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2025 DAILYLAW 18583 (BOM)

THE STATE OF MAHARSHTRA AND ORS v. VITTHAL MANIKRAO KULKARNI DIED THL LRS RAMRAO VITTHALRAO KULKARNI AND ORS

CA/11256/2011 · 2025-08-14

Shri Kishore C Sant

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Judgment text

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1 CA 11255-2011.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11255 OF 2011 IN FIRST APPEAL (STAMP) NO. 16669 OF 2011 1. The State of Maharashtra, Through District Collector, Latur. 2. The Deputy Collector & The Special Land Acquisition Officer Udgir. 3. The Tahsildar, Tahsil Office, Nilanga .. Applicants [orig. Respondents] Versus Vitthal s/o Manikrao Kulkarni (Died) Though L.Rs. 1. Ramrao s/o Vitthalrao Kulmarni Age : major, Occu. : Agri., 2. Baburao s/o Vitthalrao Kulmarni Age : major, Occu. : Agri., 3. Mohanrao s/o Vitthalrao Kulmarni Age : major, Occu. : Agri., All R/o. Jewari, Taluka Nilanga Dist. Latur. .. Respondents [Orig. Claimants] WITH FIRST APPEAL (STAMP) NO. 16669 OF 2011 1. The State of Maharashtra, Through District Collector, Latur. 1 of 5 2025:BHC-AUG:24210 2 CA 11255-2011.odt 2. The Deputy Collector & The Special Land Acquisition Officer Udgir. 3. The Tahsildar, Tahsil Office, Nilanga .. Appellants [orig. Respondents] Versus Vitthal s/o Manikrao Kulkarni (Died) Though L.Rs. 1. Ramrao s/o Vitthalrao Kulmarni Age : major, Occu. : Agri., 2. Baburao s/o Vitthalrao Kulmarni Age : major, Occu. : Agri., 3. Mohanrao s/o Vitthalrao Kulmarni Age : major, Occu. : Agri., All R/o. Jewari, Taluka Nilanga Dist. Latur. .. Respondents [Orig. Claimants] WITH CIVIL APPLICATION NO. 11256 OF 2011 IN FIRST APPEAL (STAMP) NO. 16669 OF 2011 1. The State of Maharashtra, Through District Collector, Latur. 2. The Deputy Collector & The Special Land Acquisition Officer Udgir. 3. The Tahsildar, Tahsil Office, Nilanga .. Applicants [orig. Respondents] Versus 2 of 5 3 CA 11255-2011.odt Vitthal s/o Manikrao Kulkarni (Died) Though L.Rs. 1. Ramrao s/o Vitthalrao Kulmarni Age : major, Occu. : Agri., 2. Baburao s/o Vitthalrao Kulmarni Age : major, Occu. : Agri., 3. Mohanrao s/o Vitthalrao Kulmarni Age : major, Occu. : Agri., All R/o. Jewari, Taluka Nilanga Dist. Latur. .. Respondents [Orig. Claimants] Mr. R. B. Dhaware, AGP for the Appellants/Applicants/State. CORAM : KISHORE C. SANT, J. DATE : 14th AUGUST, 2025. FINAL ORDER :- CIVIL APPLICATION NO. 11255 OF 2011 : 1. Heard. 2. For the reasons recorded in the civil application, delay stands condoned. Civil application is allowed and disposed of. FIRST APPEAL (STAMP) NO. 16669 OF 2011: 1. Heard. This appeal is filed by the State challenging judgment and award dated 04.12.2009, passed by the learned District Judge – 1, Nilanga in LAR No. 121/2001. 3 of 5 4 CA 11255-2011.odt 2. The land of the respondents-claimants came to be acquired for rehabilitation of village Pimpalwadi. Notification under section 4 of the Land Acquisition Act in respect of land acquisition was issued on 08.07.1994. The particulars of the proceeding, measurement of land acquired, compensation awarded by the learned Special Land Acquisition Officer and the learned Reference Court are as under :- Sr. No First Appeal (Stamp) No. LAR No. Land Acquired Award by SLAO Rs. per H Award by Ref. Court Rs. per H 1. 16669/2011 121/2001 02 H 64700/- 187500/- 3. The Government of Maharashtra vide Government Resolution dated 03.11.2016 and Corrigendum dated 23.02.2017, took a decision to settle the appeals by accepting the market rates determined by the Reference Court, which are within parameters set out in the Government Resolution. In the present appeal, the compensation awarded by the learned Reference Court is within four times the compensation awarded by the learned Special Land Acquisition Officer. The learned AGP also could not point any illegality or perversity in the impugned judgment and award. No purpose would be served by keeping the appeal pending. 4 of 5 5 CA 11255-2011.odt 4. Therefore, the First Appeal is disposed off. 5. In view of disposal of First Appeal, pending civil application for stay also stands disposed off. ( KISHORE C. SANT, J. ) P.S.B. 5 of 5