The Ex. Engineer, G.M.I.D.C., Aurangabad Thr Minor Irrigation Div. Jalna v. Dilip Tukaram Wagh And ORS

1023-FA-987-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 987 OF 2021 AND CIVIL APPLICATION/14128/2019 IN FIRST APPEAL/987/2021 The Executive Director, G.M.I.D.C., Aurangabad ..APPELLANT

VERSUS

Radhabai Shivaji Wagh and Others ..RESPONDENTS AND FIRST APPEAL NO. 1039 OF 2021 The Executive Director, G.M.I.D.C., Aurangabad ..APPELLANT

VERSUS

Dilip Tukaram Wagh and Others ..RESPONDENTS ....

Mr. G.N. Patil, Advocate for appellant Mr. R.K. Shingnapure, Advocate for respondent no.1 Mr. A.B. Chate, A.G.P. for respondent nos. 2 and 3 in FA/987/2021 Mr. S.N. Kendre, A.G.P. for respondent nos. 2 and 3 in FA/1039/2021 ....

CORAM : R.G. AVACHAT, J.

DATED : 13th OCTOBER, 2021 PER COURT :

1.

Heard.

2.

The acquiring body has preferred these appeals against judgment and award passed by the reference Court enhancing the amount of compensation offered by the Special Land Acquisition Officer ('S.L.A.O.'). 1 / 2

1023-FA-987-21.odt 3.

The enhancement is not more than four times of the amount offered by the S.L.A.O. State Government has formulated a policy, vide Government Resolution dated 03rd November, 2016 read with notification dated 23rd February, 2017, not to prefer appeal in case the enhancement is not more than four times, excluding the amount awarded towards interest. No exceptional case has been made out to entertain the present appeals. I have also gone through the impugned judgment and award to find that no interference exceptional therewith is warranted. 4.

The appeals fail. Same, therefore, stand dismissed. The amount in deposit with this Court be paid to the claimants immediately alongwith interest accrued thereon. Civil application therein stand disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2