The Executive Engineer. v. Kailash Sambharao Chavan
223-FA-502-08,253-09,886-08 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.502 OF 2008 The Executive Engineer, Upper Painganga Project, Yavatmal -vsHanwantrao s/o Madhavrao Chavan and ors.
WITH FIRST APPEAL NO.253 OF 2009 The Executive Engineer, Upper Painganga Project, Yavatmal -vsKailash s/o Sambharao Chauhan and ors.
WITH FIRST APPEAL NO.886 OF 2008 The Executive Engineer, Upper Painganga Project, Yavatmal -vsSambha Dhondba Hatmade (deceased) Thr. LR Baban Sambha Hatmode and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
Shri M. R. Johrapurkar, Advocate for appellants. Shri A. V. Palshikar, Assistant Government Pleader for respondent/State.
CORAM : A.S.CHANDURKAR, J.
DATE : June 27, 2019 These appeals have been preferred by the acquiring body challenging the common judgment of the Reference Court in L.A.C. Nos.118/1998, 116/1998 and 114/2002.
Shri M. R. Johrapurkar, learned counsel for the appellants 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 be disposed of in the light of the policy of the
223-FA-502-08,253-09,886-08 2/2 State Government dated 13/08/2018 made applicable to the Corporation.
2.
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 Asmita