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2026 DAILYLAW 17097 (BOM)

THE STATE OF MAHARASHTRA AND ANR v. GHITRASEN MALHARI GAIKWAD (DIED) LRS ANJANABAI CHITRASEN GAIKWAD AND ORS

FA/193/2015 · 2026-09-29

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Dilwale 1 257 & 258-FA-190-191-15.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 257 FIRST APPEAL NO. 190 OF 2015 The State Of Maharashtra And Anr VERSUS Ashok Sudam Gaikwad ... AGP for Appellants/State : Mr. S. S. Dande Advocate for Respondent : Mr. Patne Santosh N ... 258 FIRST APPEAL NO. 191 OF 2015 The State Of Maharashtra And Anr VERSUS Parmeshwar Maruti Gaikwad ... AGP for Appellants/State : Mr. A. M. Phule Advocate for Respondent : Mr. Santosh N Patne ... WITH FIRST APPEAL NO. 192 OF 2015 The State Of Maharashtra And Anr VERSUS Sambha Malhari Gaikwad And Ors WITH FIRST APPEAL NO. 193 OF 2015 The State Of Maharashtra And Anr VERSUS Ghitrasen Malhari Gaikwad (died) Lrs Anjanabai Chitrasen Gaikwad And Ors CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 29.09.2026 PER COURT : 1. As the acquisition proceeding is of the year 1990, the appeals are being heard finally with the consent of learned counsel for the respective parties. 2026:BHC-AUG:46996 Dilwale 2 257 & 258-FA-190-191-15.odt 2. The appellants/State are assailing the judgment and award dated 26.02.2008 passed by Joint Civil Judge, Senior Division, Osmanabad in LAR Nos.360, 361, 362 and 363 of 1996, whereby learned Reference Court has enhanced the compensation. 3. The land of the claimants from village Kerur, Tal. Tuljapur Dist. Osmanabad was acquired for the purpose of Palas-Nilegaon Minor Irrigation Tank. The notification under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) was published on 23.09.1990. Award under Section 11 of the Act was passed on 12.03.1996. 4. Both counsel submit that present appeals can be disposed of in view of order passed by this Court in Civil Application No.14676/2010 in First Appeal (ST) No.24300 of 2010 on 12.09.2011 arising out of same project. 5. As this Court has already decided the appeal arising out of same project., I am inclined to adopt the same view. The present appeals are disposed of in view of the order passed by this Court in Civil Application No.14676/2010 in First Appeal (ST) No.24300 of 2010 on 12.09.2011, wherein this Court has dismissed the appeal filed by the State. 6. Hence, the present appeals filed by State are dismissed. No order as to costs. 7. Pending civil applications also stand disposed of. [ SIDDHESHWAR S. THOMBRE, J. ]