Bhagwan Vishanath Sajan v. The State Of Maharashtra And ORS

fa2522.15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 FIRST APPEAL NO. 2522 OF 2015 WITH FA/2523/2015 BHAGWAN VISHANATH SAJAN

VERSUS

THE STATE OF MAHARASHTRA AND ORS .....

Advocate for Appellants : Mr. Survase Rajhans P. (absent) AGP for Respondent Nos. 1 and 2 : Mr. A. M. Phule Advocate for Respondent No. 3 : Mr. S. G. Bhalerao .....

CORAM : V. K. JADHAV, J.

DATED : 10th JUNE, 2016 PER COURT:- 1.

None present for the appellants.

2.

Learned counsel for respondent No.3-acquiring body submits that execution petition in respect of land acquisition reference bearing LAR No. 218 of 2011 (Waman s/o Durgaji Gore v/s. The State of Maharashtra) and LAR No. 219 of 2011 (Bhagwan s/o Vishwanath Sajan v/s. The State of Maharashtra) are amicably settled before the Lok Nyayalaya on 11.04.2015 at Parbhani, and accordingly, the present appellants/claimants have even accepted enhanced amount of compensation and accordingly the execution petitions came to be disposed of as satisfied. Learned counsel, in order to substantiate his contention, placed a copy of said settlement before this Court, which is taken on record and marked "X" for

fa2522.15 -2identification in both these appeals.

3.

It appears from the appeal memo in both the appeals that the appellants have not at all given reference to this amicable settlement and by suppressing this material fact, seems to have preferred the present appeals.

4.

In view of the above, I do not find any substance in both the appeals and the same are accordingly disposed of. ( V. K. JADHAV, J.) vre/