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2021 DAILYLAW 2199 (BOM)

KISHAN GOVINDRAO PAUL v. THE STATE OF MAHARASHTRA AND ORS

FA/1774/2021 · 2026-08-31

body2021

Judgment text

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1 26-fa-1774-2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1774 OF 2021 Kishan Govindrao Paul VERSUS The State Of Maharashtra And Ors ... Mr. K. V. Patil, Advocate for Appellant Mr. R. K. Ingole, AGP for Respondent-State AND FIRST APPEAL NO. 1775 OF 2021 Ramkisan S/o Bhimrao Suryawanshi VERSUS The State Of Maharashtra And Ors ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 31ST AUGUST, 2026 P.C. :- . First Appeal No.1775 of 2021 was not on board. Upon being mentioned, taken on board. 2. Considering the request advanced by Mr. K. V. Patil, learned Advocate for the respective appellants, the First Appeals are disposed of at admission stage. 3. Feeling aggrieved by the judgment and award dated 14.09.2015, passed by learned Civil Judge Senior Division, Latur in Land Acquisition Reference Nos.9 of 2014 and 26 of 2013 respectively, the respective appellants/claimants are before this Court seeking enhancement of the compensation awarded. 2026:BHC-AUG:40061 2 26-fa-1774-2021 4. Mr. K. V. Patil, learned Advocate for the appellants submits that the issue involved in the present appeals pertains to the nature and quality of the subject land. He would submit that the compensation has been determined on the premise that the subject matter lands were dry lands, whereas ample evidence is available to demonstrate that the lands were irrigated lands. He would submit that the appellants filed a chart seeking an opportunity to adduce evidence to demonstrate on the basis of the revenue entries that the subject matter-lands were having borewells into it and that, there were electricity connections with three-phase load intended for operating the electric motors/borewells. 5. He would submit that the limited prayer in the First Appeals is to give an opportunity to the claimants to lead evidence confined to this aspect. 6. This matter was taken up in the morning session; however nobody appeared for respondent/Acquiring Body. Consequently, the matter was kept back for the second session. In the second session also, despite the name of learned Advocate for the acquiring Body being displayed on the screen, nobody appeared of behalf of the Acquiring Body. 3 26-fa-1774-2021 Hence, I do not find any impediment in disposing the First Appeals by remanding the matters to the Trial Court with liberty to the appellants/claimants to lead evidence only on the point of mutation record and the electricity bills. 7. The appellants/claimants shall appear before the Trial Court on 07.09.2026 alongwith a copy of this order and shall lead his evidence while appearing itself. The Trial Court is requested to conclude the Trial within three months from the date of appearance of the appellants/claimants. 8. It is clarified that the Trial Court shall assess the evidentiary value of the documents and also the entitlement of the appellants/claimants only if the appellants/claimants establishe on the basis of the aforesaid documents that the subject matter lands were having irrigated lands status on the date of notification. It is also clarified that this Court has not expressed any opinion on the merits of the claimants case. 9. With this, First Appeal stands disposed of. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026