State Of Maharashtra v. Usha Janaralsing Thakur
2025:BHC-AUG:24969 1 62-FA 1359-2007.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD FIRST APPEAL NO. 1359 OF 2007 State Of Maharashtra Through Collector, Latur .. Appellant
Versus
Namdeo Tatyarao Khochare Age : 45 years, Occu. : Agri.
R/o. Akharwai, Tq. Latur.
.. Respondent AND FIRST APPEAL NO. 1360 OF 2007 State Of Maharashtra Through Collector, Latur .. Appellant
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Kanyaka Parmeshwari Sahakari Grah Nirman Sanstha Through its Chairman Ramchandra N. Deshatwar, R/o. Latur .. Respondent AND FIRST APPEAL NO. 1358 OF 2007 State Of Maharashtra Through Collector, Latur .. Appellant
Versus
Subhash Gulabchand Somani Age : 37 years, Occu. : Agri., R/o. Harangul (bk.) Tq. Latur .. Respondent
2 62-FA 1359-2007.odt AND FIRST APPEAL NO. 1361 OF 2007 State Of Maharashtra Through Collector, Latur .. Appellant
Versus
Ramkrishna Krishna Tigile Age : 45 years, Occu. : Agri.
R/o. Akharvai, Tq. Latur.
.. Respondent AND FIRST APPEAL NO. 1357 OF 2007 State Of Maharashtra Through Collector, Latur .. Appellant
Versus
Sau. Usha Janaralsing Thakur Age : 40 years, Occu. : Agri., R/o. Harangul (bk), Tq. Latur, Dist. Latur .. Respondent Mr. R. B. Dhaware, Advocate for the Appellants. CORAM : KISHORE C. SANT, J.
DATE : 15th SEPTEMBER, 2025.
ORAL JUDGMENT :- .
This group of appeals is by the State of Maharashtra challenging common judgment and award passed by the learned C.J.S.D., Latur dated 27.12.1995 passed in respective L.A.Rs. as per the chart given below :
3 62-FA 1359-2007.odt Sr.
No First Appeal No.
LAR No.
Land Acquired SLAO Rate Reference Court Rate 1359/2007 500/1991 2 H 94 R 203371 Sq.ft.
2.50/- per Sq.ft.
3.55 per Sq.ft.
1357/2007 496/1991 2 H 28 R 186219 Sq.ft.
2.50/- per Sq.ft.
3.55 per Sq.ft.
1358/2007 497/1991 37 R 30220 Sq.ft.
2.50/- per Sq.ft.
3.55 per Sq.ft.
1360/2007 502/1991 38 R 31037 Sq.ft.
2.50/- per Sq.ft.
3.55 per Sq.ft.
1361/2007 70/1992 4 R 2.50/- per Sq.ft.
5.55 per Sq.ft.
2.
The land of the claimants came to be acquired for construction of Air Strip at Latur. A notification under section 4 of the Land Acquisition Act was issued on 06.07.1989. The possession of the lands was taken on 14.02.1987 i.e. prior to notification under section 4 of the Land Acquisition Act. The learned S.L.A.O. awarded compensation at the rate of Rs. 2.50 per sq.ft. By way of impugned award the same is enhanced to Rs. 3.55 per sq.ft. In First Appeal No. 1361/2007 the compensation enhanced to Rs. 5.55 per sq.ft. This Court finds that, the enhancement is within four times of the amount of compensation awarded by the learned S.L.A.O. in award. 3.
Now, the Government of Maharashtra has laid down a policy vide Government Resolution dated 03.11.2016 and Corrigendum
4 62-FA 1359-2007.odt dated 23.02.2017. By way of said policy, it is decided not to file appeals where the amount of compensation enhanced is less than four times of the amount awarded by the learned S.L.A.O. 4.
Considering the above, this Court finds that, all these first appeals cannot be entertained. Even on merits this Court finds that, no case is made out. Therefore, the first appeals stands dismissed. No order as to costs. Pending civil application, if any, also stands disposed of.
5.
Cross objection be considered separately.
( KISHORE C. SANT, J. ) P.S.B.