Bombay High Court
THE STATE OF MAHARASHTRAversusDHONDIRAM GANPAT KEDARI AND OTHRS
- Decided
- Disposal
- Disposed Off
- Bench
- ABHAY AHUJA
Holding
The appeal is dismissed and the compensation of Rs.2,12,258 as determined by the Reference Court is upheld.
Summary
The State of Maharashtra appealed against the enhancement of compensation awarded to the respondents for land acquired under the Chaskman Dam Project. The Special Land Acquisition Officer had initially fixed compensation at Rs.1,02,969, which the Reference Court enhanced to Rs.2,12,258. The State contended that the enhanced amount was still meager and sought to set it aside. Relying on its earlier decisions in State of Maharashtra v. Shri. Ananda Vagu Tuplondhe and State of Maharashtra v. Shri. Kisan Dagadu Chavan, the Court dismissed the appeal, holding that the compensation was adequate. The order upheld the Reference Court’s determination and clarified that it should not be treated as a binding precedent for other adjacent land compensation matters.
Issues considered
- What is the appropriate quantum of compensation for land acquired under the Chaskman Dam Project?
- Whether the State of Maharashtra can successfully challenge the Reference Court’s enhancement of compensation?
- Whether prior judgments on similar compensation matters are binding on the present case?
Legislation cited
- Land Acquisition Act, 1894 — s. 11, 4
Subjects
- land acquisition
- compensation
- enhancement
- appeal
- Maharashtra
- dam project
- reference court
Judgment
16-FA-1154-2012.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1154 OF 2012
The State of Maharashtra … Appellant
Versus
Dhondiram Ganpat Kedari and others … Respondents
………...
Mr. A.R. Patil, Additional Government Pleader for the State-Appellant.
………...
CORAM : ABHAY AHUJA, J.
DATE : 28 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 3rd September 1986, Section 11 award dated 28 th
KANCHAN
PRASHANT
DHURI
November 1989 for the Chaskman Dam Project.
Digitally signed
by KANCHAN
PRASHANT
DHURI
Date:
2026.01.29
12:01:18 +0530
2. Mr. Patil submits that in this matter, since the enhancement
that has been granted is meager, this Court may consider passing
similar order that has been passed by this Court, in the cases of State of
Maharashtra vs. Shri. Ananda Vagu Tuplondhe and another1 and The
State of Maharashtra vs. Shri. Kisan Dagadu Chavan and others2.
1 Order dated 05th January 2026 passed in First Appeal No. 177 of 2011
2 Order dated 05th January 2026 passed in First Appeal No.178 of 2011
Kanchan Dhuri 1/2
16-FA-1154-2012.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.1,02,969/-, which has been enhanced by the
Reference Court to Rs.2,12,258/-, and the State Government has filed
this Appeal against the order of enhancement.
4. However, in view of the orders of this Court in the cases of
State of Maharashtra vs. Shri. Ananda Vagu Tuplondhe and another
(supra) and The State of Maharashtra vs. Shri. Kisan Dagadu Chavan
and others (supra) this Court 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. 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
Checking your session…