Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 17103 (BOM)

THE STATE OF MAHARASHTRA AND ANR v. VITHAL VISHWANATH BIRADAR

FA/2050/2009 · 2026-09-29

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Dilwale 1 299-FA-2050-09.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 299 FIRST APPEAL NO. 2050 OF 2009 The State Of Maharashtra And Anr VERSUS Vithal Vishwanath Biradar ... AGP for Appellants/State : Mr. A. M. Phule Advocate for Respondent : Mr. H. B. Nandgavale h/f Mr. V G Sakolkar ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 29.09.2026 PER COURT : 1. As the acquisition proceeding is of the year 1995, the appeal is being heard finally with the consent of learned counsel for the respective parties. 2. By this appeal, the appellants are aggrieved by the judgment and award dated 10.04.2006 passed by the learned Adhoc Additional District Judge, Udgir in LAR No.687/2002, whereby the learned Reference Court enhanced the compensation. 3. The land of the claimants was acquired for Minor Irrigation Tank, Bhopani. Notification under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) was published on 20.09.1995, award under Section 11 of the Act was passed on 22.01.2001. 4. Both learned counsel submit that the compensation granted by the learned Reference Court is within four times the compensation granted 2026:BHC-AUG:46975 Dilwale 2 299-FA-2050-09.odt by the SLAO. 5. In fact the State Government vide Government Resolution No.Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 3rd November 2016 with Corrigenda dated 23rd February 2017 and 13th August 2018 to the said Government Resolution, took a decision not to challenge the reference, if compensation is enhanced only upto four times. 6. Therefore, I do not find any reason to intervene with the impugned award. Hence, the present Appeal is dismissed. 7. In view of dismissal of the Appeal, pending Civil Applications, if any, do not survive and are disposed of accordingly. [ SIDDHESHWAR S. THOMBRE, J. ]