The State Of Mah v. Shiva Isahwara Kadam, Died Thr. L.Rs. Sushilabai And ORS

2025:BHC-AUG:21037 ( 1 ) fast9114.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL ST. NO. 9114 OF 2012 THE STATE OF MAHARASHTRA

VERSUS

LAXMAN KRISHNA TARMUDE AND ANR.

WITH C.A.NO. 5436 OF 2021, C.A. NO. 4881 OF 2012, C.A. NO. 2741 OF 2024 AND FIRST APPEAL ST. NO. 9121 OF 2012 THE STATE OF MAHARASHTRA

VERSUS

SHIVA ISHWARA KADAM DIED THR.LRS. AND ORS.

WITH C.A. NO. 4885 OF 2012, C.A. NO. 6214 OF 2023 AND FIRST APPEAL ST. NO. 9066 OF 2012 THE STATE OF MAHARASHTRA

VERSUS

BALIRAM SAKHARAM KADAM AND ANR.

WITH C.A. NO. 4879 OF 2012, C.A. NO. 5437 OF 2021 Mr. S.B. Jadhav, AGP for the applicant-State.

CORAM

: KISHORE C. SANT, J.

DATE : 05.08.2025 PC :- 01.

Heard. These appeals are filed by the State challenging a common judgment and award dated 20.12.2010, passed by the learned Civil Judge, Senior Division, Omerga in LAR Nos. 1322 of 2009 with connected matters. These appeals are arising out of same acquisition proceeding and common judgment and award. Therefore, same are taken up together and are being disposed off. 02.

The land of the respondents came to be acquired for

( 2 ) fast9114.12 Kanegaon Percolation Tank. Notifications under section 4 of the Land Acquisition Act in respect of land acquisition were issued on 14.04.1989 and 10.09.1993 respectively. The particulars of the proceedings, measurement of land acquired, compensations awarded by the learned Special Land Acquisition Officer and the learned Reference Court are as under :- Sr.No First Appeal (St) No.

LAR No.

Land Acquired Award by SLAO Rs. per R Award by Ref. Court Rs. per R 9066/2012 1322/2009 80 R 7600/- 29360/- 9121/2012 1325/2009 70 R 6650/- 25691/- 9114/2012 1329/2009 60 R & 50 R 10450/- 40,370/- 03.

The Government of Maharashtra vide Government Resolution dated 03.11.2016 and Corrigendum dated 23.02.2017, took a decision to settle the appeals by accepting the market rates determined by the Reference Court, which are within parameters set out in the Government Resolution. In the present appeals, the compensation awarded by the learned Reference Court is within four times the compensation awarded by the learned Special Land Acquisition Officer. The learned AGP also could not point any illegality or perversity in the impugned judgment and award. No purpose would be served by keeping the appeals pending. 04.

Therefore, the First Appeals are disposed off. Pending Civil Applications stand disposed off.

[KISHORE C. SANT, J.] snk/2025/Aug25/fast9114.12