The State Of Mah And ORS v. Rukminbai Vishvanath Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD FIRST APPEAL NO. 161 OF 2015 WITH CIVIL APPLICATION NO. 15613 OF 2010 The State of Maharashtra through Collector, Latur and Anr.

... Applicant

VERSUS

Rukminbai w/o Manohar Chapte and Ors.

... Respondents .............

Mr S. G. Sangle, AGP for applicants/State Mr Sakolkar, Advocate for respondents No. 2 to 4 ..............

ALONG WITH FIRST APPEAL NO. 159 OF 2015 FIRST APPEAL NO. 160 OF 2015 FIRST APPEAL NO. 162 OF 2015 FIRST APPEAL NO. 163 OF 2015 FIRST APPEAL NO. 164 OF 2015 FIRST APPEAL NO. 165 OF 2015 FIRST APPEAL NO. 166 OF 2015 FIRST APPEAL NO. 167 OF 2015 FIRST APPEAL NO. 168 OF 2015 FIRST APPEAL NO. 169 OF 2015 FIRST APPEAL NO. 170 OF 2015 FIRST APPEAL NO. 171 OF 2015 FIRST APPEAL NO. 172 OF 2015 CORAM :

S. V. GANGAPURWALA, J.

DATE : 28TH AUGUST, 2015.

PER COURT:

.

Heard Mr S. G. Sangle, learned AGP for applicant/State and Mr Sakolkar, learned Counsel for claimants/respondents.

2.

Learned AGP submits that, the learned Reference Court has not properly considered the sale instances and the report of the valuer. He further submits that, without any basis exorbitant amount of compensations has been awarded by the reference Court. Similarly, all the land under the sale deed and the land acquired have not been considered by the reference Court.

3.

Mr Sakolkar, learned Counsel for the respondent submits that various lands were acquired by the notification under Section 4 of the Land Acquisition Act, dt. 8.9.2005 for the purpose of Gurnal Storage Tank. In some of the appeals filed by the State against the judgment and award passed by the reference Court, this Court has dismissed the said appeals bearing First Appeal No. 1416 of 2014 with other connected appeals vide order dt. 21.7.2015.

4.

I have considered the submissions canvassed by ld. Counsel and also gone through the oral order passed by this Court in First Appeal No. 1416 of 2014 with other connected appeals. It appears that all the appeals are filed challenging the same notification u/s 4 of the Land Acquisition Act. The reference Court has already considered the sale instances and has also discussed the same.

5.

In the light of the above and for the reasons stated in the order dt. 21.7.2015 passed by this Court in First Appeal No. 1416 of 2014 with other connected appeals, the present appeals also stand disposed of. No costs.

6.

In view of disposal of main appeals, connected civil application for stay no more survives and same stands disposed of. [ S. V. GANGAPURWALA, J. ] sgp