Mahadeo Apparao Adsule Died Thr Lrs Kasturbai And Others v. The State Of Maharashtra Thr The Collector And Other

2026:BHC-AUG:17861 1 FA No.861/2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

FIRST APPEAL NO.861 OF 2020 The Godavari Marathwada Irrigation Development Corporation, Thr. The Exec. Engineer, Minor Irrigation Div., Osmanabad Tq. & Dist. Osmanabad and Others ... Appellants

Versus

Mahadeo/o Apparao Adsule, Died Through Legal Representatives, 1.1.

Kashurbai W/o Mahadeo Adsule, Age: 3 years, Occu. Agril, 1.2.

Apparao S/o. Mahadeo Adsule, Age: 48 Years, Occu. Agril., 1.3.

Santosh S/O Mahadeo Adsule, Age: 45Years, Occu. Agril., 1.4.

Vijayabai W/o Jayram Nanaware Age: 46 years, Occu. Agril All R/o. Padoli (A), Tq. & District: Osmanabad ... Respondents .....

Shri. Ranjit B. Gaikwad, Advocate for the Appellants Shri. S. M. Ganachari, AGP for the State.

Ms. Laxmi R. Thakur h/f. Shri. Laxmikant C. Patil, Advocate for Respondent Nos.1.1 to 1.4 ......

WITH CIVIL APPLICATION NO. 2669 OF 2026 IN FA/861/2020 .....

CORAM : NEERAJ P. DHOTE, J.

Dated :

APRIL 22, 2026

2 FA No.861/2020 FINAL ORDER :- .

This is an Appeal under Section 54 of the Land Acquisition Act, 1894 (for short, 'L.A. Act') preferred by the Acquiring Body against the Judgment and Award dated 24.02.2014 passed by the learned Civil Judge Senior Division, Osmanabad (hereinafter referred to as the 'Reference Court') in L.A.R. No.114/2013, by which the compensation towards the acquisition of land admeasuring 00.48 H:R out of Gat No.399 from village Padoli (Akkabai) came to be determined at the rate of Rs.3000/- (Rs. Three Thousand) per R.

2.

Heard learned Advocate for the Acquiring Body and learned Advocate for the Claimants. With their assistance, perused the papers on record.

3.

There is no dispute in respect of the acquisition of the above referred land of the Claimants for Padoli Percolation Tank. The Land Acquisition Officer (for short, 'LAO') determined the compensation at the rate of Rs.750/- per R. The learned Reference Court enhanced the compensation from Rs.750/- per R to Rs.3,000/- per R. The enhancement by the learned Reference Court is four times the rate determined by the LAO. There is policy decision by the Government of Maharashtra by way of Government Resolution dated 03.11.2016 and Corrigendum dated 23.02.2017, by which decision is taken not to challenge the Award under the L.A. Act wherein the enhancement is up

3 FA No.861/2020 to four (4) times. The subject matter is covered by the said policy decision. Thus, no interference is called for in the impugned Judgment and Award and the Appeal stands dismissed. Accordingly, the Claimants are permitted to withdraw the compensation amount deposited by the Acquiring Body in this Court under the Award, by following due procedure.

4.

Pending Civil Application for withdrawal of the amount also stands disposed of.

( NEERAJ P. DHOTE, J. ) GGP