THE STATE OF MAHARASHTRA THR THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY PROJECT AND ANR v. SHRI NIVRUTTI GOVINDA CHOWDHARY
FA/1259/2024 · 2026-09-29
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12722 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12722 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
65-FA-1259-2024 with connected.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1259 OF 2024 The State Of Maharashtra Through The Special Land Acquisition Officer, National Highway Project And Anr … Appellants V/s. Nivrutti Govinda Chowdhary … Respondent WITH CIVIL APPLICATION NO.2555 OF 2018 The State Of Maharashtra Through The Special Land Acquisition Officer, National Highway Project And Anr … Applicants V/s. Nivrutti Govinda Chowdhary … Respondent Mr. A. R. Patil, Addl. GP, for the State – Appellants/Applicants. Mr. Sachin Gite, for the Respondent. CORAM : AMIT BORKAR, J. DATED : SEPTEMBER 29, 2026 P.C.:
1. Learned Additional Government Pleader appearing for the State has placed reliance upon the Government Resolutions dated 3 November 2016, 11 May 2018 and 13 August 2018. Under the said Government Resolutions, the State Government has taken a policy decision that where the compensation enhanced by the Reference Court does not exceed four times the amount awarded 1
65-FA-1259-2024 with connected.doc by the Special Land Acquisition Officer, the first appeal filed by the State is liable to be withdrawn. The learned Additional Government Pleader submits that the present appeal falls within the scope of the said policy decision.
2. Upon perusal of the record and, in particular, the amount of compensation awarded by the Special Land Acquisition Officer and the enhanced amount granted by the Reference Court, it appears that the enhancement in the present case is within four times the amount originally awarded by the Special Land Acquisition Officer. The case, therefore, falls within the parameters prescribed under the aforesaid Government Resolutions.
3. In view of the aforesaid position and the policy decision of the State Government contained in the Government Resolutions referred to hereinabove, the first appeal is permitted to be withdrawn and is accordingly disposed of as withdrawn.
4. The Court fee, if any, paid on the appeal shall be refunded to the appellant in accordance with the applicable Rules.
5. In view of the disposal of the first appeal, all pending interlocutory applications, if any, do not survive and are accordingly disposed of.
(AMIT BORKAR, J.) 2