 6995-2010.odt FIRST APPEAL (STAMP) NO. 11807 OF 2010 :
.
Today, this Court has condoned the delay of 634 days caused in filing the first appeal. In the present case, the reasons are already recorded in the order on the civil application for condonation of delay. In view of the Government policy as reflected in circular dated 03.11.2016 and corrigendum dated 23.02.2017 this Court finds that, the first appeal needs to be disposed of. The learned S.L.A.O. granted rate of Rs. 990/- per R and the same is enhanced to Rs. 3,200/- per R by the learned Reference Court. Considering the policy of the Government, nothing survives in the first appeal. The first appeal, therefore, stands disposed of.
2.
Needless to say that, the Government shall be entitled to refund of Court fees.
CIVIL APPLICATION NO. 6996 OF 2010 :
.
In view of disposal of the first appeal, the civil application for stay also stands disposed of.
( KISHORE C. SANT, J. ) P.S.B.