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Bombay High CourtCA/11945/2016disposed offdismissed for default

The State Of Maharashtra And ORS v. Urmilabai Laxuman Lahane

2017-06-28Hon'Ble Shri Justice P.R. Bora3 pages

(1) 14 CIVIL APPLICATION NO. 11927 OF 2016 IN FAST/23181/2016 WITH CA/11928/2016 IN FAST/23181/2016 WITH CA/11929/2016 IN FAST/23308/2016 WITH CA/11930/2016 IN FAST/23308/2016 WITH CA/11932/2016 IN FAST/23311/2016 WITH CA/11933/2016 IN FAST/23311/2016 WITH CA/11934/2016 IN FAST/23302/2016 WITH CA/11935/2016 IN FAST/23302/2016 WITH CA/11937/2016 IN FAST/23305/2016 WITH CA/11938/2016 IN FAST/23305/2016 WITH CA/11940/2016 IN FAST/23296/2016 WITH CA/11941/2016 IN FAST/23296/2016 WITH CA/11943/2016 IN FAST/23299/2016 WITH CA/11944/2016 IN FAST/23299/2016 WITH CA/11945/2016 IN FAST/23315/2016 WITH CA/11947/2016 IN FAST/23315/2016 THE STATE OF MAHARASHTRA AND ORS

VERSUS

RAOSAHEB VITHAL LAHANE AND ORS ...

AGP for Applicants : Mr. S.M.Ganachari Mr.D.M.Bhalke, h/f Smt.Puri Sujata L., Adv., for R/1 To 3c. ...

CORAM : P.R. BORA, J.

Dated: July 04, 2017 ...

(2) PER COURT :- 1.

Heard learned A.G.P. and learned Counsel appearing for the respondents i.e. Original claimants. 2.

Delay of 467 days has occurred in filing these appeals by the State.

3.

Learned A.G.P. submitted that the Special Land Acquisition Officer had awarded the compensation at the rate of Rs.560/- per Are in some matters and Rs.631/- per Are in few matters. The Reference Court has enhanced the amount of compensation by determining the market value of the acquired land at the rate of Rs.1,83,000/- per acre which comes to Rs.4525/- per Are. Learned A.G.P. submitted that the hike so given by the Reference Court is unreasonable and without any sufficient evidence.

4.

After having considered the fact that the amount of compensation has been enhanced by many times by the Reference Court and more particularly, having regard to the fact that public money is involved, I am inclined to condone the delay which has occasioned in filing the present appeals. 5.

Learned Counsel appearing for the respondents i.e.

(3) Original claimants though has opposed for condonation of delay, for the reasons stated in the applications which, according to me, are just and sufficient, the delay is condoned. The Appeals be registered in accordance with law. Civil Applications for condonation of delay stands disposed of.

6.

Issue notice to the respondents in the appeals. Learned Counsel Smt.Sujata Puri waives service for the respondents. Service complete. List the matters for admission after four weeks. Call for R & P. 7.

Heard learned Counsel on the applications for stay. Execution of the impugned awards shall stand stayed subject to deposit of the entire amount under each of the aforesaid awards by the appellant State within twelve weeks from the date of this order.

Civil Applications for stay stand disposed of. ( P.R. BORA, J. ) ...