THE STATE OF MAHARASHTRA AND ANR v. MARUTI VITHOBA MORE (DIED) THR LRS BALASAHEB AND ORS
CA/13366/2017 · 2026-07-02
Shri Siddheshwar Sundarrao Thombre
body2017
DailyLaw.ai
[ 2017 DAILYLAW 3097 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2017 DAILYLAW 3097 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 of 13 935-CA.13343.2017 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 935 FIRST APPEAL (STAMP) NO.20549 OF 2017 WITH CIVIL APPLICATION NO. 13343 OF 2017 IN FAST/20549/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS POPAT DAGADU SHEWALE AND ANR ... Mr. R. B. Dhaware, AGP for the Appellants/State. Mr. V. P. Latange, Advocate for the Respondents. ... AND FIRST APPEAL (STAMP) NO.20518 OF 2017 WITH CIVIL APPLICATION NO. 13342 OF 2017 IN FAST/20518/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS KESHAV BHAUSAHEB KALE … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. D. S. Bagul, Advocate for the Respondent. AND FIRST APPEAL (STAMP) NO.20524 OF 2017 WITH CIVIL APPLICATION NO. 13363 OF 2017 IN FAST/20524/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS GITANJALI DYNANESWAR GURAM … Mr. R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13364 OF 2017 IN FAST/20524/2017 2026:BHC-AUG:27233
2 of 13 935-CA.13343.2017 THE STATE OF MAHARASHTRA AND ANR VERSUS GITANJALI DYNANESWAR GURAM … Mr. R. B. Dhaware, AGP for the Applicants/State. AND FIRST APPEAL (STAMP) NO.20584 OF 2017 WITH CIVIL APPLICATION NO. 13375 OF 2017 IN FAST/20584/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SANJAY VINOD AGARWAL … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. Anshuman Deshmukh h/f. Mahesh S. Deshmukh, Advocate for the Respondent. AND FIRST APPEAL (STAMP) NO.20521 OF 2017 WITH CIVIL APPLICATION NO. 13370 OF 2017 IN FAST/20521/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SURAJ CHANDRABHAN AGARWAL … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. Anshuman Deshmukh h/f. Mahesh S. Deshmukh, Advocate for the Respondent. AND FIRST APPEAL (STAMP) NO.20560 OF 2017 WITH CIVIL APPLICATION NO. 13372 OF 2017 IN FAST/20560/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS BABAN SHRIPATI NIKAM AND ANR
3 of 13 935-CA.13343.2017 … Mr. R. B. Dhaware, AGP for the Applicants/State. AND FIRST APPEAL (STAMP) NO.20557 OF 2017 WITH CIVIL APPLICATION NO. 13373 OF 2017 IN FAST/20557/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SHAKUNTALA HIRALAL LAKHARA … Mr. R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13374 OF 2017 IN FAST/20557/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SHAKUNTALA HIRALAL LAKHARA … Mr. R. B. Dhaware, AGP for the Applicants/State. AND FIRST APPEAL (STAMP) NO.20530 OF 2017 WITH CIVIL APPLICATION NO. 13360 OF 2017 IN FAST/20530/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SUNIL DAGADU GHORPADE AND ORS … Mr.
R. B. Dhaware, AGP for the Applicants/State. AND FIRST APPEAL (STAMP) NO.20537 OF 2017 WITH CIVIL APPLICATION NO. 13367 OF 2017 IN FAST/20537/2017
4 of 13 935-CA.13343.2017 THE STATE OF MAHARASHTRA AND ANR VERSUS RAJENDRAKUMAR ATMARAM AGARWAL … Mr. R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13368 OF 2017 IN FAST/20537/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS RAJENDRAKUMAR ATMARAM AGARWAL … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. Anshuman Deshmukh h/f. Mr. Mahesh S. Deshmukh, Advocate for the Respondent. AND FIRST APPEAL (STAMP) NO.20578 OF 2017 WITH CIVIL APPLICATION NO. 13348 OF 2017 IN FAST/20578/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SHEKHAR TAMMA BHINGARE … Mr. R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13341 OF 2017 IN FAST/20518/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS KESHAV BHAUSAHEB KALE … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. D. S. Bagul, Advocate for Respondent. AND FIRST APPEAL (STAMP) NO.20533 OF 2017
5 of 13 935-CA.13343.2017 WITH CIVIL APPLICATION NO. 13366 OF 2017 IN FAST/20533/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS MARUTI VITHOBA MORE (DIED) THR LRS BALASAHEB AND ORS … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. Dattatraya R. Jayabhar, Advocate for Respondent Nos.1A to D and
2. AND CIVIL APPLICATION NO. 13369 OF 2017 IN FAST/20521/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SURAJ CHANDRABHAN AGARWAL … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. Anshuman Deshmukh h/f. Mr. Mahesh S. Deshmukh, Advocate for the Respondent. AND CIVIL APPLICATION NO. 13376 OF 2017 IN FAST/20584/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SANJAY VINOD AGARWAL … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. Anshuman Deshmukh h/f. Mr. Mahesh S. Deshmukh, Advocate for the Respondent. AND FIRST APPEAL (STAMP) NO.20541 OF 2017 WITH CIVIL APPLICATION NO. 13377 OF 2017 IN FAST/20541/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS
6 of 13 935-CA.13343.2017 VISHWANATH NAMDEV NIMBOLKAR … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr.
Dattatraya R. Jayabhar, Advocate for the Respondent. AND CIVIL APPLICATION NO. 13378 OF 2017 IN FAST/20541/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS VISHWANATH NAMDEV NIMBOLKAR … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. Dattatraya R. Jayabhar, Advocate for the Respondent. AND FIRST APPEAL (STAMP) NO.20564 OF 2017 WITH CIVIL APPLICATION NO. 13358 OF 2017 IN FAST/20564/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SHUBHANGI BHANUSAHEB SHEWALE AND ANR … Mr. R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13359 OF 2017 IN FAST/20530/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SUNIL DAGADU GHORPADE AND ORS … Mr. R. B. Dhaware, AGP for the Applicants/State. AND FIRST APPEAL (STAMP) NO.20545 OF 2017 WITH CIVIL APPLICATION NO. 13379 OF 2017 IN FAST/20545/2017
7 of 13 935-CA.13343.2017 THE STATE OF MAHARASHTRA AND ANR VERSUS ASHOK SHRIDHAR BHOR … Mr. R. B. Dhaware, AGP for the Applicants/State. AND FIRST APPEAL (STAMP) NO.20588 OF 2017 WITH CIVIL APPLICATION NO. 13350 OF 2017 IN FAST/20588/2017 THE STATE OF MAHARASHTRA VERSUS DHYABHAI BABULAL PATEL AND ORS … Mr. R. B. Dhaware, AGP for the Applicants/State. AND FIRST APPEAL (STAMP) NO.20575 OF 2017 WITH CIVIL APPLICATION NO. 13354 OF 2017 IN FAST/20575/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS RAJKUMARI KANHAYALAL NAVLANI AND ANR … Mr. R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13355 OF 2017 IN FAST/20575/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS RAJKUMARI KANHAYALAL NAVLANI AND ANR … Mr. R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13356 OF 2017
8 of 13 935-CA.13343.2017 IN FAST/20564/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SHUBHANGI BHANUSAHEB SHEWALE AND ANR … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. Laxmikant C. Patil, Advocate for the Respondents. AND CIVIL APPLICATION NO. 13371 OF 2017 IN FAST/20560/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS BABAN SHRIPATI NIKAM AND ANR … Mr.
R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13349 OF 2017 IN FAST/20588/2017 THE STATE OF MAHARASHTRA VERSUS DHYABHAI BABULAL PATEL AND ORS … Mr. R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13347 OF 2017 IN FAST/20578/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS SHEKHAR TAMMA BHINGARE … Mr. R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13344 OF 2017 IN FAST/20549/2017
9 of 13 935-CA.13343.2017 THE STATE OF MAHARASHTRA AND ANR VERSUS POPAT DAGADU SHEWALE AND ANR … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. V. P. Latange, Advocate for the Respondents. AND FIRST APPEAL (STAMP) NO.20527 OF 2017 WITH CIVIL APPLICATION NO. 13362 OF 2017 IN FAST/20527/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS ARJUN GANPAT KAMBLE AND ORS … Mr. R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13361 OF 2017 IN FAST/20527/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS ARJUN GANPAT KAMBLE AND ORS … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. S. S. Choudhary, Advocate for Respondent Nos.1 to 4. AND CIVIL APPLICATION NO. 13365 OF 2017 IN FAST/20533/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS MARUTI VITHOBA MORE (DIED) THR LRS BALASAHEB AND ORS … Mr. R. B. Dhaware, AGP for the Applicants/State. Mr. Dattatraya R. Jayabhar, Advocate for the Respondents. AND CIVIL APPLICATION NO. 13380 OF 2017
10 of 13 935-CA.13343.2017 IN FAST/20545/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS ASHOK SHRIDHAR BHOR … Mr. R. B. Dhaware, AGP for the Applicants/State. AND FIRST APPEAL (STAMP) NO.20569 OF 2017 WITH CIVIL APPLICATION NO. 13381 OF 2017 IN FAST/20569/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS MACHINDRA PARBATI DONGARE AND ANR … Mr. R. B. Dhaware, AGP for the Applicants/State. AND CIVIL APPLICATION NO. 13382 OF 2017 IN FAST/20569/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS MACHINDRA PARBATI DONGARE AND ANR … Mr. R. B. Dhaware, AGP for the Applicants/State. ...
CORAM :
SIDDHESHWAR S. THOMBRE, J.
DATE :
2nd JULY, 2026 P.C.:- CIVIL APPLICATIONS FOR DELAY:-
1. By these application, the Appellants are seeking condonation of delay in filing first appeal. 11 of 13 935-CA.13343.2017
2. Considering the averments made in the applications, the applications are allowed. FIRST APPEALS:-
3. Heard learned Advocates for the respective parties. By consent of both parties, the matter is taken up for final hearing at the admission stage. 4. By the present appeal, the Appellants–State are aggrieved by the judgment and award dated 19.05.2016 passed by the learned 4th Joint Civil Judge, Senior Division, Ahmednagar, District Ahmednagar in L.A.R. Nos. 115/2011, 123/2011, 119/2011, 113/2011, 267/2011, 116/2011, 124/2011, 46/2015, 122/2011, 117/2011, 121/2011, 120/2011, 261/2011, 54/2012, 114/2011, 118/2011, 264/2011 and 126/2011. 5. Mr. R. B. Dhaware, learned AGP for the Appellants–State, submits that the acquired lands are situated at a long distance from Nagar–Manmad Road. He submits that the Special Land Acquisition Officer (SLAO) had rightly determined the compensation. According to him, the learned Reference Court ought not have appreciated the sale instances brought on record, as those are not comparable with the land acquired and are not in close vicinity to thereof. He, therefore, submits that the enhancement granted by the learned Reference Court is not justified and the impugned judgment deserves to be set aside. 12 of 13 935-CA.13343.2017
6. Per contra, Mr. Anshuman Deshmukh, learned counsel holding for Mr. Mahesh S. Deshmukh, learned Advocate for the Respondents–original Claimants, submits that the acquired lands possess considerable N. A. potential. He points out that some of the lands are irrigated, some are non-agricultural lands, and certain lands fall within the limits of the Municipal Corporation. He, therefore, submits that the compensation awarded by the Special Land Acquisition Officer was inadequate. He further submits that the claimants relied upon various comparable sale instances, which have been duly considered by the learned Reference Court while determining the market value.
He, therefore, prays for dismissal of the appeals. 7. I have considered the submissions advanced by the learned Advocates for the respective parties. I have also perused the record, the award passed by the Special Land Acquisition Officer, and the impugned judgment of the learned Reference Court. The Reference Court has taken into consideration the sale instances as well as the revenue records, including the 7/12 extracts. The evidence on record shows that some of the acquired lands are irrigated (Bagayat), some are semi-irrigated, while others are dry crop lands. The learned Reference Court has prepared a detailed chart considering the nature and classification of each piece of land and has awarded compensation
13 of 13 935-CA.13343.2017 accordingly. It is evident that the Reference Court has not granted a uniform rate for all the acquired lands; rather, it has determined the compensation by considering the nature, location, and potential of each land based on the evidence on record. The enhancement awarded is thus supported by the sale instances and the revenue records. 8. In view of the above, I do not find any perversity or illegality in the judgment and award dated 19.05.2016 passed by the learned 4th Joint Civil Judge, Senior Division, Ahmednagar, District Ahmednagar in L.A.R. Nos. 115/2011, 123/2011, 119/2011, 113/2011, 267/2011, 116/2011, 124/2011, 46/2015, 122/2011, 117/2011, 121/2011, 120/2011, 261/2011, 54/2012, 114/2011, 118/2011, 264/2011 and 126/2011. 9. Hence, the present appeals stand dismissed. There shall be no order as to costs. 10. Pending Civil Applications, if any, also stand disposed of. (SIDDHESHWAR S. THOMBRE, J.) Tauseef