High Court
Legal Reasoning
( 1 ) fa2431.14[This order is corrected pursuant to speaking to the minutes order dated 22.08.2025]IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD89 FIRST APPEAL NO. 2431 OF 2014THE STATE OF MAHARASHTRA AND ANRVERSUSTULSHIRAM GOVIND DADGEANDFIRST APPEAL NO. 2416 OF 2014THE STATE OF MAHARASHTRA AND ANRVERSUSHARIBA NARSING SHARWALE DIED TH LRS SMT RATNABAI HARIBA SHARWALEANDFIRST APPEAL NO. 2433 OF 2014THE STATE OF MAHARASHTRA AND ANRVERSUSHARI VENKATRAO BIRADAR AND ANRANDFIRST APPEAL NO. 2430 OF 2014THE STATE OF MAHARASHTRA AND ANRVERSUSVITHAL BAPURAO MALGEANDFIRST APPEAL NO. 2426 OF 2014THE STATE OF MAHARASHTRA AND ANRVERSUSYENKA DEORAO BIRADARANDCIVIL APPLICATION NO. 14180 OF 2023 IN FA/2415/2014BHAGWAN VENKATRAO BIRADARVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14157 OF 2023 IN FA/2427/2014DATTAJI BAJIRAO SHERWALE (DIED) LRS LAXMIBAI DATTAJI SHERWALE AND ANRVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14185 OF 2023 IN FA/2438/2014 ( 2 ) fa2431.14GOVIND MAROTI BIRADAR (BOBDE) AND ANRVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14155 OF 2023 IN FA/2436/2014HARI VENKATRAO BIRADARVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14154 OF 2023 IN FA/2431/2014TULSHIRAM GOVIND DADGEVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14182 OF 2023 IN FA/2418/2014GUNWANT BHIMRAO HONALE AND ANRVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14170 OF 2023 IN FA/2429/2014BANKAT VITHAL BIRADARVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14181 OF 2023 IN FA/2417/2014MANOHAR BIJIRAO PATILVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14179 OF 2023 IN FA/2437/2014SUMAN MARUTI PATIL (YENKIKAR) (DIED) THR LRS. RAMESH MARUTIRAO PATIL ANDANRVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14152 OF 2023 IN FA/2428/2014SAMBHAJI VITHALRAO BIRADARVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14163 OF 2023 IN FA/2423/2014 ( 3 ) fa2431.14TUKARAM RAJARAM HALANE (DIED) THR LRS. GOVIND TUKARAM HALANE AND ORSVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14153 OF 2023 IN FA/2432/2014NARAYAN MADHAVRAO MUNJEWAR (DIED) THR LRS JEEJABAI NARAYAN MUNJEWARVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14165 OF 2023 IN FA/2424/2014GOVIND RAMCHANDRA PATILVERSUSTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14173 OF 2023 IN FA/2434/2014GITABAI MARUTI BIRADAR (BOBADE) DIED THR LRS. GOVIND MARUTI BIRADAR(BOBADE) AND ORSVERSUSTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14171 OF 2023 IN FA/2434/2014GITABAI MARUTI BIRADAR (BOBADE) DIED THR LRS. GOVIND MARUTI BIRADAR(BOBADE) AND ORSVERSUSTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14158 OF 2023 IN FA/2425/2014SHEWANTABAI DAULATRAO MUNJEWAR (DIED) LRS SHREERANG D. MUNJEWAR (DIED)THR LRS. MADHAV AND ORSVERSUSTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14183 OF 2023 IN FA/2422/2014VITHAL GUNDAJI DADGE (DIED) THR LRS. SUMITRABAI VITHALRAO DADGE AND ORSVERSUSTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14177 OF 2023 IN FA/2435/2014JEEVAN SUDAMRAO BIRADAR (DIED) THR LRS. SATYABHAMABAI JEEVAN BIRADAR ANDORSVERSUS ( 4 ) fa2431.14THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14166 OF 2023 IN FA/2421/2014CHANDRABHAGABAI HANMANTRAO KINE (DIED) LRS VITHAL HANMANTRAO KINE ANDORSVERSUSTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS ANDCIVIL APPLICATION NO. 14178 OF 2023 IN FA/2435/2014JEEVAN SUDAMRAO BIRADAR (DIED) THR LRS. SATYABHAMABAI JEEVAN BIRADAR ANDORSVERSUSTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS ANDCIVIL APPLICATION NO. 14159 OF 2023 IN FA/2425/2014SHEWANTABAI DAULATRAO MUNJEWAR (DIED) LRS SHREERANG D. MUNJEWAR (DIED)THR LRS. MADHAV AND ORSVERSUSTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS ANDCIVIL APPLICATION NO. 14184 OF 2023 IN FA/2422/2014VITHAL GUNDAJI DADGE (DIED) THR LRS. SUMITRABAI VITHALRAO DADGE AND ORSVERSUSTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14160 OF 2023 IN FA/2439/2014BAJIRAO MARUTI BIRADAR (DIED) THR LRS. PARVATIBAI BAJIRAO BIRADAR AND ORSVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14161 OF 2023 IN FA/2439/2014BAJIRAO MARUTI BIRADAR (DIED) THR LRS. PARVATIBAI BAJIRAO BIRADAR AND ORSVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSANDCIVIL APPLICATION NO. 14169 OF 2023 IN FA/2419/2014YADAVRAO HANUMANTRAO BIRADAR (DIED) THR LRS. MAROTI YADAVRAO BIRADARAND ORSVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORS ( 5 ) fa2431.14 ANDCIVIL APPLICATION NO. 14168 OF 2023 IN FA/2419/2014YADAVRAO HANUMANTRAO BIRADAR (DIED) THR LRS. MAROTI YADAVRAO BIRADARAND ORSVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSWITHCIVIL APPLICATION NO. 14167 OF 2023 IN FA/2421/2014CHANDRABHAGABAI HANMANTRAO KINE (DIED) LRS VITHAL HANMANTRAO KINE ANDORSVERSUSTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ORSWITHFIRST APPEAL NO. 2420 OF 2014THE STATE OF MAHARASHTRA AND ANR. VS. YENKATRAO RAMCHANDRA PATILMr. R.B. Dhaware, AGP for the appellant-State.Mr. S.S. Manale, Advocate for the respondents-claimants.CORAM:KISHORE C. SANT, J.DATE:05.08.2025PC :-01.Heard. These appeals are filed by the State challengingcommon judgment and award dated 13.04.2006, passed by the learnedthe Adhoc Additional District Judge, Udgir, Dist. Latur, in LAR Nos. 2758of 2001 with connected matters. These appeals are arising out of sameacquisition proceeding. Therefore, same are taken up together and arebeing disposed off.02.The lands of the respondents-claimants came to be acquired ( 6 ) fa2431.14for Minor Irrigation Tank, Bhopni. Notification under section 4 of theLand Acquisition Act in respect of land acquisition was issued on04.03.1993. The particulars of the proceedings, compensations awardedby the learned Special Land Acquisition Officer and the learned ReferenceCourt are as under :-Sr.NoFirst AppealNo.LAR No.Award by SLAORs. per RAward by Ref. CourtRs. per R12431/20142746/2001390/-1388/-22438/20142752/2001390/-1388/-32432/20142756/2001390/-1388/-42436/20142751/2001390/-1388/-52423/20142742/2001390/-1388/-62426/20142760/2001390/-1388/-72421/20142747/2001390/-1388/-82416/20142743/2001390/-1388/-92418/20142765/2001390/-1388/-102433/20142744/2001390/-1388/-112435/20142753/2001390/-1388/-122424/20142766/2001390/-1388/-132430/20142757/2001390/-1388/-142422/20142758/2001390/-1388/-152420/20142748/2001390/-1388/-162415/20142750/2001390/-1388/-172437/20142761/2001390/-1388/-182434/20142754/2001390/-1388/-192419/20142749/2001390/-1388/-202417/20142764/2001390/-1388/-212425/20142745/2001390/-1388/-222428/20142755/2001390/-1388/-232427/20142759/2001390/-1388/-242439/20142762/2001390/-1388/-252429/20142763/2001390/-1388/-03.The Government of Maharashtra vide Government Resolution ( 7 ) fa2431.14dated 03.11.2016 and Corrigendum dated 23.02.2017, took a decision tosettle the appeals by accepting the market rates determined by theReference Court, which are within parameters set out in the GovernmentResolution. In the present appeals, the compensation awarded by thelearned Reference Court is within four times the compensation awardedby the learned Special Land Acquisition Officer. The learned AGP alsocould not point out any illegality or perversity in the impugned judgmentand award. No purpose would be served by keeping the appealspending.04.Therefore, the First Appeals are disposed off.05.So far as Civil Applications for withdrawal/transfer of amountare concerned, the balance amount of compensation deposited by theAcquiring Body in this Court shall be transferred to the concernedReference Court, along with accrued interest. The claimants shall beentitled to withdraw the amount of compensation along with accruedinterest from the Reference Court. The Civil Applications filed forwithdrawal/transfer of amount are disposed off accordingly.06.So far as Civil Applications for bringing on record legal ( 8 ) fa2431.14representatives of deceased respondent-claimants are concerned, for thereasons stated in the Civil Applications, the Civil Applications are allowed.Delay caused in filing the Civil Applications is condoned. The legalrepresentatives of the deceased claimants-respondent be brought onrecord. Necessary amendment in the Civil Applications and the FirstAppeals be carried out within two weeks.07.Pending Civil Applications, if any, stand disposed off.[KISHORE C. SANT, J.] snk/2025/Aug25/fa2431.14