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2026 DAILYLAW 15986 (BOM)

GODAWARI MARATHDADA IRRIGATION DEVELOPMENT CORPORATION THROUGH THE EXECUTIVE ENGINEER v. MADHAVRAO RAMRAO TONKAKTE

CA/6697/2011 · 2026-09-30

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Judgment text

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FA 855/11 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 318 FIRST APPEAL NO. 855 OF 2011 THE STATE OF MAHARASHTRA AND ORS VERSUS VAJIRASAHEB IBRAHIMSAHEB SAYYED ... AGP for appellants/State : Mr. D.R. Korde ... WITH CIVIL APPLICATION NO. 6699 OF 2011 IN FA/855/2011 ... 319 FIRST APPEAL NO. 858 OF 2011 THE STATE OF MAHARASHTRA AND ORS VERSUS MADHAVRAO RAMRAO TONKAKTE ... AGP for appellants/State : Mr. A.D. Wange ... WITH CIVIL APPLICATION NO. 6697 OF 2011 IN FA/858/2011 ... 320 FIRST APPEAL NO. 859 OF 2011 THE STATE OF MAHARASHTRA AND ORS VERSUS SACHIN SANGAPPA KADGE ... AGP for appellants/State : Mr. B.A. Shinde ... WITH CIVIL APPLICATION NO. 6694 OF 2011 IN FA/859/2011 WITH CIVIL APPLICATION NO. 17605 OF 2010 IN FA/859/2011 ... 321 FIRST APPEAL NO. 861 OF 2011 THE STATE OF MAHARASHTRA AND ORS VERSUS SAMBHAJI NAGORAO MHETRE ...... AGP for appellants/State : Mr. S.N. Morampalle ... WITH CIVIL APPLICATION NO. 17608 OF 2010 IN FA/861/2011 WITH CIVIL APPLICATION NO. 6692 OF 2011 IN FA/861/2011 ... 2026:BHC-AUG:46561 FA 855/11 & Ors. 2 322 FIRST APPEAL NO. 863 OF 2011 THE STATE OF MAHARASHTRA AND ANR VERSUS DIGAMBAR PARVATRAO BIRADAR ...... AGP for appellants/State : Mr. S.S. Dande ... WITH CIVIL APPLICATION NO. 6690 OF 2011 IN FA/863/2011 … CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 30, 2026 PER COURT :- 1. As the acquisition proceeding is initiated in the year 2005, heard finally with the consent of learned AGP for appellants/State. None for the respondents. 2. By these appeals, the appellants/State assails the judgment and award dated 17.4.2008 passed by the learned Civil Judge, Senior Division, Ahmedpur Campt at Udgir in LAR Nos. 44/2008, 91/2007, 251/2007, 84/2007 and 45/2008, whereby the learned reference court has enhanced the compensation in favour of the original claimants. 3. The lands of the claimants situated at village Gurnal, Taluka Devni, District Latur were acquired for the purpose of construction of Gurnal Storage Tank at village Gurnal, Taluka Devni, District Latur. Notification under section 4 of the Land Acquisition Act came to be published 8.9.2005. Special Land Acquisition Officer (SLAO) declared award on 9.6.2006 and has granted compensation at the rate of Rs.57,650/- per H. for dry land, Rs.64,000/- per H. for seasonally irrigated lands and Rs.79,500/- per H. for irrigated lands. The claimants received the amount under protest and sought reference under section 18 of the Act as SLAO has granted very FA 855/11 & Ors. 3 meager and inadequate compensation. 4. Before the reference court the claimants relied upon the sale instance, Exh. 22, dated 15.11.2003, by which 81 R. land was sold for consideration of Rs. 3,50,000/- i.e. Rs.4320/- per R. The said sale instance was in respect of land from adjacent village Sindhikamath, Taluka Deoni and was prior to section 4 notification. Considering that the acquired lands in the present cases are Jirayat lands, the learned referenc court has awarded compensation at the rate of Rs.3000/- per R. On perusal of the same, it appears that the compensation is not awarded as per the sale instance, Exh. 22 and therefore, this Court is of the view that the compensation awarded by the reference court is just, reasonable and proper and not exorbitant. No case is made out for interference. Hence, the appeals filed by the State are dismissed. Pending civil applications, if any, also stand disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/