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Bombay High CourtIA/7036/2024disposed off

The State Of Maharashtra Thr.The Coll.Special Land Acqui.Officer,Cidco Project, Nashik And ANR. v. Shri.Sitaram Hiraji Bahiram

2024-05-08Hon'Ble Shri Justice Kishore C. Sant2 pages

(942)-FAST-20069-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL STAMP NO.20069 OF 2021 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.05.27 16:59:37 +0530 WITH INTERIM APPLICATION NO.7036 OF 2024 BALAJI GOVINDRAO PANCHAL The State of Maharashtra & Anr.

..Appellants

Versus

Shri. Sitaram Hiraji Bahiram ..Respondent Mr. A. R. Patil, AGP for the Appellants/State. CORAM : KISHORE C. SANT, J.

DATE : 8th MAY, 2024 P.C.

1.

The above First Appeal arises from the judgment and award dated 17/01/2018 passed by the learned Civil Judge, Senior Division, Nashik, in Land Reference No.190 of 2010. The land of the claimant was acquired for Ghanoli Right Canal Project. The Special Land Acquisition officer, while passing award u/s. 11 of the Land Acquisition Act, awarded Rs.1,11,659/- as a compensation to the claimant. The Reference Court while deciding the Reference, awarded Rs.1,53,934/- by way of enhancement. The learned AGP submits that the said enhancement is within four times of the compensation awarded by the SLAO while passing award u/s. 11 of the Land Acquisition Act and therefore, the Government Notifications dated 03/11/2016 and dated 13/08/2018 are applicable.

BGP.

(942)-FAST-20069-21.doc.

2.

Since the above case is covered by the above mentioned notifications, learned AGP seeks liberty to withdraw the above Appeal. Liberty granted. The Appeal stands disposed of as withdrawn.

3.

Pending Application, if any, also disposed of. 4.

The Court Fee to be refunded as per the rules. [KISHORE C. SANT, J.] BGP.