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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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