State Of Mah v. Ashabai Shankarrao Chavan

941-FA-2256-10.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 2256 OF 2010 STATE OF MAHARASHTRA

VERSUS

ASHABAI SHANKARRAO CHAVAN ...

AGP for Appellant : Mr. S.S. Dande Advocate for Respondent-Claimant :Mr. S.S. Thombre ....

FIRST APPEAL NO. 2258 OF 2010 STATE OF MAHARASHTRA

VERSUS

RAGHUNATH NARBA JADHAV (DIED) THROUGH L.RS.

JAYWANT S/O RAGHUNATHRAO JADHAV AND OTHERS ...

AGP for Appellant : Mr. S.S. Dande Advocate for Respondents No. 1, 3 & 4 :Mr. S.S. Thombre Advocate for Respondent No. 2 :Mr. Bhagwan R Sable ....

CORAM :

ANIL S. KILOR, J.

DATE : 6th APRIL, 2021 PER COURT :- 1.

The challenge raised in the present appeals is to the Judgment and Award dated 23-02-2004, passed by 3rd Ad-hoc Additional District Judge, Ambajogai, District Beed, in Land Acquisition Reference Nos. 175 and 174 of 1999 thereby granting compensation @ Rs. 850/- per R for the lands acquired. 2.

I heard learned counsel for respective parties. 3.

The lands in question were acquired for construction of percolation tank. The Land Acquisition Officer awarded

941-FA-2256-10.odt compensation to the acquired lands @ Rs.245/- per R and Rs.250/- per R and the said amount was enhanced to Rs.850/- per R.

4.

The State Government has issued Government Resolution dated 03-11-2016, issuing guidelines in the matter of Land Acquisition Reference/s and it has been decided that where amount granted by Reference Court is within four times of the amount awarded by the Land Acquisition Officer, the appeal/s in such a matter/s shall not be filed and as regards pending matters, those may be settled if the above condition is fulfilled. 5.

In that view of the matter, because the amount awarded by the Reference Court in these matters is below four times of the Award by the Land Acquisition Officer under award, the appeals are disposed of in view of Government Resolution dated 03-11-2016. No order as to costs. The stay granted by this Court to the execution proceeding stands vacated.

( ANIL S. KILOR ) JUDGE mtk