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Bombay High Court
The State Of Maha. vs Aba Maruti Gadilkar on 7 January, 2026
2026:BHC-AUG:375
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
905 FIRST APPEAL NO. 686 OF 1994
The State of Maharashtra ...Appellant
Versus
Aba Maroti Gadilkar
Died Through his L.Rs.
1. Dadabhau Abaji Gadilkar,
Age 60 Yrs., R/o Ralegan- Therpal,
Tq. Parner, Dist. Ahmednagar.
2. Babaji Abaji Gadilkar
Died Through his L.R.
2/a Arjun Babaji Gadilkar
Age 30 years, R/o. As above
2/b. Raju Babaji Gadilkar
Died Through his L.R.
2b-a. Alka w/o Rajendra Gadilkar,
Age 27 Years., Occ. Н.Н.,
R/o Malgalli, at post. Kolgaon,
Tal. Shrigonda, Dist. Ahmednagar.
2b-b. Dnyaneshwar Raju Gadilkar,
Age- 5 Years.
2b-c. Rajeshwari Raju Gadilkar,
Age- 3 Years.
2b-b & 2b-c minor U/g. of 2b-a
c- Satish Babaji Gadilkar,
Age- 17 Years, R/o as above
d- Meena Suresh Sinnarkar,
Age-15 Years, R/o as above
e- Mathurabai w/o Babaji Gadilkar,
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Age- 50 Years, R/o as above
(No.(c) & (d) u/g of no. (e)
3. Shivaji s/o Abaji Gadilkar,
Age 53 Years, R/o as above.
4. Shahaji s/o Abaji Gadilkar,
Age 35 Years, R/o as above.
5. Parubai Balu Gaikwad,
Age-51 Years., R/o at and post
Malthan (Mahadeo Vasti)
Tq. Shirur, Dist. Pune.
6. Subdrabai Kisan Jamdade,
Age- 48 Yrs.,
R/o H.No.116, Chandni Koloiwada,
in side of Railway Station
Backside of United Club,
Thane East, Dist. Thane.
7. Pushpa Malibhau Rasal,
Age 45 Years, R/o Morwadi,
Tq. Parner, Dist. Ahmednagar.
8. Latika Suresh Raskar
Died Through his L.R.
8-a . Raju Suresh Raskar,
Age Major, R/o H. No. 4673,
Bhople Galli, Near Kanifnath Mandir,
Maliwadi, Ahmednagar.
9. Mangal Balu Khamkar,
Age 38 Years, R/o Shrigonda,
Tq. Shrigonda, Dist. Ahmednagar.
10. Sunderabai Aba Gadilkar,
Died her L.Rs already brought
on record as Respondent ...Respondents
Nos.1, 2a to 2e, 3 to 7, 8a
...
A.G.P. for Appellant : Mr. D.J. Patil
Advocate for Respondent Nos.8-a : Ms. Gayatri Sonawane h/f Mr.
Rahul B. Temak
.....
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CORAM : SANJAY A. DESHMUKH, J.
DATED : 7th JANUARY, 2026
ORAL JUDGMENT:-
1. This appeal is preferred against the impugned judgment
and award passed by the learned Reference Court, Ahmednagar in
Land Acquisition Reference No. 14 of 1990, dated 29.07.1992.
2. Learned A.G.P. for the appellant submitted that the land
bearing Gat Nos. 144 and 147 was acquired for the purpose of
construction of Kukadi left canal, minor irrigation Nos.23 and 24. He
pointed out the pleadings as well as the evidence adduced on record.
He submitted that the learned Reference Court decided the case and
awarded the huge amount of compensation without considering the
evidence on record.
3. Learned advocate Ms. Gayatri Sonawane h/f Mr. R. B.
Temak, learned advocate for respondent Nos. 8-a submitted that
reasonable amount of compensation as per the market value of the
property is awarded. Therefore, learned Reference Court rightly
awarded the compensation of Rs.85,000/- per Hectare for irrigated
land and Rs.43,000/- per Hectare for dry land. She submitted that
there is no substance in the grounds of appeal. She therefore,
prayed to dismiss the appeal.
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4. On perusal of the record and proceeding as well as the
judgment in L.A.R. No. 16 of 1990, the learned Reference Court
awarded the compensation after considering entire evidence on
record @ Rs.85,000/- per Hectare for irrigated land @ Rs.43,000/-
per Hectare for the dry land. There is absolutely no substance in the
grounds of appeal. The reasonable amount of compensation is
awarded. The appeal being sans of merit and deserves to be
dismissed. Hence, the following order:-
ORDER
First appeal is dismissed.
(SANJAY A. DESHMUKH, J.)
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