State Of Mah v. Ramesh Shripat Patil
2024:BHC-AUG:3100 1 1013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD FIRST APPEAL NO.1451 OF 2007 THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER
VERSUS
UDDHAV GORAKH PATIL ...
AGP for Appellants: Ms. P. R. Bharaswadkar Advocate for Respondent :
Mr. Dhananjay A. Naik h/f. Mr. Sachin V. Bhosale ...
X-OBJECTION NO.32 OF 2023 ...
AND ...
FIRST APPEAL NO.125 OF 2008 THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER
VERSUS
RAMESH SHRIPAT PATIL ...
AGP for Appellants: Ms. P. R. Bharaswadkar Advocate for Respondent :
Mr. Dhananjay A. Naik h/f. Mr. Sachin V. Bhosale ...
X-OBJECTION NO.33 OF 2023 ...
AND ...
FIRST APPEAL NO.2917 OF 2008 THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER
VERSUS
SAU DEVAKABAI BHATU MARATHE ...
AGP for Appellants: Ms. P. R. Bharaswadkar Advocate for Respondent :
Mr. Dhananjay A. Naik h/f. Mr. Sachin V. Bhosale ...
2 1013 X-OBJECTION NO.35 OF 2023 ...
AND ...
FIRST APPEAL NO.80 OF 2008 THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER
VERSUS
BULA GORAKH PATIL ...
AGP for Appellants: Ms. P. R. Bharaswadkar Advocate for Respondent :
Mr. Dhananjay A. Naik h/f. Mr. Sachin V. Bhosale ...
X-OBJECTION NO.34 OF 2023 ...
AND ...
FIRST APPEAL NO. 3205 OF 2008 FIRST APPEAL NO. 13 OF 2010 FIRST APPEAL NO. 2769 OF 2010 FIRST APPEAL NO. 2768 OF 2010 FIRST APPEAL NO. 1423 OF 2010 FIRST APPEAL NO. 823 OF 2007 FIRST APPEAL NO. 3540 OF 2008 FIRST APPEAL NO. 4189 OF 2008 FIRST APPEAL NO. 4188 OF 2008 FIRST APPEAL NO. 4187 OF 2008
3 1013 FIRST APPEAL NO. 4186 OF 2008 FIRST APPEAL NO. 4193 OF 2008 FIRST APPEAL NO. 4190 OF 2008 FIRST APPEAL NO. 3206 OF 2008 FIRST APPEAL NO. 3209 OF 2008 FIRST APPEAL NO. 3208 OF 2008 FIRST APPEAL NO. 3455 OF 2008 FIRST APPEAL NO. 3207 OF 2008 X-OBJECTION NO. 19 OF 2024 IN FA/1423/2010 ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 08th FEBRUARY, 2024 PER COURT:
1.
Heard.
2.
In First Appeal No.1451 of 2007, First Appeal No.125 of 2008, First Appeal No.2917 of 2008 and First Appeal No.80 of 2008, the S.L.A.O. granted compensation at the rate of Rs.53,000/- per Hector, whereas the reference court has granted compensation at the rate of Rs.87,500/- per Hector for dry land and Rs.1,75,000/- per Hector for irrigated land.
4 1013 3.
In all these cases, the learned AGP submits that there is increase of not more than 4 times of the compensation by the Reference Court over the compensation granted by the S.L.A.O., and, as such, the Government Resolutions dated 03.11.2016 and 23.02.2017 are applicable to the present appeals. In terms of the aforesaid Government Resolutions, the Government has taken a policy decision not to challenge any award in which the reference court has enhanced the compensation of not more than twice in urban areas and 4 times in rural areas. The said Government Resolutions are also applicable to the pending matters. 4.
In view of the same, since in the instant case, the increase is not more than 4 times, and the acquisition is of rural land, the above Government Resolutions also apply to the present First Appeals filed by the State.
5.
In view of the same, the First Appeal No.1451 of 2007, First Appeal No.125 of 2008, First Appeal No.2917 of 2008 and First Appeal No.80 of 2008 are dismissed.
6.
List the pending X-Objections in the above First Appeals and the remaining First Appeals with X-Objections for hearing, on 22.02.2024.
[ARUN R. PEDNEKER, J.] marathe