The State Of Maharashtra v. Shri Appasaheb Annasaheb Patil And ORS.

(5)-FA-477-03.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.03.22 12:36:34 +0530 CIVIL APPELLATE JURISDICTION BALAJI GOVINDRAO PANCHAL FIRST APPEAL NO.477 OF 2003 The State of Maharashtra ..Appellant

Versus

Shri. Annasaheb Tatya Patil Since deceased through legal heirs Shri. Appasaheb Annasaheb Patil & Ors.

..Respondents Mr. A. R. Patil, AGP for the Appellant/State. Mr. Devendra D. Pawar i/by Tejpal Ingale, for Respondent Nos.1(a) to 1(d).

CORAM : KISHORE C. SANT, J.

DATE : 11th MARCH, 2024 P.C.

1.

This Appeal is arising out of judgment and order dated 28.12.1993 passed by 2nd Joint Civil Judge, Senior Division, Sangli in LAR No.25 of 1988. Learned SLAO had awarded compensation of Rs.3840/-. Learned Reference Court enhanced the compensation amount to Rs.10,108.80/-.

2.

Considering that the amount of enhancement is less than 4 times of the rate granted by the SLAO, in view of the GR dated 3rd November, 2016 and 11th May, 2018, it is submitted that the Appeal can be disposed of.

3.

By GR dated 3rd November, 2016 bearing No.SankirnBGP.

(5)-FA-477-03.doc.

2014/P.K.41/part-1/A-4 the government decided not to file Appeals where the amount of compensation is enhanced for less than 4 times. By GR dated 11th May, 2018 corrigendum came to be issued with some modifications. It is also stated that where Appeals are already preferred, such Appeals be placed before Lok Adalat for compromise. It is thus clear that the Government has taken a policy decision not to prosecute such Appeals.

4.

This Court finds that the present case is covered by both the GRs. In view of the policy of the government, the Appeal stands disposed of. Impugned judgment and award is confirmed. No order as to costs.

5.

Interim Application, if any, stands disposed of. [KISHORE C. SANT, J.] BGP.