Laxman Mahadev Telang, Died Thr. ... vs The State Of Mah And Anr
2022 Latest Caselaw 4902 Bom

                                            1
                                                                        573.13FA+

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                     908 FIRST APPEAL NO.573 OF 2013
                 WITH CIVIL APPLICATION NO.6088 OF 2013
                     IN FIRST APPEAL NO.1293 OF 2013
              WITH FIRST APPEAL NO.1294 OF 2013 WITH CIVIL
               APPLICATION NO.6087 OF 2013 IN FIRST APPEAL
           NO.1292 OF 2013 WITH FIRST APPEAL NO.1292 OF 2013
              WITH FIRST APPEAL NO.1293 OF 2013 WITH FIRST
           APPEAL NO.575 OF 2013 WITH FIRST APPEAL NO.576 OF
            2013 WITH FIRST APPEAL NO.577 OF 2013 WITH FIRST
              APPEAL NO.574 OF 2013 WITH CIVIL APPLICATION
             NO.6089 OF 2013 IN FIRST APPEAL NO.1294 OF 2013

               LAXMAN MAHADEV TELANGE, DIED THROUGH L.Rs.
                             PADMINBAI & OTHERS
                                     VERSUS
                  THE STATE OF MAHARASHTRA & ANOTHER
                                        ...
                  Advocate for the appellants : Mr.G.K.Sontakke
                    AGP for Respondent-State : Mr.S.G.Sangle
                  Advocate for Respondent No.2 : Mr.S.S.Dande
                                        ...

                                CORAM : RAVINDRA V. GHUGE &
                                        S.G.DIGE, JJ.

DATE : 06.05.2022 P.C. :

1. The judgment of the learned Single Judge,

Bench at Nagpur, dated 31st January, 2019 in First Appeal

No.181/2007 filed by the Maharashtra Industrial

Development Corporation Vs. Babanrao Maroti Belurkar

573.13FA+

and others, is brought to our notice. The learned Single

Judge has framed the issues in paragraph No. 5 and has

concluded that though Government Resolution dated

03.11.2016 restrains the State from filing a First Appeal if

the enhancement in compensation in acquisition matters is

four times or less, and also enables the State / Authorities

to withdraw the Appeals if the enhancement is four times or

less, this Court cannot compel a litigant to withdraw the

appeal in the light of the said Government Resolution.

2. The learned Advocate representing the MIDC

submits that, these are sample cases wherein there was no

material at all for the L.A.R. Court to enhance the

compensation, muchless enhance it, up to four times of the

compensation granted by the S.L.A.O. He is under specific

instructions to work out these appeals preferred by the

acquiring body, on it's merits.

3. An order dated 4th October, 2013 passed in Civil

Applications in these Appeals by the claimants MIDC, is

brought to our notice, wherein this Court has granted ad-

573.13FA+

interim stay to the execution of awards on the condition of

depositing entire amounts granted by the award, together

with interest, within eight weeks.

4. Shri Dande, the learned Advocate submits that

he would take instructions in these Appeals and make a

statement on the next date.

5. List these Appeals along with the Civil

Applications on 10th June, 2022.

[S.G.DIGE, J.] [RAVINDRA V. GHUGE, J.]

DDC