THE STATE OF MAH AND ORS v. DHANRAJ PREMNATH JADHAV
CA/4585/2012 · 2025-08-14
Shri Kishore C Sant
body2025
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[ 2025 DAILYLAW 9587 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9587 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 CA 4585-2012.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4585 OF 2012 IN FIRST APPEAL (STAMP) NO. 5460 OF 2012
1. The State of Maharashtra, Through the Collector, Latur.
2. The Additional Collector, Rehabilitation of Earthquake affected area, District – Latur.
3. The Land Acquisition Officer and Sub-Divisional Officer, Latur. .. Applicants [orig. Respondents] Versus Shri Dhanraj s/o Premnath Jadhav, Age : 55 years, Occu. : Agri., R/o. Mangrul, Tq. Ausa, Dist. Latur. .. Respondent [Orig. Claimant] WITH FIRST APPEAL (STAMP) NO. 5460 OF 2012
1. The State of Maharashtra, Through the Collector, Latur.
2. The Additional Collector, Rehabilitation of Earthquake affected area, District – Latur.
3. The Land Acquisition Officer and Sub-Divisional Officer, Latur. .. Appellants [orig. Respondents] Versus Shri Dhanraj s/o Premnath Jadhav,
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2 CA 4585-2012.odt Age : 55 years, Occu. : Agri., R/o. Mangrul, Tq. Ausa, Dist. Latur. .. Respondent [Orig. Claimant] WITH CIVIL APPLICATION NO. 4586 OF 2012 IN FIRST APPEAL (STAMP) NO. 5460 OF 2012
1. The State of Maharashtra, Through the Collector, Latur.
2. The Additional Collector, Rehabilitation of Earthquake affected area, District – Latur.
3. The Land Acquisition Officer and Sub-Divisional Officer, Latur. .. Applicants [orig. Respondents] Versus Shri Dhanraj s/o Premnath Jadhav, Age : 55 years, Occu. : Agri., R/o. Mangrul, Tq. Ausa, 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. 4585 OF 2012 :
1. Heard.
2. For the reasons recorded in the civil application, delay
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3 CA 4585-2012.odt stands condoned. Civil application is allowed and disposed of.
FIRST APPEAL (STAMP) NO. 5460 OF 2012 :
1. Heard. This appeal is filed by the State challenging
judgment and award dated 12.10.2007, passed by the learned 2nd Joint Civil Judge, Senior Division, Latur in LAR No. 107/2001.
2. The land of the respondent-claimant came to be acquired for rehabilitation of the villagers suffered by earthquake. Notification under section 4 of the Land Acquisition Act was issued on
28.12.1995. 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 Acre Award by Ref. Court Rs. per Acre
1. 5460/2012 107/2001 0.55 R 8000/- 30000/-
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
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4 CA 4585-2012.odt 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 out 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.
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