Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 17188 (BOM)

STATE OF MAHA v. KONDIBA LAXMAN GAIKWAD

FA/1146/2009 · 2026-09-29

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Dilwale 1 293-fa-1146-09.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 293 FIRST APPEAL NO. 1146 OF 2009 State Of Maharashtra VERSUS Kondiba Laxman Gaikwad ... AGP for Appellant/State : Mr. S. S. Dande Advocate for Respondent : Mr. V. D. Gunale ... WITH FIRST APPEAL NO. 1147 OF 2009 State Of Maharashtra VERSUS Govindrao Apparao Chaval CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 29.09.2026 PER COURT : 1. As the acquisition proceeding is of the year 1995, the appeals are being heard finally with the consent of learned counsel for the respective parties. 2. By these appeals, the appellant is aggrieved by the judgment and award dated 31.12.2002 passed by the learned CJSD, Jalna in LAR Nos.86 and 88 of 2001, whereby the learned Reference Court enhanced the compensation. 3. The land of the claimants from village Wanjola Tal. Mantha Dist. Jalna was acquired for construction of Lower Dudhna Project. 2026:BHC-AUG:46976 Dilwale 2 293-fa-1146-09.odt Notification under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) was published on 13.07.1995, award was passed on 31.03.1999, notice under Section 12(2) was issued on 29.06.1999. 4. Learned AGP submits that the compensation granted by the learned Reference Court is within four times the compensation granted 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 Appeals are dismissed. 7. In view of dismissal of the Appeals, pending Civil Applications, if any, do not survive and are disposed of accordingly. [ SIDDHESHWAR S. THOMBRE, J. ]