Bombay High Court
THE STATE OF MAHARASHTRA (THROUGH THE SPECIAL LAND ACQUISITION OFFICER) AND ANR.versusSHRI. KISAN KASHIRAM LILKE (DECEASED) 1A. KALU KISAN LILKE AND ORS.
- Decided
- Disposal
- Disposed Off
- Bench
- ABHAY AHUJA
Holding
The appeal of the State of Maharashtra is dismissed, and the enhanced compensation of Rs.65,439 awarded by the Reference Court is upheld.
Summary
The State of Maharashtra, through the Special Land Acquisition Officer, appealed against the enhancement of compensation awarded to the heirs of the deceased Shri Kisan Kashiram Lilke for land acquired for the Karanjwan Dam Project. The Special Land Acquisition Officer had initially fixed compensation at Rs.4,817, which the Reference Court enhanced to Rs.65,439. The State argued that the enhancement was meager and sought further increase. The Court, noting similar precedents where appeals were dismissed for modest compensation amounts, decided to dismiss the State's appeal and uphold the Reference Court's award. The order also disposed of any pending civil or interim applications, but the judge cautioned that this decision should not be treated as binding precedent for other compensation matters.
Issues considered
- What is the appropriate quantum of compensation for land acquired under the Karanjwan Dam Project?
- Whether the State of Maharashtra's appeal against the enhanced compensation award should be allowed?
Legislation cited
- Land Acquisition Act — s. 11, 4
Subjects
- land acquisition
- compensation enhancement
- appeal
- dam project
- reference court
Judgment
18-FA-1090-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
CIVIL APPELLATE JURISDICTION
by KANCHAN
KANCHAN PRASHANT
DHURI FIRST APPEAL NO. 1090 OF 2014
PRASHANT Date:
DHURI 2026.01.23
19:12:50
+0530
The State of Maharashtra (through the Special
Land Acquisition Officer) and another … Appellants
Versus
Shri. Kisan Kashiram Lilke,
since deceased through his LRs
1a. Kalu Kisan Lilke and others … Respondents
………...
Mr. A.R. Patil, Additional Government Pleader for the State-Appellant.
None for the Respondents.
………...
CORAM : ABHAY AHUJA, J.
DATE : 23 JANUARY 2026
P.C. :
1. When the matter is called out, Mr. Patil, learned Additional
Government Pleader submits that he appears for the Appellant-State
and that the Appeal pertains to acquisition with respect to Section 4
notification dated 12th December 1995, Section 11 award dated 25 th
August 1997 for the construction of Karanjwan Dam Project.
2. Mr. Patil submits that in this matter, since the enhancement
that has been granted is meager, this Court may consider passing orders
that have been passed by other Benches of this Court in similar matters.
In support, Mr. Patil tenders across the bar two such orders one dated
4th July 2024 in First Appeal No. 314 of 2000 and another dated 3 rd
March 2025 in First Appeal No. 1278 of 2008.
Kanchan Dhuri 1/2
18-FA-1090-2014.doc
3. It is observed that in the present First appeal before this
Court, the Special Land Acquisition Officer (“SLAO”) has granted
compensation of Rs.4,817/-, which has been enhanced by the
Reference Court to Rs.65,439/-, and the State Government has filed
this Appeal against the order of enhancement.
4. However, in view of the orders tendered across the bar by the
learned Additional Government Pleader, this Court also proposes to
follow the same course of action to dismiss the Appeal of the State
Government on account of the meager amount of compensation.
5. The Appeal accordingly stands dismissed and as such the
compensation determined by the Reference Court is upheld.
6. Pending Civil Application/Interim Application, if any, to
accordingly stand disposed.
7. However, this order should not be treated as a precedent in
determining the compensation of the adjacent lands and such matters
be decided on their own merits.
(ABHAY AHUJA, J.)
Kanchan Dhuri 2/2
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