Dismissed

Godawari Marathwada Irrigation Development Corporation v. Vitthal Ukandi Adayale and Anr.

Bombay HC2 Feb 2024FA/2088/2010

Case brief

AI extract

What is this about?

The Bombay High Court Bench at Aurangabad, relying on Government Resolutions restricting state appeals on land compensation enhancements, dismissed first appeals in land acquisition matters and disposed of connected civil applications.

What did the court decide?

Petitioners permitted to withdraw deposited amounts and accrued interest.

Godawari Marathwada Irrigation Development Corporation Vs… — Land Acquisition | Bombay HC (2024)

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2024:BHC-AUG:2358

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1 917

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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917 CIVIL APPLICATION NO. 2608 OF 2017

FA/2086/2010 WITH

FA/2086/2010

RAMA DAGDU THORAT L.RS. SHANTABAI RAMA THORAT AND ORS

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VERSUS

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THE STATE OF MAHARASHTRA AND ORS

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Advocate for Applicants / Ori. Claimants : Mr. D. R. Jayabhar AGP for Non-applicants No.1&2/State Authorities: Ms. P. R. Bharaswadkar

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Advocate for Non-applicant No.3 / Appellant : Mrs. Kalpalata Patil - Bharaswadkar

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… WITH

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FIRST APPEAL NO. 2085 OF 2010

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WITH

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FIRST APPEAL NO. 2090 OF 2010

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WITH

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FIRST APPEAL NO. 2093 OF 2010

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WITH

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FIRST APPEAL NO. 2088 OF 2010

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WITH

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FIRST APPEAL NO. 2091 OF 2010

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WITH FIRST APPEAL NO. 2087 OF 2010

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WITH FIRST APPEAL NO. 2089 OF 2010

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WITH

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FIRST APPEAL NO. 2092 OF 2010

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2 917

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CORAM : ARUN R. PEDNEKER, J. DATE : 02^nd FEBRUARY, 2024

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PER COURT:

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Heard.

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Undisputedly, in the instant matters, the SLAO has granted Rs.300/- per Are for the acquired lands. The claim was enhanced by the reference court to Rs.600/- per Are. The Government Resolutions dated 03.11.2016 and 23.02.2017, specifies the conditions, where the Government would not file the appeal against the reference court order. The said Government Resolutions are also applicable to pending matters.

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In terms of the said resolution, the Government has taken a policy decision not to challenge the award where the enhancement is not more than twice in urban areas and 4 times in rural areas. In the instant case, the enhancement is undisputedly not more than twice.

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In view of the same, the above Government Resolution would be applicable to the instant case and the said fact is not disputed by either of the counsel.

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In view of the same, the First Appeals are dismissed. All the pending civil applications are also disposed of.

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3 917

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The applicants are permitted to withdraw the amount as

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well as the accrued interest deposited before the executing court.

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[ARUN R. PEDNEKER, J.]

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marathe

Godawari Marathwada Irrigation Development Corporation v. Vitthal Ukandi Adayale and Anr.

Case brief

What is this about?

What did the court decide?

Godawari Marathwada Irrigation Development Corporation v. Vitthal Ukandi Adayale and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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