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2026 DAILYLAW 19444 (BOM)

THE STATE OF MAHARASHTRA v. MARUTI UJMA ALHAT, DIED DHONDIRAM AND OTHERS

CA/8747/2013 · 2026-10-06

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Judgment text

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321-CA-8747-13.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 321 CIVIL APPLICATION NO. 8747 OF 2013 IN FAST/6864/2013 The State Of Maharashtra VERSUS Maruti Ujma Alhat, Died Dhondiram And Others …… Mr. B.A. Shinde, AGP for Appellant-State …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 06 OCTOBER, 2026 PER COURT : ORDER IN CIVIL APPLICATION NO.8747 OF 2013 : 1. The present Civil Application is filed by the State for condonation of 1105 days delay caused in filing the First Appeal. 2. For the reasons stated in the application, the Civil Application deserves to be allowed. The Civil Application is allowed. The delay of 1107 days caused in preferring the First Appeal stand condoned. ORDER IN FIRST APPEALS (STAMP) NO. 6864 OF 2013: 3. Heard the learned counsel for the Appellant/State. 4. By this appeal, the Appellant-State assail the impugned Judgment and award dated 20.07.2009 passed by the learned 2nd Joint Civil Judge, Senior Division, Ahmednagar, in L.A.R. No. 136 of 1998. 5. Learned AGP for the appellant-State submits that the compensation enhanced by the learned Reference Court does not exceed four times the amount awarded by the Land Acquisition Officer. 2026:BHC-AUG:47232 321-CA-8747-13.odt 2 6. In view of the aforesaid submissions and having regard to the policy decision of the State Government contained in Government Resolution No. Sankirna-2014 / Prak.Kra.4 / Bham-1 /A-4 dated 03.11.2016 with Corrigendum dated 23.02.2017 and 13.08.2018 to the said Government Resolution, took a decision not to challenge the reference, if compensation is enhanced only upto four times. 7. Therefore, I do not find any reason to intervene with the impugned order. Hence, the present Appeal is dismissed. 8. The Claimant is at liberty to withdraw the amount deposited by the State/acquiring body before the learned Reference Court, if any. 9. In view of dismissal of the Appeal, pending Civil Applications, if any, do not survive and are disposed of accordingly. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane