Bombay High Court
State Of Maharashtra vs Gundappa Vithal Pandharpure on 5 August, 2025
2025:BHC-AUG:21084
(1) fa1859.09
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
42 FIRST APPEAL NO. 1859 OF 2009
STATE OF MAHARASHTRA
VERSUS
SHRIMANT MAROTI PANDHARPURE
AND
FIRST APPEAL NO. 1857 OF 2009
STATE OF MAHARASHTRA
VERSUS
MAROTI SIDHA ALANGE
AND
FIRST APPEAL NO. 1858 OF 2009
STATE OF MAHARASHTRA
VERSUS
GUNDAPPA VITHAL PANDHARPURE
AND
X-OBJECTION NO. 127 OF 2022 IN FA/1858/2009
GUNDAPPA VITHAL PANDHARPURE (DIED) THR LRS DWARKABABI AND ORS
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD
AND
X-OBJECTION NO. 143 OF 2022 IN FA/1859/2009
SHRIMANT MAROTI PANDHARPURE
VERSUS
THE STATE OF MAHARASHTRA
AND
X-OBJECTION NO. 141 OF 2022 IN FA/1857/2009
MAROTI SIDHA ALANGE
VERSUS
THE STATE OF MAHARASHTRA
Mr. R.B. Dhaware, AGP for the appellant-State.
Mr. V.V. Ingale, Advocate for the respondents-claimants.
CORAM : KISHORE C. SANT, J.
DATE : 05.08.2025 PC :-
01. Heard. These appeals are filed by the State challenging common judgment and award dated 17.06.2002, passed by the learned Civil Judge, Senior Division, Osmanabad in LAR Nos. 152, 91 and 96 of 1990. These appeals are arising out of same acquisition proceeding and common judgment (2) fa1859.09 and award. Therefore, same are taken up together and are being disposed off.
02. The land of the respondents-claimants came to be acquired for Lower Terna Project Village Makni, Tq.Omerga, Dist. Osmanabad. Notifications under section 4 of the Land Acquisition Act in respect of land acquisition was issued on 05.06.1984. The particulars of the proceedings, measurement of land acquired, compensations awarded by the learned Special Land Acquisition Officer and the learned Reference Court are as under :-
Sr.No First Appeal LAR No. Land Acquired Award by SLAO Award by Ref. Court No. Rs. per H Rs. per 1 1859/2009 152/1990 4.44 R 12000/- 30000/-
2 1858/2009 91/1990 2.46 R 12000/- 30000/-
3 1857/2009 96/1990 2.60 R 12000/- 30000/-
03. The Government of Maharashtra vide Government Resolution dated 03.11.2016 and Corrigendum dated 23.02.2017, took a decision to settle the appeals by accepting the market rates determined by the Reference Court, which are within parameters set out in the Government Resolution. In the present appeals, the compensation awarded by the learned Reference Court is within four times the compensation awarded by the learned Special Land Acquisition Officer. The learned AGP also could not point any illegality or perversity in the impugned judgment and award. No purpose would be served by keeping the appeals pending.
04. Therefore, the First Appeals are disposed off. Pending Civil Applications, if any, stand disposed off.
05. The Cross-objections shall be considered independently.
[KISHORE C. SANT, J.] snk/2025/Aug25/fa1859.09