The State Of Mah And ANR v. Ganpat Gajaba Bawke

2025:BHC-AUG:17756 1 13-CA 16591-2010.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16591 OF 2010 IN FAST/31942/2010 The State of Maharashtra .. Applicant

Versus

Ganpat Gajaba Bawke and another .. Respondents WITH CIVIL APPLICATION NO. 16592 OF 2010 IN FAST/31942/2010 The State of Maharashtra .. Applicant

Versus

Ganpat Gajaba Bawke and another .. Respondents WITH FIRST APPEAL (STAMP) NO. 31942 OF 2010 The State of Maharashtra and another .. Applicants

Versus

Ganpat Gajaba Bawke .. Respondent Mr. S. B. Jadhav, AGP for the Applicants.

CORAM : KISHORE C. SANT, J.

DATE : 08th JULY, 2025.

PER COURT :- CIVIL APPLICATION NO. 16591 OF 2010 :

1.

Heard.

2 13-CA 16591-2010.odt 2.

For the reasons stated in the application, delay of 664 days caused in filing the first appeal stands condoned. Office to register first appeal.

3.

The civil application stands disposed of.

FIRST APPEAL (STAMP) NO. 31942 OF 2010 :

1.

The State has filed this appeal challenging the judgment and award passed by the learned Court of Civil Judge Senior Division, Kopargaon in L.A.R. No. 16/2001 dated 24.09.2008. The learned Judge by way of impugned judgment and award has increased the amount of compensation in the L.A.R. filed by the respondent/claimant. The claimant had approached the Court under Section 18 of the Land Acquisition Act. Notification under Section 4 came to be issued on 06.11.1997. Award was passed in the year 2000. The possession was taken on 06.07.1996. The learned S.L.A.O. granted rate of Rs. 57,500/- per Hectare i.e. Rs. 4,600/- per R. The same is enhanced by the learned Reference Court to Rs. 1,47,800/- per Hectare i.e. Rs. 14,178/- per R. 2.

Considering that, now the Government of Maharashtra has

3 13-CA 16591-2010.odt come in the policy by way of circular dated 03.11.2016 and corrigendum dated 23.02.2017 not to file appeals where the amount of enhancement in the compensation is less than four times of the award of the S.L.A.O. and in case, such appeals are filed, the same be withdrawn.

3.

Considering the above, this Court finds that, in the present case, the amount of compensation i.e. enhanced is less than four times of the amount awarded by the learned S.L.A.O. Considering the above, this Court finds that, the appeal deserves to be disposed of at this stage itself. Even otherwise on merits, this Court finds that the learned Reference Court has not committed any illegality and for this reason also the first appeal stands disposed of.

CIVIL APPLICATION NO. 16592 OF 2010 :

.

In view of disposal of first appeal, civil application does not survive and the same is also disposed of.

( KISHORE C. SANT, J. ) P.S.B.