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Bombay High CourtFA/459/2003dismissedrule discharged

State Of Maharashtra v. Bapu Aba Satpute

2018-01-19Hon'Ble Shri Justice M.S. Sonak2 pages

{1} fa45903.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.459 OF 2003 The State of Maharashtra Appellant

Versus

Bapu Aba Satpute r/o Sakegaon, District Ahmednagar Respondent Mr. A.M. Phule, AGP for appellant.

None present for the Respondent.

CORAM : M.S. SONAK, J.

DATE : 19th JANUARY, 2018 ORAL JUDGMENT :

Heard Mr.Phule, learned A.G.P. For the appellant. Respondent is neither present nor represented, though served. In this case, the SLAO had, in entirety, awarded compensation of Rs.9600/-, which has been enhanced by the Reference Court to Rs.12,000/-. This means that the excess compensation awarded by the Reference Court comes to only Rs.2400/-.

For the reasons set out in the order dated 06.02.2017 in Civil Application No.5080/2001 and connected matters, (State of Maharashtra Vs. Jagannath Sahebrao Wable), 2017 (5) MhLJ 691, this appeal is liable to be dismissed. However, it is clarified that this dismissal may not be taken as approval of the rate determined by the Reference Court. Further, taking into

{2} fa45903.odt consideration quantum of the compensation involved and also the fact that the impugned award, in this case was made on 30.09.1997, this appeal is dismissed. There shall be no order as to costs.

( M.S. SONAK, J. ) adb/fa45903