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2026 DAILYLAW 16662 (BOM)

THE STATE OF MAH AND ANR v. GOVIND LAXMAN PAWAR

FA/1272/2011 · 2026-09-30

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Judgment text

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FA 1688/11 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 917 FIRST APPEAL NO. 1686 OF 2011 THE STATE OF MAHARASHTRA VERSUS GOVIND BANSILAL DHOOT ... WITH CIVIL APPLICATION NO. 6328 OF 2009 IN FA/1686/2011 … 918 FIRST APPEAL NO. 1688 OF 2011 THE STATE OF MAHARASHTRA AND ORS VERSUS SADASHIV SHANKAR PAWAR L.RS. MALANBAI SADASHIV PAWAR AND ORS ... WITH CIVIL APPLICATION NO. 6325 OF 2009 IN FA/1688/2011 … 323 FIRST APPEAL NO. 1273 OF 2011 THE STATE OF MAHARASHTRA VERSUS SUDHIR GOVIND PAWAR ... WITH FIRST APPEAL NO. 1272 OF 2011 … FIRST APPEAL NO. 1687 OF 2011 THE STATE OF MAHARASHTRA VERSUS BANSILAL S/O PANNLAL DHOOT ... AGPs for Appellant/State : Mr. B.A. Shinde, Mr. S.N. Morampalle & Mr. A.M. Phule in respective matters. Advocate for Respondents/claimants : Mr. B.K. Pawar in all matters. ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 30, 2026 PER COURT :- 2026:BHC-AUG:46773 FA 1688/11 & Ors. 2 1. FA No. 1687/2011 is not on board. Taken on board. 2. As the acquisition proceedings is initiated long back, heard finally with the consent of learned counsel for respective parties. 3. By these first appeals, the appellant/State assail the judgment and award dated 24.4.2008 and 30.8.2008, respectively passed by the learned Civil Judge, Senior Division, Omerga, District Osmanabad in LAR Nos. 128/2005, 55/2005, 250/2004, 239/2004 and 127/2005, whereby the learned reference court has enhanced compensation at the rate of Rs.40,000/- per Acre. The record does not reveal that any compensation was awarded towards fruit bearing trees. 4. The details of the lands of the claimants are as under :- Sr. No. FA No. LAR No. Gat No. Area acquired 1 1686/2011 128/2005 88/2 2 H. 25 R. 2 1688/2011 55/2005 87/89/2 42 R. & 6 R. 3 1273/2011 250/2004 64/7 85 R. 4 1272/2011 239/2004 64/8 18 R. 5 1687/2011 127/2005 88/1 1 H. 70 R. The above lands of the claimants situted at village Naichakur, Tq. Omerga, District Osmanabad were acquired for Saravadi Minor Irrigation Tank project at village Sarvadi. After publication of notification under section 4 of the Land Acquisition Act, the Special Land Acquisition Officer (SLAO) has passed the award under section 11 of the Act on 13.9.1990 and 17.12.1990. The SLAO has granted very meager and inadequate compensation. The claimants received the amount under protest and sought reference u/s. 18 of the Act. The claimants relied upon sale instance, Exh. 34 of the year 1991 by which 18 R. land from Survey No. 81 was sold for FA 1688/11 & Ors. 3 Rs.30000/-. As far as another sale instance is concerned, 2 R. land was sold for Rs.15,000/-. Considering the above sale instances which were from the same village, the learned reference court has enhanced compensation at the rate of Rs.40,000/- per Acre for dry land. 5. After going through the impugned judgment and award of the reference court, it appears that the reference court has enhanced compensation on the basis of above sale instances which are from the same village. In LAR No. 127/2005, the learned reference court has also granted Rs.1,32,000/- towards six mango trees, Rs.10,000/- for Kotha and Rs.15,000/- for six bore trees. Considering the discussion made above, this court is of the view that the compensation awarded by the reference court is just, proper and reasonable and no exorbitant or excessive compensation is awarded. Therefore, there is no scope for interference in the impugned judgment and order. Hence, the appeals filed by the State are dismissed. Pending civil applications, if any, stand disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/