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2015 DAILYLAW 2773 (BOM)

THE STATE OF MAHARASHTRA AND OTHERS v. RAMRAO VITHALRAO (MUKADAM) FOR DESHPANDE DIED THR HIS LRS JANKABAI AND OTHERS

CA/14910/2015 · 2026-07-10

Shri Siddheshwar Sundarrao Thombre

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Judgment text

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43-CA-14910-2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 43 CIVIL APPLICATION NO. 14910 OF 2015 IN FAST/28679/2015 The State Of Maharashtra And Others VERSUS Ramrao Vithalrao (mukadam) For Deshpande Died Thr His Lrs Jankabai And Others WITH CIVIL APPLICATION NO. 14911 OF 2015 IN FAST/28679/2015 The State Of Maharashtra And Others VERSUS Ramrao Vithalrao (mukadam) For Deshpande Died Thr His Lrs Jankabai And Others WITH FIRST APPEAL (ST) NO. 28679 OF 2015 The State Of Maharashtra And Others VERSUS Ramrao Vithalrao (mukadam) For Deshpande Died Thr His Lrs Jankabai And Others ... Smt. A. S. Mantri, AGP for State. ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 10 JULY 2026 P. C.: 1. The Civil Application No.14910 of 2015 is filed for condonation of delay. Considering the averments made therein, the same is allowed. 2. Admit. 3. As the acquisition proceeding is of the year 1992, the Appeal is heard Shubham 2026:BHC-AUG:29350 43-CA-14910-2015.doc finally with the consent of learned AGP for the Appellant-State. 4. The land of Respondent-claimant was acquired for construction of ring road, Ambajogai. The notification under Section 4 was published on 28th May 1992, declaration was published on 25th February 1993, award came to be passed on 31st December 1994, however the possession was taken on 31st October 1985. The SLAO granted compensation @Rs.195 per R, whereas the claimants have claimed compensation @Rs.10,890/- per R. The learned Reference Court granted compensation @Rs.10/- per sq. ft. 5. The learned AGP submits that the Reference Court has wrongly relied upon sale instances below Exh.47, 49 and 50 dated 28th May 1992, 12th Deceased 1990 and 18th February 1992 respectively. He submits that the claimants have failed to prove that the lands were non-agricultural in nature. Therefore, the compensation awarded by the SLAO was adequate. Hence, he prays to quash the impugned award. 6. Though served, none appears for the Respondents. 7. I have heard learned AGP for the State and perused the record. The recital of the impugned award shows that the Respondents-claimants have filed on record sale instances below Exh.47 to 51. The learned Reference Court has relied upon sale instances below Exhs.47, 49 and 50 which were prior to date of notification under Section 4. Particularly, the sale instance below Exh.47 pertaining to survey No.373 was from the same village Ambajogai which was genuine and safely reliable for reaching the market Shubham 43-CA-14910-2015.doc value. The market value in the said sale instance was Rs.11.63 per sq. ft. The learned Reference Court has granted compensation @Rs.10 per sq. ft. for the acquired land, which in my opinion is appropriate and reasonable. Thus, I do not find any reason to interfere with the impugned order to the extent of quantum of compensation. Hence, I pass the following order:- O R D E R i. The First Appeal is dismissed. 8. Pending Civil Applications, if any, stand disposed of. [SIDDHESHWAR S. THOMBRE, J.] Shubham