Bombay High CourtFA/1023/2008dismissedrule discharged

The Ex.Engineer,Uppar Painganga Project,Yawatmal v. Santosh S/O Bhagwan Kadam And Anor.

2020-01-03Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

FA 1010.08

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.1010 OF 2008 (The Executive Engineer, Yavatmal Vs. Pramod s/o Deoba Wathore, Yavatmal & Ors.) WITH FIRST APPEAL NO.1011 OF 2008 (The Executive Engineer, Yavatmal Vs. Sanjay s/o Deoba Wathore, Yavatmal & Ors.) WITH FIRST APPEAL NO.1029 OF 2008 (The Executive Engineer, Yavatmal Vs. Sudarshan s/o Deoba Wathore, Yavatmal & Ors.) WITH FIRST APPEAL NO.1021 OF 2008 (The Executive Engineer, Yavatmal Vs. Datta s/o Maruti Shinde, Yavatmal & Ors.) WITH FIRST APPEAL NO.1023 OF 2008 (The Executive Engineer, Yavatmal Vs. Santosh s/o Bhagwan Kadam, Yavatmal & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri M.R.Johrapurkar, Advocate for the appellant. Ms.H.N.Jaipurkar, A.G.P. for respondent Nos.2 and 3 in First Appeal Nos.1010/2008, 1011/2008, 1021/2008 and 1029/2008 and for respondent No.2 in First Appeal No.1023/2008.

CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 03, 2020.

First Appeal Nos.1010/2008, 1011/2008 and 1029/2008 have been preferred by the acquiring body challenging the common judgment of the Reference Court in L.A.C.Nos.756/2002, 755/2002 and 754/2002 and First Appeal Nos.1021/2008 and 1023/2008 have been preferred by the acquiring body challenging the common judgment of the Reference Court in L.A.C.Nos.143/2000 and 132/2000.

FA 1010.08 Shri M.R.Johrapurkar, learned counsel for the appellant, on instructions, submits that since the amount of compensation as enhanced by the Reference Court is lessor than four times the amount of compensation as awarded by the Land Acquisition Officer, the appeals are liable to the disposed of in the light of the policy of the State Government dated 13/08/2018 made applicable to the Corporation. In that view of the matter, as it is found that the amount of enhancement is within four times the amount of compensation as awarded by the Land Acquisition Officer, in the light of the said policy of the State Government, the appeals need not be adjudicated on merits. Hence, by confirming the judgment of the Reference Court, the First Appeals are dismissed with no order as to costs.

The claimants are at liberty to withdraw the amount of compensation with accrued interest. JUDGE Sumit