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Bombay High CourtFA/697/2014dismissed

The State Of Maharashtra And ANR. v. Hanmant S/O. Venkoba Patil

2025-09-15Hon'Ble Shri Justice Kishore C. Sant4 pages

2025:BHC-AUG:24959 1 16-FA 695-2014+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 695 OF 2014 The State of Maharashtra Through Collector, Latur and another .. Appellants

Versus

Tulshiram s/o Piraji Patil .. Respondent AND FIRST APPEAL NO. 696 OF 2014 The State of Maharashtra Through Collector, Latur and another .. Appellants

Versus

Venkat Rajaram Biradar .. Respondent AND FIRST APPEAL NO. 697 OF 2014 The State of Maharashtra Through Collector, Latur and another .. Appellants

Versus

Hanmant Venkoba Patil .. Respondent AND FIRST APPEAL NO. 698 OF 2014 The State of Maharashtra Through Collector, Latur and another .. Appellants

Versus

Latabai w/o Rajkumar Biradar .. Respondent

2 16-FA 695-2014+.odt AND FIRST APPEAL NO. 699 OF 2014 The State of Maharashtra Through Collector, Latur and another .. Appellants

Versus

Rajkumar s/o Manikrao Biradar .. Respondent AND FIRST APPEAL NO. 700 OF 2014 The State of Maharashtra Through Collector, Latur and another .. Appellants

Versus

Devidas s/o Saduram Biradar .. Respondent AND FIRST APPEAL NO. 701 OF 2014 The State of Maharashtra Through Collector, Latur and another .. Appellants

Versus

Baburao s/o Sambhaji More .. Respondent AND FIRST APPEAL NO. 702 OF 2014 The State of Maharashtra Through Collector, Latur and another .. Appellants

Versus

Vithal s/o Piraji Patil .. Respondent Mr. R. B. Dhaware, AGP for the Appellants in all matters.

3 16-FA 695-2014+.odt CORAM : KISHORE C. SANT, J.

DATE : 15th SEPTEMBER, 2025.

PER COURT :- .

Not on board. Taken on board.

2.

These appeals are arising out of same acquisition proceeding and common judgment and award. Therefore, same are taken up together and are being disposed off.

3.

The land of the respondents - original claimants came to be acquired for the purpose of percolation tank No. 3 at village Avalkonda. A notification under section 4 of the Land Acquisition Act was issued on 04.07.2002. Award was passed on 15.02.2003. The learned S.L.A.O. awarded the compensation at the rate of Rs. 871/- per R. In a reference, the learned Reference Court i.e. learned C.J.S.D., Ahmedpur, camp at Udgir awarded compensation at the rate of rs. 3000/- per R. The amount of enhancement is within four times of the amount awarded by the learned S.L.AO.

4.

Now, the Government of Maharashtra has laid down a policy vide Government Resolution dated 03.11.2016 and Corrigendum

4 16-FA 695-2014+.odt dated 23.02.2017. By way of said policy, it is decided not to file appeals where the amount of compensation enhanced is less than four times of the amount awarded by the learned S.L.A.O. This Court, therefore, does not find any purpose in keeping the appeals pending in view of the said Government policy. In view of the same, following order :

ORDER

(I) The first appeals stand dismissed. No order as to costs. ( KISHORE C. SANT, J. ) P.S.B.