The State Of Maharashtra And Another v. Babruwan Dnyanoba Chavan And Others

2025:BHC-AUG:11700

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

47 FIRST APPEAL NO. 3191 OF 2017 The State of Maharashtra And Another

Versus

Rama Shivram Chavan Dead Through His L.Rs. Vaijayantabai Rama Chavan and Others .....

Shri. R. B. Dhaware, AGP for the Appellant / State. Shri. P. S. Chavhan, Advocate for Respondent Nos.1-A to 1-D, Shri. S. G. Sangle, Advocate for Respondent No.2 .....

AND FIRST APPEAL NO. 3190 OF 2017 The State Of Maharashtra And Another

Versus

Babruwan Dnyanoba Chavan and Others .....

Shri. R. B. Dhaware, AGP for the Appellant / State. Shri. P. S. Chavan, Advoate for Respondent Nos. 1 to 5 Shri. S. G. Sangle, Advocate for Respondent No.6 .....

AND 48 FIRST APPEAL NO. 3192 OF 2017 The State Of Maharashtra And Another

Versus

Mahadeo Sheku Chavan And Another .....

Shri. Rajdeep D. Raut, AGP for the Appellant / State. Shri. P. S. Chavan, Advocate for Respondent No. 1 Shri. S. G. Sangle, Advocate for Respondent No.2 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : APRIL 21, 2025 PER COURT :- .

These are the Appeals preferred by the State. First Appeal No.3190 of 2017 is against the Judgment and Award passed in LAR

No.107/2000, First Appeal No.3191 of 2017 is against the Judgment and Award in LAR No.108 of 2000 and First Appeal No.3192 of 2017 is against the Judgment and Award in LAR No.102/2000. All the said LARs are decided by the common Judgment and Award dated 12.04.2012 passed by the learned 2nd Jt. Civil Judge, Senior Division, Osmanabad.

2.

It is submitted by the learned AGP for the State that the State Government has taken policy decision and issued Government Resolution (for short, 'G.R.') dated 03.11.2016 and its Corrigendum dated 23.02.2017, wherein it is decided not to prefer the Appeal wherein the compensation enhanced by the learned Reference Court is up to four (4) times the compensation awarded by the Special Land Acquisition Officer (in short, 'SLAO'). He submits that in these Appeals, the compensation awarded by the SLAO was @ Rs.269/- Per Are and the learned Reference Court enhanced it @ Rs.825/- Per Are which comes within four (4) times. He submits that the Appeals can be disposed off in light of the above referred GR's.

3.

The learned Advocate for the Acquiring Body and the learned Advocate for the Orig. Claimants are present. 4.

There is no dispute that this Court has disposed off several Appeals which were covered under the aforesaid GR and Corrigendum

to the said GR. According to the learned AGP, the compensation enhanced by the learned Reference Court is within four (4) times the compensation awarded by the SLAO. Hence, these Appeals are disposed off in view of the GR dated 03.11.2016 and Corrigendum to the said GR dated 23.02.2017.

5.

The Record and Proceedings be sent back to the learned Reference Court.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 24/04/2025 09:50:55