State appealed against enhancement of land acquisition compensation from Rs.14,000 to Rs.20,000 per hectare. Citing Government Resolutions of 2016 and 2017 under which the State does not challenge awards where the rural increase is within four times, the court dismissed the appeal.
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2024:BHC-AUG:1035
1
1012.03FA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
1000. FIRST APPEAL NO.1012 OF 2003
1]The State of Maharashtra,
through Dist. Collector, Nanded.
2]The SLAO, U.P.No.1,
Nanded. .. APPELLANTS
VERSUS
1]Tarachand s/o. Gama Rathod,
age 25 yrs, Occu. Agriculture,
R/o. Village Dayal Dhanora,
Tq. Kinwat, Dist. Nanded.
2]Shivram s/o. Gama Rathod,
age 22 yrs, Occu. Agriculture,
R/o. Village Dayal Dhanora,
Tq. Kinwat, Dist. Nanded.
3]Chandra s/o. Gama Rathod,
age 20 yrs, Occu. Agriculture,
r/o. Village Dayal Dhanora,
Tq. Kinwat, Dist. Nanded. .. RESPONDENTS
…
Mrs.P.R.Bharaswadkar, AGP for the appellants – State
…
CORAM :ARUN R. PEDNEKER, J.
DATE :12.01.2024
ORDER :
1]The learned AGP for the appellants – State has
placed on record copies of the Government Resolution
2
1012.03FA
dated 3rd November, 2016 and 23rd February, 2017. The
learned AGP submits that in the instant case the Special
Land Acquisition Officer has granted compensation @
Rs.14,000/- per hector and the Reference Court has
enhanced to Rs.20,000/- per hector and total increase
towards amount of Rs.75,213/-. The learned AGP submits
that the aforesaid Government Resolutions are made
applicable in the pending cases also.
2]In the aforesaid Government Resolutions, the
State has taken a policy decision not to challenge the award
wherein the increase in compensation is not more than two
times in the city / urban area and not more than four times
in the rural areas. The present matter is covered within
aforesaid Government Resolutions.
3]In view of the same, the present First Appeal is
dismissed applying the aforesaid Government Resolutions.
DDC
[ARUN R. PEDNEKER]
JUDGE
1 issue framed by the court
Whether the State's first appeal against enhancement of land acquisition compensation could be maintained given the Government Resolutions limiting challenges?
The State of Maharashtra, through Dist. Collector, Nanded
The SLAO, U.P.No.1, Nanded
Tarachand s/o. Gama Rathod
Shivram s/o. Gama Rathod
Chandra s/o. Gama Rathod
Arun R. Pedneker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court