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2025 DAILYLAW 19527 (BOM)

THE STATE OF MAH AND ORS v. PANDURANG LAXMAN KOKATE

CA/11416/2010 · 2025-08-14

Shri Kishore C Sant

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Judgment text

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1 CA 11415-2010.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11415 OF 2010 IN FIRST APPEAL (STAMP) NO. 18611 OF 2010 1. The State of Maharashtra, Through Collector, Latur. 2. The Executive Engineer, Local Sector, Latur. .. Applicants [orig. Respondents] Versus Pandurang s/o Laxman Kokale Age : 60 years, Occu. : Agri., R/o. Mandani, Tq. Ahmedpure Dist. Latur. .. Respondent [Orig. Claimant] WITH FIRST APPEAL (STAMP) NO. 18611 OF 2010 1. The State of Maharashtra, Through Collector, Latur. 2. The Executive Engineer, Local Sector, Latur. .. Appellants [orig. Respondents] Versus Pandurang s/o Laxman Kokale Age : 60 years, Occu. : Agri., R/o. Mandani, Tq. Ahmedpure Dist. Latur. .. Respondent [Orig. Claimant] 1 of 4 2025:BHC-AUG:24216 2 CA 11415-2010.odt WITH CIVIL APPLICATION NO. 11416 OF 2010 IN FIRST APPEAL (STAMP) NO. 18611 OF 2010 1. The State of Maharashtra, Through Collector, Latur. 2. The Executive Engineer, Local Sector, Latur. .. Applicants [orig. Respondents] Versus Pandurang s/o Laxman Kokale Age : 60 years, Occu. : Agri., R/o. Mandani, Tq. Ahmedpure Dist. Latur. .. Respondent [Orig. Claimant] Mr. R. B. Dhaware, AGP for the Appellants/Applicants/State. CORAM : KISHORE C. SANT, J. DATE : 14th AUGUST, 2025. FINAL ORDER :- CIVIL APPLICATION NO. 11415 OF 2010 : 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. 18611 OF 2010 : 1. Heard. This appeal is filed by the State challenging 2 of 4 3 CA 11415-2010.odt judgment and award dated 11.04.2008, passed by the learned Civil Judge Senior Division, Ahmedpur, District Latur in LAR No. 177/2007. 2. The land of the respondent-claimant came to be acquired for percolation tank at Mandani, Tq. Ahmedpur, Dist. Latur. Notification under section 4 of the Land Acquisition Act in respect of land acquisition was issued on 24.06.2004. 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. 18611/2010 177/2007 - 75500/- 260000/- 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 3 of 4 4 CA 11415-2010.odt 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. 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. 4 of 4