The Godavari Marathwada Irrigations Development Corporation, Aurangabad Thr The Exe Engineer And Or v. Ganesh Deorao Wagh

931-FA-268-2017 .odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 FIRST APPEAL NO.268 OF 2017 WITH CA/861/2019 THE GODAVARI MARATHWADA IRRIGATIONS DEVELOPMENT CORPORATION AND ORS

VERSUS

GANESH DEORAO WAGH ...

Advocate for Appellant : Mr. P.R. Tandale AGP for Respondents : Mr. S.J. Salgare Advocate for Respondent : Mr. Suhas R. Shirsath ...

CORAM : P.R. BORA, J.

DATED : 16th JANUARY, 2019.

PER COURT:- .

I have perused the impugned judgment and award. The land which is the subject matter in the present appeal was acquired for the Lower Dudhna Project. The SLAO had offered the compensation for the acquired lands at the rate of Rs.700/- per R. The Reference Court has enhanced it to Rs.2,500/- per R for non-irrigated lands and Rs.3,750/- per R for irrigated lands and Rs.1,250/- for Potkharaba lands.

2.

Admittedly, the compensation as has been enhanced by the Reference Court is less than four times of the compensation as was offered by the SLAO. In the circumstances, in view of the policy

931-FA-268-2017 .odt (2) adopted by the State Government vide Government Resolution dated 03rd November, 2016 with Corrigendum dated 23rd February, 2017 and 13th August, 2018, the present appeal is not liable to be prosecuted further. As such, the following order is passed:

ORDER

i) The present appeal stands disposed of in view of the Government Resolution dated 03rd November, 2016 with Corrigendum dated 23rd February, 2017 and 13th August, 2018, however, without any order as to costs.

ii) Pending civil applications, if any, stand disposed of.

iii) The original claimants are permitted to withdraw the amount of compensation deposited by the acquiring body in this Court.

(P.R. BORA, J.) Mujaheed//