The State Of Maharashtra And Another v. Shantaram Laxman Patil (Died) Thr Lrs Bhikubai And ORS

2025:BHC-AUG:24893 1 29-CA 5621-2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5621 OF 2013 IN FAST/4394/2013 The State Of Maharashtra And Another .. Applicants

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Shantaram Laxman Patil And Another .. Respondents WITH CIVIL APPLICATION NO. 5622 OF 2013 IN FAST/4394/2013 The State Of Maharashtra And Another .. Applicants

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Shantaram Laxman Patil And Another .. Respondents WITH CIVIL APPLICATION NO. 15407 OF 2017 IN FAST/4394/2013 The State Of Maharashtra And Another .. Applicants

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Shantaram Laxman Patil (died) Through L.Rs. Bhikubai And Others .. Respondents WITH FIRST APPEAL (STAMP) NO. 4394 OF 2013 The State Of Maharashtra And Another .. Appellants

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Shantaram Laxman Patil And Another .. Respondents

2 29-CA 5621-2013.odt Mr. R. B. Dhaware, AGP for the Applicants/appellants. Smt. Shilpa D. Magre, Advocate h/f Mr. Vijay B. Patil, Advocate for Respondent Nos. 1A to 1G.

CORAM : KISHORE C. SANT, J.

DATE : 15th SEPTEMBER, 2025.

PER COURT :- CIVIL APPLICATION FOR CONDONATION OF DELAY :

1.

Heard learned A.G.P. and learned advocate for respondent No. 1A to 1G.

2.

None appears for respondent No. 2 in spite of service. 3.

For the reasons stated in the application, delay of 1368 days caused in filing the first appeal stands condoned. The application is allowed. Officer to register first appeal. FIRST APPEAL :

1.

This appeal challenges judgment and award dated 05.01.2009 passed by the learned Ad-hoc District Judge - 1, Amalner, District Jalgaon in L.A.R. No. 198/1993. The respondents/claimants have filed reference seeking enhancement in the amount of compensation awarded by learned S.L.A.O. The land admeasuring 10 R was acquired for Hatnur Dam Project. The learned S.L.A.O. granted compensation at the rate of

3 29-CA 5621-2013.odt Rs. 528/- per R. The total amount is of Rs. 5280/-. The same is enhanced to Rs. 7500/- for the entire land i.e. at the rate of Rs. 750/- per R.

2.

The Government of Maharashtra has taken a policy decision by way of Government Resolution dated 03.11.2016 and Corrigendum dated 23.02.2017 not to file appeals where the amount of compensation enhanced is less than four times of the amount awarded by learned S.L.A.O. It is further stated in the said policy decision that, if the appeals are preferred, the same be withdrawn or place for settlement.

3.

This Court thus finds that, keeping the first appeal pending will be not in the interest of any of the parties. Considering the above, first appeal stands dismissed.

4.

In view of dismissal of the first appeal, nothing survives in the civil application for stay and civil application for bringing on record legal heirs. The said civil applications also stand disposed of.

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