State Of Mah. v. Hiraman Tathu Patil

( 1 ) 22-FA-1337-2008

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 FIRST APPEAL NO. 1337 OF 2008 State Of Maharashtra

VERSUS

Hiraman Tathu Patil ...

Mr. S. B. Jadhav, AGP for Respondent-State.

None for Respondent.

CORAM : KISHORE C. SANT, J.

DATE : 4th AUGUST 2025.

PC :- 1.

This First Appeal arises out of judgment and award dated 15th November 2000, passed by the learned Joint Civil Judge, Senior Division, Jalgaon, in LAR No. 1496 of 1998. The respondent is the claimant who had filed a Land Acquisition Reference for enhancement under Section 18 of the Land Acquisition Act. 2.

A notification under Section 4 came to be issued on 16th July 1989. The land of the claimant, admeasuring 72 R from Gut No.411, came to be acquired for construction of highway. The award came to be passed Ethape

( 2 ) 22-FA-1337-2008 on 5th December 1992. The learned SLAO granted a rate of Rs. 87,000/- per Hector. By way of impugned order, the learned Reference Court enhanced the rate to Rs. 2,52,000/- per Hector. 3.

Heard the learned AGP for some time.

4.

This Court finds that the said enhancement is less than four times of the award by learned SLAO. The Government of Maharashtra vide notification dated 3rd November 2016 and corrigendum dated 23rd February 2017 has taken a decision not to file appeals in cases, where the amount of compensation is enhanced to less than four times of the compensation awarded by the learned SLAO.

5.

Considering above, this Court finds that keeping the appeal pending would not serve any purpose. The appeal therefore stands dismised in view of the said notifications. No order as to costs. 6.

In view of dismissal of first appeal, pending applications, if any, do not survive and same stand disposed off.

[KISHORE C. SANT, J.] Ethape