The State Of Maharashtra And ANR v. Tulshiram Govind Dadge

2025:BHC-AUG:23142 ( 1 ) [This order is corrected pursuant to speaking to the minutes order dated 22.08.2025]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 89 FIRST APPEAL NO. 2431 OF 2014 THE STATE OF MAHARASHTRA AND ANR TULSHIRAM GOVIND DADGE FIRST APPEAL NO. 2416 OF 2014 THE STATE OF MAHARASHTRA AND ANR HARIBA NARSING SHARWALE DIED TH LRS SMT RATNABAI HARIBA SHARWALE FIRST APPEAL NO. 2433 OF 2014 THE STATE OF MAHARASHTRA AND ANR HARI VENKATRAO BIRADAR AND ANR FIRST APPEAL NO. 2430 OF 2014 THE STATE OF MAHARASHTRA AND ANR VITHAL BAPURAO MALGE FIRST APPEAL NO. 2426 OF 2014 THE STATE OF MAHARASHTRA AND ANR YENKA DEORAO BIRADAR CIVIL APPLICATION NO. 14180 OF 2023 IN FA/2415/2014 BHAGWAN VENKATRAO BIRADAR CIVIL APPLICATION NO. 14157 OF 2023 IN FA/2427/2014 DATTAJI BAJIRAO SHERWALE (DIED) LRS LAXMIBAI DATTAJI SHERWALE AND ANR CIVIL APPLICATION NO. 14185 OF 2023 IN FA/2438/2014

( 2 ) GOVIND MAROTI BIRADAR (BOBDE) AND ANR CIVIL APPLICATION NO. 14155 OF 2023 IN FA/2436/2014 HARI VENKATRAO BIRADAR CIVIL APPLICATION NO. 14154 OF 2023 IN FA/2431/2014 TULSHIRAM GOVIND DADGE CIVIL APPLICATION NO. 14182 OF 2023 IN FA/2418/2014 GUNWANT BHIMRAO HONALE AND ANR CIVIL APPLICATION NO. 14170 OF 2023 IN FA/2429/2014 BANKAT VITHAL BIRADAR CIVIL APPLICATION NO. 14181 OF 2023 IN FA/2417/2014 MANOHAR BIJIRAO PATIL CIVIL APPLICATION NO. 14179 OF 2023 IN FA/2437/2014 SUMAN MARUTI PATIL (YENKIKAR) (DIED) THR LRS. RAMESH MARUTIRAO PATIL AND ANR CIVIL APPLICATION NO. 14152 OF 2023 IN FA/2428/2014 SAMBHAJI VITHALRAO BIRADAR CIVIL APPLICATION NO. 14163 OF 2023 IN FA/2423/2014

( 3 ) TUKARAM RAJARAM HALANE (DIED) THR LRS. GOVIND TUKARAM HALANE AND ORS CIVIL APPLICATION NO. 14153 OF 2023 IN FA/2432/2014 NARAYAN MADHAVRAO MUNJEWAR (DIED) THR LRS JEEJABAI NARAYAN MUNJEWAR CIVIL APPLICATION NO. 14165 OF 2023 IN FA/2424/2014 GOVIND RAMCHANDRA PATIL THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS CIVIL APPLICATION NO. 14173 OF 2023 IN FA/2434/2014 GITABAI MARUTI BIRADAR (BOBADE) DIED THR LRS. GOVIND MARUTI BIRADAR (BOBADE) AND ORS THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS CIVIL APPLICATION NO. 14171 OF 2023 IN FA/2434/2014 GITABAI MARUTI BIRADAR (BOBADE) DIED THR LRS. GOVIND MARUTI BIRADAR (BOBADE) AND ORS THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS CIVIL APPLICATION NO. 14158 OF 2023 IN FA/2425/2014 SHEWANTABAI DAULATRAO MUNJEWAR (DIED) LRS SHREERANG D.

MUNJEWAR (DIED) THR LRS. MADHAV AND ORS THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS CIVIL APPLICATION NO. 14183 OF 2023 IN FA/2422/2014 VITHAL GUNDAJI DADGE (DIED) THR LRS. SUMITRABAI VITHALRAO DADGE AND ORS THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS CIVIL APPLICATION NO. 14177 OF 2023 IN FA/2435/2014 JEEVAN SUDAMRAO BIRADAR (DIED) THR LRS.

( 4 ) THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS CIVIL APPLICATION NO. 14166 OF 2023 IN FA/2421/2014 CHANDRABHAGABAI HANMANTRAO KINE (DIED) LRS VITHAL HANMANTRAO KINE AND ORS THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS CIVIL APPLICATION NO. 14178 OF 2023 IN FA/2435/2014 JEEVAN SUDAMRAO BIRADAR (DIED) THR LRS. SATYABHAMABAI JEEVAN BIRADAR AND ORS THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS CIVIL APPLICATION NO. 14159 OF 2023 IN FA/2425/2014 SHEWANTABAI DAULATRAO MUNJEWAR (DIED) LRS SHREERANG D. MUNJEWAR (DIED) THR LRS. MADHAV AND ORS THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS CIVIL APPLICATION NO. 14184 OF 2023 IN FA/2422/2014 VITHAL GUNDAJI DADGE (DIED) THR LRS. SUMITRABAI VITHALRAO DADGE AND ORS THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ORS CIVIL APPLICATION NO.

14160 OF 2023 IN FA/2439/2014 BAJIRAO MARUTI BIRADAR (DIED) THR LRS. PARVATIBAI BAJIRAO BIRADAR AND ORS CIVIL APPLICATION NO. 14161 OF 2023 IN FA/2439/2014 BAJIRAO MARUTI BIRADAR (DIED) THR LRS. PARVATIBAI BAJIRAO BIRADAR AND ORS CIVIL APPLICATION NO. 14169 OF 2023 IN FA/2419/2014 YADAVRAO HANUMANTRAO BIRADAR (DIED) THR LRS.

( 5 ) CIVIL APPLICATION NO. 14168 OF 2023 IN FA/2419/2014 YADAVRAO HANUMANTRAO BIRADAR (DIED) THR LRS. MAROTI YADAVRAO BIRADAR AND ORS WITH CIVIL APPLICATION NO. 14167 OF 2023 IN FA/2421/2014 CHANDRABHAGABAI HANMANTRAO KINE (DIED) LRS VITHAL HANMANTRAO KINE AND ORS WITH FIRST APPEAL NO. 2420 OF 2014 THE STATE OF MAHARASHTRA AND ANR. VS. YENKATRAO RAMCHANDRA PATIL Mr. R.B. Dhaware, AGP for the appellant-State. Mr. S.S. Manale, Advocate for the respondents-claimants.

CORAM

: KISHORE C. SANT, J.

DATE : 05.08.2025 PC :- 01.

Heard. These appeals are filed by the State challenging common judgment and award dated 13.04.2006, passed by the learned the Adhoc Additional District Judge, Udgir, Dist. Latur, in LAR Nos. 2758 of 2001 with connected matters. These appeals are arising out of same acquisition proceeding. Therefore, same are taken up together and are being disposed off.

02.

The lands of the respondents-claimants came to be acquired

( 6 ) for Minor Irrigation Tank, Bhopni. Notification under section 4 of the Land Acquisition Act in respect of land acquisition was issued on 04.03.1993. The particulars of the proceedings, compensations awarded by the learned Special Land Acquisition Officer and the learned Reference Court are as under :- Sr.No First Appeal LAR No.

Award by SLAO Award by Ref. Court No.

Rs. per R Rs. per R 2431/2014 2746/2001 390/- 1388/- 2438/2014 2752/2001 390/- 1388/- 2432/2014 2756/2001 390/- 1388/- 2436/2014 2751/2001 390/- 1388/- 2423/2014 2742/2001 390/- 1388/- 2426/2014 2760/2001 390/- 1388/- 2421/2014 2747/2001 390/- 1388/- 2416/2014 2743/2001 390/- 1388/- 2418/2014 2765/2001 390/- 1388/- 2433/2014 2744/2001 390/- 1388/- 2435/2014 2753/2001 390/- 1388/- 2424/2014 2766/2001 390/- 1388/- 2430/2014 2757/2001 390/- 1388/- 2422/2014 2758/2001 390/- 1388/- 2420/2014 2748/2001 390/- 1388/- 2415/2014 2750/2001 390/- 1388/- 2437/2014 2761/2001 390/- 1388/- 2434/2014 2754/2001 390/- 1388/- 2419/2014 2749/2001 390/- 1388/- 2417/2014 2764/2001 390/- 1388/- 2425/2014 2745/2001 390/- 1388/- 2428/2014 2755/2001 390/- 1388/- 2427/2014 2759/2001 390/- 1388/- 2439/2014 2762/2001 390/- 1388/- 2429/2014 2763/2001 390/- 1388/- 03.

The Government of Maharashtra vide Government Resolution

( 7 ) 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 out 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. 05.

So far as Civil Applications for withdrawal/transfer of amount are concerned, the balance amount of compensation deposited by the Acquiring Body in this Court shall be transferred to the concerned Reference Court, along with accrued interest. The claimants shall be entitled to withdraw the amount of compensation along with accrued interest from the Reference Court. The Civil Applications filed for withdrawal/transfer of amount are disposed off accordingly. 06.

So far as Civil Applications for bringing on record legal

( 8 ) representatives of deceased respondent-claimants are concerned, for the reasons stated in the Civil Applications, the Civil Applications are allowed. Delay caused in filing the Civil Applications is condoned. The legal representatives of the deceased claimants-respondent be brought on record. Necessary amendment in the Civil Applications and the First Appeals be carried out within two weeks.

07.

Pending Civil Applications, if any, stand disposed off. [KISHORE C. SANT, J.] snk/2025/Aug25/fa2431.14