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  5. April

The State of Maharashtra vs. Shripat Ganpat More and Ors.

Decided on 30 April 2024• Citation: FA/1243/2002• Bombay High Court
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                (2)-FA-1243-02.doc.                                               
                       IN THE HIGH COURT OF JUDICATURE  AT BOMBAY                 
                              CIVIL APPELLATE JURISDICTION                        
      Digitally                                                                   
      signed by                                                                   
      BALAJI                  FIRST APPEAL NO.1243 OF 2002                        
  BALAJI GOVINDRAO                                                                
  GOVINDRAO PANCHAL                                                               
  PANCHAL Date:                                                                   
      2024.05.06                                                                  
      12:24:12                                                                    
      +0530                                                                       
                The State of Maharashtra                    ..Appellant           
                     Versus                                                       
                Shripat Ganpat More & Ors.                  ..Respondents         
                Mr. A. R. Patil, AGP for the Appellant/State.                     
                                        CORAM  : KISHORE C. SANT, J.              
                                                  th                              
                                          DATE : 30 APRIL, 2024                   
                P.C.                                                              
                1.       The  above First Appeal arises from the judgment and     
                                                              th                  
                award dated 03/04/2001  passed by the learned 7 Joint Civil       
                Judge, Senior Division, Pune, in Land Reference No.21 of 1998 .The
                land was acquired for Pimpalgaon Joma Dam project. The Special    
                Land Acquisition officer, while passing award u/s. 11 of the Land 
                Acquisition Act, awarded Rs.37,289/- as a compensation to the     
                claimant. The Reference Court while deciding the Reference,       
                awarded Rs.74,578/- 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.                                                       
                                                                  1 o 2           
                BGP.                                                f             

                (2)-FA-1243-02.doc.                                               
                2.       Since the above case is covered by the above mentioned   
                notifications, learned AGP seeks liberty to withdraw the above    
                Appeal. The  above Appeal  therefore 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.]           
                                                                  2 o 2           
                BGP.                                                f