THE STATE OF MAHARASHTRA AND ORS v. ARJUN BHANUDAS KHUNE (DIED) THR LRS. MACHINDRA ARJUN KHUNE AND ORS
FA/2808/2017 · 2026-07-27
Shri Siddheshwar Sundarrao Thombre
body2017
DailyLaw.ai
[ 2017 DAILYLAW 3093 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2017 DAILYLAW 3093 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
FA 2808/17 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 39 FIRST APPEAL NO. 2808 OF 2017 THE STATE OF MAHARASHTRA AND ORS VERSUS ARJUN BHANUDAS KHUNE (DIED) THR LRS. MACHINDRA ARJUN KHUNE AND ORS ... AGP for Appellant/State : Mr. B.A. Shinde Advocate for Respondents 1A to 1C : Mr. D.A. Mane h/f. Mr. P.A. Bharat ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : July 27, 2026 PER COURT :-
1. Heard the learned AGP for appellant and the counsel for respondent Nos. 1A to 1C.
2. By this appeal, the appellant/State assails the Judgment and award dated 13.10.2015 passed by the learned Civil Judge, Senior Division, Paranda in L.A.R. No. 602/2011.
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.
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. The learned AGP for the State further submits that the reference court has granted interest and other statutory benefits from the date of 2026:BHC-AUG:31464
FA 2808/17 2 taking the possession of the acquired land and the same is contrary in view of the judgment of Full Bench of this Court in the case of State of Maharashtra vs. Kailas Shiva Rangari, 2016 (4) Mh.L.J. 457.
6. Considering the above, I pass the following order.
O R D E R (I) The appeal is partly allowed. (II) The claimants shall be entitled to interest and other statutory benefits strictly in accordance with the law laid down by the Full Bench of this Court in the case of State of Maharashtra vs. Kailas Shiva Rangari. (III) Claimants are permitted to withdraw the amount, if any, deposited in the court. (IV) Clause (4) of the impugned award of reference court is modified accordingly and rest of the award is maintained. (V) Award is modified accordingly. (VI) Civil Applications, if any, stand disposed of.
( SIDDHESHWAR S. THOMBRE, J. ) ssc/