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Bombay High CourtFA/3137/2016dismissedrule discharged

The State Of Mah And ANR v. Ravindra Raman Patil

2018-01-23Hon'Ble Shri Justice M.S. Sonak2 pages

( 1 ) 914-FA 3137 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 FIRST APPEAL NO. 3137 OF 2016 WITH CA/12729/2011 IN FA/3137/2016 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

RAVINDRA RAMAN PATIL ...

AGP for Appellants : Mr.S.P.Deshmukh Advocate for Respondent : Mr.V.P.Patil ...

CORAM : M.S.SONAK, J.

DATE :

23.1.2018 ORAL ORDER:- 1) Heard Mr.S.P.Deshmukh learned AGP for the appellants.

2) The challenge in this appeal is to the Judgment and award dated 17.9.2008 made by the Reference Court. 3) As per the details provided by the appellants in the appeal memo itself (Foot-Note), the Land Acquisition Officer, in this case had awarded total compensation of Rs.9,859/- in respect of acquired land. The Reference Court has enhanced the same to Rs.16,800/-. This means that difference comes to Rs.6,941/-, which is the precise

( 2 ) 914-FA 3137 of 2016 amount for which the entire appeal is valued.

4) For the reasons set-out in the State of Maharashtra Vs.Jagganath Sahebrao Wable [2017 (5) Mh.L.J. 691], I am not taking into consideration the quantum of compensation and there is no necessity to entertain this appeal. 5) Apart from this, the enhanced rate in the present case is well within the limits prescribed in the Government Resolution dated 3.11.2016 as amended from time to time. This Government Resolution relates to the policy of the State Government that it shall not institute or pursue appeals where the enhanced compensation is less than four times of the Ready Reckoner Rate prevalent on the date of the issue of Section 4 Notification.

6) For the aforesaid reasons, this appeal is dismissed.

7) Civil application does not survive and the same is also disposed of.

[M.S.SONAK, J.] SPT/914-FA 3137 of 2016