STATE OF MAHARASHTRA v. SINDHUBAI CHANDRAKANT PATIL
CA/2044/2012 · 2026-09-30
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DailyLaw.ai
[ 2026 DAILYLAW 16055 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16055 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CA 2043/12 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 350 CIVIL APPLICATION NO. 2043 OF 2012 IN FAST/15822/2001 STATE OF MAHARASHTRA VERSUS SINDHUBAI CHANDRAKANT PATIL ... AGP for applicant/State : Mr. B.A. Shinde ... WITH CIVIL APPLICATION NO. 2044 OF 2012 IN FAST/15822/2001 … CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 30, 2026 PER COURT :-
1. In civil application filed for condonation of delay, heard the learned AGP for the State. For the averments made in the application, the application is allowed. Delay is condoned.
2. As the acquisition proceeding is initiated in the year 1985, heard finally at admission stage with the consent of learned AGP.
3. By this appeal, the appellant/State assails the judgment and award dated 3.4.2000 passed by the learned Civil Judge, Senior Division, Jalgaon in LAR No. 1881/1998, whereby the learned reference court has enhanced the compensation.
4. The lands of the claimant admeasuring 5 H. 32 R. from Gat No. 395 situated at village Yengaon, Taluka Bhusawal, District Jalgaon was acquired for percolation tank at village Alangaon. Notification under section 4 of the Land Acquisition Act came to be published on 2.5.1985. The SLAO has granted compensation of Rs.21,320/-. Therefore, the claimants filed reference under section 18 of the Act by contending that the SLAO has 2026:BHC-AUG:46786
CA 2043/12 2 granted very meager compensation. The claimants relied upon sale instance, Exh. 13, from village Bodwad, by which 81 R. land and 7 R. potkharab land was sold for Rs.37,000/- on 27.12.1982. The reference court by granting 10% escalation considered that the rate comes to Rs.59,382/-. As the sale instance is from other village, the learned reference court has reduced the amount and has granted compensation at the rate of Rs.50,000/- per H. After going through the impugned judgment and award of the reference court, this court is of the view that the reference court has not granted any exorbitant compensation. Hence, no case is made out for interference. The appeal is therefore dismissed. Pending civil application, if any, also stands disposed of.
( SIDDHESHWAR S. THOMBRE, J. ) ssc/