Bombay High CourtCAF/168/2015ca disposed off

State Of Maharashtra Through Collector, Yavatmal And 2 Others v. Moreshwar Ganpatrao Thakre (Dead) Through Lrs, Smt. Meerabai W/O Moreshwar Thakre

2016-06-14Hon'Ble Shri Justice P.B. Varale2 pages

1 caf168-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION F No. 168 OF 2015 IN FIRST APPEAL St. No.21889 OF 2014 State of Mah. Through Collelctor, Yavatmal & Ors. ..VS..

moreshwar Ganpatrao Thakre (dead) thr. LRs Smt. Meerabai wd/o moreshwar Thakre and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Temkbhare, Assistant Govt. Pleader for applicant. CORAM : PRASANNA B. VARALE, J.

DATED : 14 th J UNE , 2016.

Heard learned Assistant Govt. Pleader for the applicant/appellant Though the respondents are served, none appears for the respondents. Learned AGP submits that the delay caused in filing the appeal is due to procedural difficulties and also in delay in receiving the relevant documents in time.

In view of the the submissions made and for the reasons stated in the application, the application is allowed. Delay is condoned.

CAF 169/2015 Heard learned AGP for the appellant.

Issue notice, returnable after two weeks.

It is the submission of the learned AGP that while awarding the compensation the learned Reference Court failed to appreciate the material placed on record namely, the sale instances at the backdrop of the fact that whether there was a compatibility between those two lands to accept the

2 caf168-15 rate referred in the sale instance. Thus, the learned AGP submits that the learned Reference Court erred in awarding the compensation @ Rs. 3,500/- per square meter. Learned AGP prays for interim orders.

Ad-interim stay subject to the appellant State deposits entire decretal amount of the compensation within eight weeks in this Court.

JUDGE Hirekhan