THE STATE OF MAHARASHTRA THR THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY PROJECT AND ANRversusSHRI NIVRUTTI GOVINDA CHOWDHARY

                                            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



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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State is liable to be withdrawn.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withdrawn and is accordingly disposed of as withdrawn.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.)




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