Bombay High Court
STATE OF MAHAversusMADHUKAR BAPURAO ATULE and ORS
- Disposal
- DISMISSED
Holding
The appeal is dismissed as there is no ground to interfere with the impugned Judgment and Award.
Summary
The State of Maharashtra appealed against the Judgment and Award dated 29 August 2002 passed by the Joint Civil Judge, Senior Division, Osmanabad in Land Acquisition Reference No. 293 of 1997 concerning the Dokewadi Medium Project. The appeal sought to set aside the award in favor of the claimants Madhukar Bapurao Atule and others. The High Court noted that it had earlier, in First Appeal No. 520 of 2008, enhanced the compensation for the same project, village, and reference to Rs. 60,000 per acre. Given that the earlier order already addressed the compensation issue, the Court found no merit in revisiting the 2002 award. Consequently, the appeal was dismissed.
Issues considered
- Whether the 2002 Judgment and Award in Land Acquisition Reference No. 293 of 1997 can be interfered with in view of the Court's earlier order enhancing compensation in the same matter
Subjects
- land acquisition
- compensation
- appeal
- judgment review
- Maharashtra
Judgment
2026:BHC-AUG:46273
213-FA-1143-09.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
213 FIRST APPEAL NO. 1143 OF 2009
State Of Maharashtra
VERSUS
Madhukar Bapurao Atule And Others
……
Mr. D.R. Korde, AGP for Appellant
Mr. V.S. Bedre, Advocate for Respondents No.1 to 4
……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 28 SEPTEMBER, 2026
PER COURT :
1. Heard the learned counsel for the respective parties.
2. The present First Appeal arises out of the Judgment and Award dated
29.08.2002 passed by the learned Joint Civil Judge, Senior Division,
Osmanabad, in Land Acquisition Reference No.293 of 1997.
3. This Court, vide order dated 22.09.2026 passed in First Appeal
No.520 of 2008 with connected matters, arising out of the same project, i.e.
Dokewadi Medium Project, from the same village, i.e. Lanjeshwar, and
arising out of the same Land Acquisition Reference No.293 of 1997, has
enhanced the compensation in favour of the claimant at the rate of
Rs.60,000/- per Acre. The present appeal is preferred by the State against
the said Judgment and Award. In view of the aforesaid order passed by this
Court in respect of the same project, village and Land Acquisition Reference,
no case is made out to interfere with the impugned Judgment and Award.
4. The First Appeal stands dismissed.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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