The State Of Mah vs Raghunath Narba Jadhav L.Rs. ...
2021 Latest Caselaw 6137 Bom

                                               1                           941-FA-2256-10.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          FIRST APPEAL NO. 2256 OF 2010

                        STATE OF MAHARASHTRA
                                VERSUS
                    ASHABAI SHANKARRAO CHAVAN
                                    ...
                   AGP for Appellant : Mr. S.S. Dande
           Advocate for Respondent-Claimant :Mr. S.S. Thombre
                                   ....
                     FIRST APPEAL NO. 2258 OF 2010

                       STATE OF MAHARASHTRA
                                VERSUS
          RAGHUNATH NARBA JADHAV (DIED) THROUGH L.RS.
         JAYWANT S/O RAGHUNATHRAO JADHAV AND OTHERS
                                    ...
                   AGP for Appellant : Mr. S.S. Dande
        Advocate for Respondents No. 1, 3 & 4 :Mr. S.S. Thombre
          Advocate for Respondent No. 2 :Mr. Bhagwan R Sable
                                   ....
                                        CORAM : ANIL S. KILOR, J.

                                                   DATE      :     6th APRIL, 2021
PER COURT :-

1. The challenge raised in the present appeals is to the

Judgment and Award dated 23-02-2004, passed by 3 rd Ad-hoc

Additional District Judge, Ambajogai, District Beed, in Land

Acquisition Reference Nos. 175 and 174 of 1999 thereby granting

compensation @ Rs. 850/- per R for the lands acquired.

2. I heard learned counsel for respective parties.

3. The lands in question were acquired for construction of

percolation tank. The Land Acquisition Officer awarded

2 941-FA-2256-10.odt

compensation to the acquired lands @ Rs.245/- per R and

Rs.250/- per R and the said amount was enhanced to Rs.850/-

per R.

4. The State Government has issued Government Resolution

dated 03-11-2016, issuing guidelines in the matter of Land

Acquisition Reference/s and it has been decided that where amount

granted by Reference Court is within four times of the amount

awarded by the Land Acquisition Officer, the appeal/s in such a

matter/s shall not be filed and as regards pending matters, those

may be settled if the above condition is fulfilled.

5. In that view of the matter, because the amount awarded by

the Reference Court in these matters is below four times of the

Award by the Land Acquisition Officer under award, the appeals are

disposed of in view of Government Resolution dated 03-11-2016.

No order as to costs. The stay granted by this Court to the

execution proceeding stands vacated.

( ANIL S. KILOR ) JUDGE

mtk