The State Of Maharashtra And ORS v. Namdeo Madhav Khochare Died Since Deceased His Lrs Bharat Namdeo Khochare

1 949FA862.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

949 FIRST APPEAL NO. 862 OF 2017 The State Of Maharashtra And Ors

VERSUS

Namdeo Madhav Khochare Died Since Deceased His Lrs Bharat Namdeo Khochare AND FIRST APPEAL NO. 861 OF 2017 The State Of Maharashtra And Ors

VERSUS

Laxmibai Sitaram Jadhav ...

Mr. D. J. Patil - AGP for Appellant/State in both Appeals ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 19TH MARCH 2025 PER COURT : - 1.

These Appeals are filed by the State against the Judgment and Award dated 16.04.2014 passed by the learned Reference Court in Land Acquisition proceedings.

2.

Learned AGP appears for the Appellant/State. None appears for the Respondents/Claimants.

3.

On 18.03.2025, following order was passed :

". These are the Appeals by the State against the Award dated 16.04.2014 passed by the learned Reference Court in Land Acquisition proceedings.

2. The respective learned Assistant Government Pleaders appears for the Appellants - State. None appears for the Respondents - Claimants.

SG Punde

2 949FA862.2017.odt

3. It is submitted by the learned Assistant Government Pleaders that the amount deposited by the State in these Appeals are withdrawn by the Respondents - Claimants. They submit that the amount of compensation awarded by the Reference Court is not more than four times than the compensation worked out by the learned Special Land Acquisition Officer. They submit that the Government had taken decision by way of Government Resolution (G.R.) dated 03.11.2016 and Corrigendum to the said G.R. dated 23.02.2017 in that regard. They submit that this Court in First Appeal No.1146 of 2017 by Order dated 30.09.2024 disposed of the said Appeal.

4. Since, these First Appeals are listed today under the caption 'admission' and none appears for the Respondents - Claimants, the same are kept tomorrow i.e. 19.03.2025 for disposal along with First Appeal No. 861 of 2017." 4.

In view of the above Government Resolutions, the Appeal ought not to have been filed since the enhanced compensation by the Reference Court is within the ambit of four times than the compensation granted by the learned Special Land Acquisition Officer. First Appeal No. 1146 of 2017 has been disposed of by order dated 30.09.2024. Hence, the Appeals stand disposed off in view of the Government Resolution (G.R.) dated 03.11.2016 and Corrigendum to the said G.R. dated 23.02.2017.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 21/03/2025 17:27:12 SG Punde