Extracted from the PDF above. The PDF is authoritative.
FA 58/2009 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 8 FIRST APPEAL NO. 58 OF 2009 STATE OF MAHARASHTRA VERSUS NILKANTRAO APPARAO PATIL ... AGP for State/Appellant : Mr. S.N. Morampalle Advocate for Respondent : Mr. Sanjay Mundhe ... WITH FIRST APPEAL NO. 59 OF 2009 WITH FIRST APPEAL NO. 60 OF 2009 WITH FIRST APPEAL NO. 57 OF 2009 …
CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 24, 2026 PER COURT :-
1. Heard the learned AGP for appellant/State and the learned counsel for respondent in FA No. 58/2009.
2. By these appeals, the appellant/State assail the judgment and award dated 30.9.2003 in LAR No. 105/1990, 3.7.2003 in LAR No. 158/1990, 25.4.2003 in LAR No. 316/1992 and 30.4.2003 in LAR No. 214/1988.
3. Both the learned advocate submit that the compensation enhanced by the learned Reference Court does not exceed four times the amount awarded by the Land Acquisition Officer. They further submit that as far as interest part is concerned, that was not granted and even the rental compensation was also not paid. They therefore submits that in view of the above, the present appeals needs to be partly allowed and the order passed by the reference court need to be modified to that extent. 2026:BHC-AUG:38547
FA 58/2009 2
4. In view of the aforesaid submissions and having regard to the policy decision of the State Government contained in Government Resolution No.Sankirna-2014/Prak.Kra.4/Bham-1/A-4
dated
03.11.2016
with Corrigendum dated 23.02.2017 and 13.08.2018 to the said Government Resolution, took a decision not to challenge the reference, if compensation is enhanced only upto four times.
5. In view of the above, I find that as far as interest and statutory benefits are concerned, those were not granted and even the rental compensation was not paid. In view of the above, I pass the following order :-
ORDER (i) The appeals are partly allowed. (ii) The claimants are entitled to interest and other statutory benefits from the date of award of SLAO. (iii) The claimants are at liberty to file application before the Collector, Osmanabad for rental compensation. In the event, such an application is filed, the Collector Osmanabad shall give opportunity of hearing to all the concerned and in the event, the compensation is not paid, pass appropriate
order in view of the policy of the government. (iv) The impugned judgments and awards are modified to that extent. (v) Pending Civil Applications, if any, are also disposed of.
( SIDDHESHWAR S. THOMBRE, J. ) ssc/