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Bombay High CourtCA/6082/2012dismissedrule discharged

The State Of Mah v. Godabai Baban Kamble

2015-02-13Hon'Ble Shri Justice M.T. Joshi2 pages

CA 6082/12 & others - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6082/2012 IN FIRST APPEAL (ST.)NO.11628/2012 WITH CA NO.6086/2012 IN FAST NO.11634/2012 The State of Maharashtra.

...Applicant..

VERSUS

Godabai Baban Kamble.

...Respondent...

.....

Shri S.P. Daund, A.G.P. for the applicant / State. .....

CORAM: M.T. JOSHI, J.

DATE: 13.02.2015 ORDER :

1] Heard learned AGP for the applicant.

2] Perused the awards of the learned Civil Judge, Senior Division. It would show that the learned Civil Judge, Senior Division, has enhanced the compensation from Rs.30,000/- per Hectare awarded by the Special Land Acquisition Officer to Rs.40,000/- per Hectare. The reading of the judgment would show that the learned Judge

CA 6082/12 & others - 2 - has relied on four sale instances which would show that even prior to two years of the issue of notification u/s 4 of the Land Acquisition Act, big piece of irrigated land i.e. 1 Hectare 3 Aares was sold for a price of Rs.50,000/-. In that view of the matter, no arguable case has arisen. The civil applications for delay are, therefore, dismissed. Consequently, Civil Application No.6084/2012 in First Appeal (St.)No.11628/2012 with Civil Application No.6088/2012 in First Appeal (St.) No.11634/2012 for grant of stay, therefore, do not survive and hence disposed of as such.

(M.T. JOSHI, J.) ndk/c1321533.doc