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2024 DAILYLAW 1516 (BOM)

THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR v. ASHOK HIRAJI DEOKARE

FA/629/2014 · 2026-02-06

Shri Sanjay A Deshmukh

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Judgment text

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1 948 First Appeal 624 of 2024 ORS-Group.odt THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. FIRST APPEAL NO. 624 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Shankar s/o. Kishanrao Biradar, Age-58 years, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) AND FIRST APPEAL NO. 633 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus 1. Hansraj s/o. Pandurang Biradar, Age 21 years, 2. Narsing s/o. Pandurang Biradar, Age 21 years, Both Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondents (Ori. Claimants) 2026:BHC-AUG:9873 2 948 First Appeal 624 of 2024 ORS-Group.odt AND FIRST APPEAL NO. 623 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Dnyanoba s/o. Sayduram Biradar, Age 60 years, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) AND FIRST APPEAL NO. 627 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Saiduram s/o. Bapurao Biradar, Age 65 years, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) AND FIRST APPEAL NO. 620 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 3 948 First Appeal 624 of 2024 ORS-Group.odt 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Suresh s/o. Pundlik Deokare, Age 30 years, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) AND FIRST APPEAL NO. 619 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Kishanrao s/o. Govindrao Telange, Age 75 years, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) AND FIRST APPEAL NO. 625 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Pandhari s/o. Ramchandra Kirwade, Age 27 years, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) 4 948 First Appeal 624 of 2024 ORS-Group.odt AND FIRST APPEAL NO. 621 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Madhav s/o. Shivram Darshane, Age 45 years, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) AND FIRST APPEAL NO. 626 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus 1. Shankar s/o. Kishanrao Biradar, Age 30 years, 2. Gorakh s/o. Kishanrao Biradar, Age 40 years, Both Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondents (Ori. Claimants) 5 948 First Appeal 624 of 2024 ORS-Group.odt AND FIRST APPEAL NO. 632 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Gunda s/o. Sadba Telange, Age - Major, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) AND FIRST APPEAL NO. 622 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Kisan s/o. Saiduram Biradar, Age 45 years, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) AND FIRST APPEAL NO. 629 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 6 948 First Appeal 624 of 2024 ORS-Group.odt 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Ashok s/o. Hiraji Deokare, Age - Major, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) AND FIRST APPEAL NO. 628 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Kishan s/o. Ramrao Biradar, Age 60 years, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) AND FIRST APPEAL NO. 618 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Pandurang s/o. Nivrutti Biradar, Age 40 years, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) 7 948 First Appeal 624 of 2024 ORS-Group.odt AND FIRST APPEAL NO. 630 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Kerba s/o. Shivram [Died], Narsing s/o Kerba Darahane, Age 35 years, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) AND FIRST APPEAL NO. 631 OF 2014 1. The State of Maharashtra, Through The Collector, Collectorate, Latur. 2. The Executive Engineer, Minor Irrigation Division, Latur. … Appellants (Orig. Respondents) Versus Prabhu s/o. Rama Mule, Age-Major, Occup. Agriculture, R/o. Kini [Yelladevi], Tq. Udgir, Dist. Latur. … Respondent (Ori. Claimant) … Mr. D. J. Patil, AGP for Appellants / State. Mr. H. B. Nandagavale, Advocate for the Claimants. … 8 948 First Appeal 624 of 2024 ORS-Group.odt CORAM : SANJAY A. DESHMUKH, J. DATE : 06th February, 2026. ORAL JUDGMENT: 1 These appeals are preferred by the State Government against the common judgment and award dated 18th December, 2007, passed by the learned Land Reference Court, District Latur, in Land Acquisition References, as per the following chart:- Sr. No. Appeal No. LAR No. 1 FIRST APPEAL NO. 624 OF 2014 LAR No.3197 of 2001 2 FIRST APPEAL NO. 633 OF 2014 LAR No.3209 of 2001 3 FIRST APPEAL NO. 623 OF 2014 LAR No.3213 of 2001 4 FIRST APPEAL NO. 627 OF 2014 LAR No.3244 of 2001 5 FIRST APPEAL NO. 620 OF 2014 LAR No.3205 of 2001 6 FIRST APPEAL NO. 619 OF 2014 LAR No.3181 of 2001 7 FIRST APPEAL NO. 625 OF 2014 LAR No.3182 of 2001 8 FIRST APPEAL NO. 621 OF 2014 LAR No.3245 of 2001 9 FIRST APPEAL NO. 626 OF 2014 LAR No.3206 of 2001 10 FIRST APPEAL NO. 632 OF 2014 LAR No.3207 of 2001 11 FIRST APPEAL NO. 622 OF 2014 LAR No.3208 of 2001 12 FIRST APPEAL NO. 629 OF 2014 LAR No.3180 of 2001 13 FIRST APPEAL NO. 628 OF 2014 LAR No.3176 of 2001 14 FIRST APPEAL NO. 618 OF 2014 LAR No.3177 of 2001 15 FIRST APPEAL NO. 630 OF 2014 LAR No.3178 of 2001 16 FIRST APPEAL NO. 631 OF 2014 LAR No.3179 of 2001 9 948 First Appeal 624 of 2024 ORS-Group.odt 2 The learned AGP for the appellants pointed out that the agricultural lands of these claimants were acquired by the State for the purpose of construction of Minor Irrigation Tank at village Sukni, Tahsil Udgir, District Latur. He further pointed out the pleadings, evidence and reasons and findings of the learned Reference Court in impugned judgment and award. He submitted that exorbitant amount of compensation is awarded. From paragraph No.20 onwards of the impugned judgment, it is pointed out that sale exemplars at Exhibits – 34 and 35 are improperly appreciated by the learned Reference Court. The compensation was awarded @ Rs.3100/- per R for non- irrigated lands and Rs.4650/- per R for irrigated lands, which is not the real market value of the acquired lands. He submitted that the impugned judgment and award are illegal, incorrect and requires interference. He prayed to allow these appeals. 3 The learned counsel for the claimants strongly opposed the appeals and pointed out the sale exemplars at Exhibits – 34 and 35 and submitted that the notification under Section 4 of the Land Acquisition Act, 1894 (for short, “said Act”) was published on 12th January, 1989, and both the sale exemplars were executed one year prior to the said notification. Therefore, the learned Reference Court had rightly increased 10% compensation for escalation of value of the 10 948 First Appeal 624 of 2024 ORS-Group.odt property. There is absolutely no illegality and perversity in the impugned judgment and award. He, therefore, prayed to dismiss these appeals. 4 Perused the impugned judgment, the evidence, the grounds of objections in the appeals and the reasons and findings of the learned Reference Court. 5 On perusal of the sale exemplars at Exhibits – 34 and 35, alongwith the reasons in paragraphs No.20 and onwards of the impugned judgment and award, it appears that the learned Reference Court has rightly relied upon the sale exemplars at Exhibits – 34 and 35 and held that those were comparable sale exemplars. The learned Reference Court has rightly awarded 10% increase of compensation for escalation in the value of the property. 6 The reasons and findings recorded by the learned Reference Court are legal and correct and no interference is warranted in it. There is no substance in the grounds of objections in these appeals. The appeals deserve to be dismissed. All the first appeals are dismissed with no order as to costs. [ SANJAY A. DESHMUKH, J. ] nga