The State Of Maharashtra, Thr. The Collector, The Special Land Acquisition Officer, Nashik And ANR. v. Shri. Bhaurao Nathu Chowdhary

1 906-FA(ST)8336-2021-modified.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.8336 OF 2021 WITH INTERIM APPLICATION NO.6780 OF 2024 WITH INTERIM APPLICATION NO.6781 OF 2024 The State of Maharashtra ... Appellant/Applicant V/s.

Shri. Bhaurao Nathu Chowdhary ... Respondent ----- Mr. A. R. Patil, Add, GP for Applicants/Appellants-State. ----- CORAM :

ARIF S. DOCTOR, J.

th DECEMBER 2024 DATE :

P.C. :

INTERIM APPLICATION NO.6780 OF 2024:

1.

The Interim Application seeks condonation of delay in filing of the captioned First Appeal. Having regard to the averments made in the Interim Application, the delay is condoned as prayed for in terms of prayer clause (b) of the Interim Application.

2.

The Interim Application is disposed of.

3.

In view of the above, the First Appeal is taken up for hearing. FIRST APPEAL (ST) NO.8336 OF 2021:

4.

The captioned First Appeal challenges the enhancement of compensation, This order is modified/corrected pursuant to Order dated 3 rd January 2025.

Ajit

2 906-FA(ST)8336-2021-modified.doc which has been granted to the Respondent. Since it is observed that the enhanced amount is very meagre, this Court is not inclined to interfere with the impugned Order.

5.

Hence, the First Appeal is accordingly dismissed. 6.

It is made clear that the Court has not disposed of or decided this First appeal on merits. Hence, the dismissal of this First Appeal shall not have bearing on any other First Appeals and thus the First Appeal is disposed of. Keeping in mind the peculiar facts and circumstances of the present case, this Order shall not be treated as precedent in other place of challenged to compensation/enhancement.

7.

Needless to state that the Respondents shall always be at liberty to make an application for withdrawal of the compensation amount. 8.

In view of dismissal of the First Appeal, pending Applications, if any, shall stand disposed of.

(ARIF S. DOCTOR, J.) This order is modified/corrected pursuant to Order dated 3 rd January 2025.

Ajit