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2003 DAILYLAW 1322 (BOM)

THE STATE OF MAHARASHTRA v. SHANKAR LAXMANRAO KULKARNI

FA/1385/2003 · 2026-02-17

Shri Sanjay A Deshmukh

body2003

Judgment text

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911 FA NO. 1385 OF 2003.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 911 FIRST APPEAL NO. 1385 OF 2003 The State Of Maharashtra VERSUS Shankar Laxmanrao Kulkarni ... Mr. S. B. Jadhav, AGP for Appellant/State Mr. S S Halkude, Advocate for Respondent No.1 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 17.02.2026 PER COURT :- 1. This appeal is preferred by the State Government against the judgment and award dated 25.04.2002 passed by the learned Land Reference Court, Osmanabad in L.A.R. No.156 of 1991. 2. The claimant’s land bearing Survey No.4, situated at village Bendkal, Tq. Omerga Dist. Osmanabad, admeasuring 1 H 95 Are, was acquired by the State Government for the construction of a percolation tank at Bendkal, by notification dated 16.06.1987. The Special Land Acquisition Officer awarded compensation for the acquired land of the claimants @ Rs.8,500/- per hectare i.e., Rs.85/- per Are. The learned Reference Court enhanced the amount of compensation and awarded Rs.500/- per Are. 1 of 3 2026:BHC-AUG:7259 (( 2 )) 911 FA NO. 1385 OF 2003 3. Learned AGP for the Appellant-State pointed out the pleadings, the evidence, the grounds of objections of the appeal and the reasons and findings of the learned Reference Court. He submitted that the learned Reference Court did not properly appreciate the evidence and awarded an excessive amount of compensation. It is therefore prayed to allow the appeal by setting aside the impugned judgment and award. 4. Learned advocate for the respondent-claimant strongly opposed the appeal and submitted that the learned Reference Court has properly appreciated the evidence on record and awarded reasonable amount of compensation. He submitted that no interference is warranted in the impugned judgment and award. He prayed to dismiss the appeal. 5. On perusal of Exh.28 and 29, it appears that the learned Reference Court awarded compensation @ Rs.500/- per Are on the basis of earlier judgments passed in L.A.R. Nos. 205 of 1991 and 138 of 1989. The reasons and findings of the learned Reference Court are found legal and correct and no interference is warranted therein. Therefore, the appeal deserves to be dismissed. Hence, the following order: 2 of 3 (( 3 )) 911 FA NO. 1385 OF 2003 ::ORDER:: a. The First Appeal is dismissed. b. Pending civil applications, if any, are disposed of. C. No order as to costs. [ SANJAY A. DESHMUKH, J. ] HRJadhav 3 of 3