The State Of Maharashtra And Another v. Bajaba Yeshwant Khodade (Died) Thr Lrs. Bhausaheb Bajaba Khodade And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 973 CIVIL APPLICATION NO. 14418 OF 2023 IN FAST/30539/2012 WITH FAST/30539/2012 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

BAJABA YESHWANT KHODADE (DIED) THR LRS. BHAUSAHEB BAJABA KHODADE AND ORS ...

AGP for Applicants : Mr. K.N.Lokhande ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : August 28, 2024 PER COURT :- 1.

The learned AGP for the State submits that in the application name of respondent No. 1-D differs from the name shown in the death certificate. The learned AGP therefore seeks permission to rectify the name of respondent No. 1-D in the application.

2.

Permission is granted to rectify the name of respondent No.1-D. Correction be carried out forthwith.

3.

For the reasons stated in the application, the application filed for bringing on record legal heirs of deceased respondent is allowed by condoning the delay of 4028 days caused in filing the application. Appeal is restored to it's original position.

4.

The present appeal arises out of LAR No. 178/1992. The SLAO has granted compensation of Rs.3400/- which was enhanced by the Reference Court to Rs.13,974/-. The compensation enhanced is meager. As such, this Court will not interfere in the impugned judgment and award. Hence, the first appeal stands dismissed. However, it is made clear that the order passed in this appeal is not on the merits and would not apply to any other appeal, if any, pending in this court arising out the same acquisition proceedings.

( ARUN R. PEDNEKER, J. ) ssc/