Judgment · High Court · 2024
Case at a glance
Outcome
Dismissed
compensation granted is also meager the appeal is dismissed
Key paragraphs
- Para 44. In the instant case the lands of the claimants were acquired in the year 1985. 12-R land of the claimants was acquired and compensation granted by the SLAO to the claimants was @ Rs. 780/- for 12-R i.e. 65-per R. Said compensation by reference…
Judgment
Mr. V. M. Chate, AGP for the applicant/State CORAM : ARUN R. PEDNEKER, J. DATE : 27th FEBRUARY, 2024 P. C.
Heard learned counsel for the parties. Present appeal is filed alongwith an application for condonation of delay of 1160 days.
In this matter steps are yet to be taken to bring on record the legal heirs. However, non bringing of legal heirs on record may not effect on the proposed order. 1 of 3 (2) 939ca4519.14
Operative part
In the instant case the lands of the claimants were acquired in the year 1985. 12-R land of the claimants was acquired and compensation granted by the SLAO to the claimants was @ Rs. 780/- for 12-R i.e. 65-per R. Said compensation by reference court is enhanced to Rs.3000/- for 12-R i.e. 250-per R. By Government Notification dated 03-11- 2016 and 23-02-2017 the government has come up with the policy that in the event there is enhancement of more than two times by the reference court from the award granted by the SLAO in the urban areas and four times in the rural areas, the State would not file an appeal against the order of the reference court. In the instant case the acquisition is of rural area and enhancement is not more than four times by the reference court. Above said Government Resolution dated 03-11-2016 and 23- 02-2017 are also applicable to the pending appeals. In view of the same, since enhancement is not more than four times and compensation granted is also meager the appeal is dismissed relying upon the government resolutions dated 03-11-2016 and 2 of 3 (3) 939ca4519.14 23-02-2017.
In view of dismissal of the appeal, pending civil applications, if any do not survive and stand disposed off. [ARUN R. PEDNEKER, J.] VishalK/939ca4519.14 3 of 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: compensation granted is also meager the appeal is dismissed
Which court decided this case, and when?
Bombay High Court, on 27 Feb 2024. The bench was ARUN R PEDNEKER.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.