STATE OF MAHA v. RAGHUNATH SHEKHA BIRAJDAR DIED LRS
FA/2722/2008 · 2026-07-27
Shri Siddheshwar Sundarrao Thombre
body2008
DailyLaw.ai
[ 2008 DAILYLAW 1846 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2008 DAILYLAW 1846 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
FA 2721/08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 3 FIRST APPEAL NO. 2721 OF 2008 STATE OF MAHARASHTRA VERSUS BANDU KASHINATH GAIKWAD ... AGP for Appellant/State : Mrs. A.S. Mantri ...
4 FIRST APPEAL NO. 2722 OF 2008 STATE OF MAHARASHTRA VERSUS RAGHUNATH SHEKHA BIRAJDAR DIED LRS .... AGP for Appellant/State : Mr. S.S. Dande ...
6 FIRST APPEAL NO. 2724 OF 2008 STATE OF MAHARASHTRA VERSUS BABURAO RUPA RATHOD ... AGP for Appellant/State : Mr. R.B. Dhaware ...
CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : July 27, 2026 PER COURT :-
1. As the acquisition proceedings were initiated in the year 1988, heard finally with the consent of learned AGPs in respective matters.
2. The present appeals are preferred by the State, challenging the
judgment and award dated 28.4.1995 passed by the learned Civil Judge, Senior Division, Osmanabad in LAR Nos. 213, 208 and 220 of 1993.
3. In the present matters, the lands of the claimants were acquired for Benetura Medium Project. Notification under section 4 of the Land Acquisition Act was published on 21.4.1988. The Special Land Acquisition Officer (SLAO) has published the award on 24.9.1992 and has granted
FA 2721/08 2 compensation at the rate of Rs.13,000/- per H. to 14,000/- per H. and the reference court has enhanced the same by granting rate of 33,000/- per Acre and also granted compensation for fruit bearing trees and well etc. Hence, the present appeals are filed.
4. The learned AGPs in respective matters submit that there were incorrect figures mentioned in the judgment and award, but while preparing the award those number of trees were correct and thus, the reference court has wrongly enhanced the rate for acquired lands as well as for fruit bearing trees, well etc. They therefore prays to allow the appeals.
5. Having heard the learned AGPs and having gone through the record, I find that the learned reference court has enhanced the amount of compensation correctly. I do not find any perversity in the order passed by the reference court. Hence, the first appeals are dismissed. Pending Civil application, if any, also stands disposed of.
( SIDDHESHWAR S. THOMBRE, J. ) ssc/