Bombay High Court
The State Of Maharashtra And Anr vs Balbhim Tulshiram Kendre on 18 September, 2025
2025:BHC-AUG:25195
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
13 CIVIL APPLICATION NO. 6123 OF 2010
IN FAST/8986/2010
THE STATE OF MAHARASHTRA AND ANR
VERSUS
GUNWANT NARAYAN KEDAR AND ANR
WITH
CIVIL APPLICATION NO. 6122 OF 2010 IN FAST/9085/2010
THE STATE OF MAHARASHTRA AND ANR
VERSUS
PADMINBAI TUKARAM KENDRE AND ORS
WITH
CIVIL APPLICATION NO. 6113 OF 2010 IN FAST/9113/2010
THE STATE OF MAHARASHTRA AND ANR
VERSUS
BALAJI TUKARAM KENDRE
WITH
CIVIL APPLICATION NO. 6114 OF 2010 IN FAST/9113/2010
THE STATE OF MAHARASHTRA AND ANR
VERSUS
BALAJI TUKARAM KENDRE
WITH
CIVIL APPLICATION NO. 6121 OF 2010 IN FAST/9085/2010
THE STATE OF MAHARASHTRA AND ANR
VERSUS
PADMINBAI TUKARAM KENDRE AND ORS
WITH
CIVIL APPLICATION NO. 6124 OF 2010 IN FAST/8986/2010
THE STATE OF MAHARASHTRA AND ANR
VERSUS
GUNWANT NARAYAN KEDAR AND ANR
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Mr. R.B. Dhaware, AGP for the applicant-appellant/State.
Mr. H.B. Nandagavale h/f. Mr. V.G. Sakolkar, Advocate for the
respondents.
CORAM : KISHORE C. SANT, J.
DATE : 18.09.2025
PC :-
CIVIL APPLICATIONS FOR CONDONATION OF DELAY
01. These applications are for condonation of delay of 667 days
caused in filing the first appeals by the Government, challenging a
common judgment and award dated 16.02.2008 passed by learned Civil
Judge, Senior Division, Ahmedpur in the respective land acquisition
references filed by the respondents - claimants.
02. For the reasons stated in the application, the delay stands
condoned. The applications are allowed. Office to register the first
appeals.
FIRST APPEALS
01. Heard learned AGP for the appellant/State and learned
Advocate Mr.Nandagavale h/f. Mr. Sakolkar, Advocate for the
respondents.
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02. All these appeals are arising out of a common judgment and
order dated 16.02.2008 passed by the learned Civil Judge, Senior
Division, Ahmedpur in respective land acquisition references as given in
the chart below :-
Sr FA No. LAR No. Name of Parties Land SLAO Ref. Court
No Acquired Rate Rate
1 FAST NO. 137/05 State of Maharashtra Sy. No. Rs.610/- per Rs.
8986/10 Vs. 204 R for Class I 3000/-
Gunwant Narayan H 37R Rs. 695/- per per R.
Kedar R for Class II
2 FAST NO. 142/05 State of Maharashtra Sy. No. Rs.610/- per Rs.
9085/10 Vs. 208, R for Class I 3000/-
Padminbai Tukaram 213 Rs. 695/- per per R.
Kendre 0H 22R R for Class II
3 FAST NO. 143/05 State of Maharashtra Sy. No. Rs.610/- per Rs.
9104/10 Vs. 206 R for Class I 3000/-
Arjun Tulshiram 0H 26R Rs. 695/- per per R.
Kendre R for Class II
4 FAST NO. 145/05 State of Maharashtra Sy. No. Rs.610/- per Rs.
9110/10 Vs. 206 R for Class I 3000/-
Balbhim Tulshiram 0H 36R Rs. 695/- per per R.
Kendre R for Class II
5 FAST NO. 146/05 State of Maharashtra Sy. No. Rs.610/- per Rs.
9113/10 Vs. 212 R for Class I 3000/-
Balaji Tukaram Kendre 0H 11R Rs. 695/- per per R.
R for Class II
6 FAST NO. 148/05 State of Maharashtra Sy. No. Rs.610/- per Rs.
9129/10 Vs. 207 R for Class I 3000/-
Sangram Bhiraji 0H 45R Rs. 695/- per per R.
Kendre R for Class II
03. The land of the claimants came to be acquired for percolation
tank No.2 of village Boongaon, Tal. Jalkot, Dist. Latur. The land acquired
is less than 1 acre. The maximum land acquired is of Gunwant Narayan
Kedar in First Appeal St. No. 8986 of 2010.
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04. The Government issued Notification under section 4 of the
Land Acquisition Act on 25.07.2002. The award came to be passed on
24.09.2003. In the award the learned Special Land Acquisition Act
(SLAO) awarded compensation @ Rs. 610/- per R for Class I land Rs.
695/- per R for Class II land. The learned Reference Court by way of
impugned judgment and award flatly granted rate of Rs. 3000/- per R to
the lands. The learned AGP vehemently argued that the learned
Reference Court has erred in granting enhancement in the amount of
compensation. The SLAO had rightly awarded rate by considering
market value, position of land etc. The learned Reference Court,
however, wrongly relied on the evidence of the claimants, which was led
in common in LAR No. 137 of 2005. This Court cannot go through
evidence on record and the reasoning of the Court. This Court does not
find that any illegality is committed by the Reference Court. He has
considered the evidence of CW-1 claimant in LAR No. 63 of 2006 at Exh.
18, CW-2 Barmaji Exh. 19 and CW-3 Raju Exh.20. The Reference Court
has rightly appreciated the evidence.
05. This Court does not find any illegality in the judgment and
award. The parties have rightly proved sale-deed at Exh.25, wherein 30
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R land was purchased from adjoining village for consideration of Rs.
1,30,000/-, which comes to Rs. 4333/- per R. Thus the Reference Court
has rightly granted rate as the lands were Jirayat land. This Court is not
impressed by the arguments of learned AGP. This Court finds substance
in the arguments of the respondents. This Court does not find any
reason to set aside the impugned judgment and award. It is informed
that the decree is satisfied long back. Meager amount of compensation
is also one of the factors for which this Court finds that the appeals
deserve to be dismissed.
06. All these appeals, therefore, stands dismissed with no order
as to costs. Pending Civil Applications for stay also stand disposed off.
[KISHORE C. SANT, J.]
snk/2025/Sep25/ca6123.10
