Dismissed¶5

The State of Maharashtra v. Dagadu Genu Shinde and Others

Bombay HC27 Feb 2024CA/4519/2014

Case brief

AI extract

What is this about?

State of Maharashtra v Dagadu Genu Shinde; FAST No.5312/2014; Civil Application No.4519 of 2014; Bombay High Court Aurangabad Bench; Arun R. Pedneker J.; decided 27 February 2024; land acquisition compensation enhancement; SLAO award Rs. 780/- per 12-R enhanced to Rs.3000/- per 12-R by reference court; 1985 rural acquisition; Government Notification/Resolution dated 03-11-2016 and 23-02-2017; State policy on appeals against reference court enhancement (two times urban / four times rural); resolutions applicable to pending appeals; State appeal dismissed; condonation of delay 1160 days; pending civil applications disposed.

What did the court decide?

State's appeal dismissed in terms of the government resolutions dated 03-11-2016 and 23-02-2017; pending civil applications, if any, do not survive and stand disposed off. ¶5

The State of Maharashtra Vs Dagadu Genu Shinde and Others — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

State's appeal dismissed in terms of the government resolutions dated 03-11-2016 and 23-02-2017; pending civil applications, if any, do not survive and stand disposed off.

¶5

Issue for consideration

Whether the State's appeal against the reference court's enhancement of land acquisition compensation ought to be dismissed in view of the Government Notifications/Resolutions dated 03-11-2016 and 23-02-2017 governing when the State files appeals against reference-court enhancements.

¶4

Court's answer

The Government Resolutions dated 03-11-2016 and 23-02-2017 are also applicable to pending appeals.

¶4

Ratio / Principle

The acquisition in the instant case is of a rural area and the enhancement by the reference court is not more than four times.

¶4

Key takeaways

Since the enhancement is not more than four times and the compensation granted is meager, the appeal is dismissed relying upon the government resolutions dated 03-11-2016 and 23-02-2017.ratio¶4
Non-bringing of legal heirs on record would not affect the proposed order.obiter¶3

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Arun R. Pedneker, J.), 27-02-2024 — State of Maharashtra v. Dagadu Genu Shinde & Ors., FAST No.5312/2014 with Civil Application No.4519 of 2014: The State's first appeal, filed with an application for condonation of delay of 1160 days, against the reference court's enhancement of compensation for 12-R of land acquired in 1985 (from Rs. 780/- per 12-R, i.e. 65-per R, by the SLAO to Rs.3000/- per 12-R, i.e. 250-per R) was dismissed relying on the Government Notifications/Resolutions dated 03-11-2016 and 23-02-2017. The court held that these resolutions apply equally to pending appeals and, the acquisition being rural and the enhancement not more than four times, with the compensation granted being meager, the appeal deserved dismissal. Pending civil applications were held not to survive and stood disposed off; non-bringing of legal heirs on record was noted as not affecting the order.

¶1

2024:BHC-AUG:4503

¶2

(1)

¶3

939ca4519.14

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FAST NO.5312/2014 WITH 939 CIVIL APPLICATION NO. 4519 OF 2014

¶5

IN FAST/5312/2014

¶6

THE STATE OF MAHARASHTRA

¶7

….Applicant

¶8

VERSUS

¶9

DAGADU GENU SHINDE AND OTHERS

¶10

…..Respondents

¶11

Mr. V. M. Chate, AGP for the applicant/State

¶12

CORAM : ARUN R. PEDNEKER, J. DATE : 27^th FEBRUARY, 2024

¶13

P. C.

¶14

Heard learned counsel for the parties.

¶15

2. Present appeal is filed alongwith an application for

¶16

condonation of delay of 1160 days.

¶17

In this matter steps are yet to be taken to bring on

¶18

record the legal heirs. However, non bringing of legal heirs on

¶19

record may not effect on the proposed order.

1 of 3

939ca4519.14

(2)

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 03-112016 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 2302-2017 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

939ca4519.14

(3)

23-02-2017.