Bombay High Court
THE STATE OF MAHARASHTRAversusSHANKAR LAXMANRAO KULKARNI
- Disposal
- DISMISSED
- Bench
- SANJAY A DESHMUKH
Holding
The appeal is dismissed as the Reference Court’s award of Rs.500 per Are is lawful and based on established precedent.
Summary
The State of Maharashtra appealed against a Land Reference Court award that increased compensation for land acquired for a percolation tank from Rs.85 to Rs.500 per Are. The State argued that the Reference Court had not properly evaluated the evidence and had awarded an excessive amount. The claimant opposed the appeal, contending that the Reference Court had correctly applied precedent and awarded a reasonable sum. The appellate court examined the Reference Court’s reliance on earlier judgments (L.A.R. Nos. 205 of 1991 and 138 of 1989) and found the reasoning and findings to be legally sound. Consequently, the court dismissed the appeal, upheld the compensation award, and ordered any pending civil applications to be disposed of.
Issues considered
- Whether the compensation awarded by the Land Reference Court for the acquired land was excessive and contrary to the applicable land acquisition law.
- Whether the appellate court may set aside the Reference Court’s award on the basis of alleged misappreciation of evidence.
Subjects
- land acquisition
- compensation
- reference court
- appeal dismissed
- percolation tank
Judgment
2026:BHC-AUG:7259
911 FA NO. 1385 OF 2003.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
911 FIRST APPEAL NO. 1385 OF 2003
The State Of Maharashtra
VERSUS
Shankar Laxmanrao Kulkarni
...
Mr. S. B. Jadhav, AGP for Appellant/State
Mr. S S Halkude, Advocate for Respondent No.1
….
CORAM : SANJAY A. DESHMUKH, J.
DATE : 17.02.2026
PER COURT :-
1. This appeal is preferred by the State Government
against the judgment and award dated 25.04.2002 passed by the
learned Land Reference Court, Osmanabad in L.A.R. No.156 of
1991.
2. The claimant’s land bearing Survey No.4, situated at
village Bendkal, Tq. Omerga Dist. Osmanabad, admeasuring 1 H
95 Are, was acquired by the State Government for the
construction of a percolation tank at Bendkal, by notification
dated 16.06.1987. The Special Land Acquisition Officer awarded
compensation for the acquired land of the claimants @ Rs.8,500/-
per hectare i.e., Rs.85/- per Are. The learned Reference Court
enhanced the amount of compensation and awarded Rs.500/- per
Are.
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(( 2 )) 911 FA NO. 1385 OF 2003
3. Learned AGP for the Appellant-State pointed out the
pleadings, the evidence, the grounds of objections of the appeal and
the reasons and findings of the learned Reference Court. He
submitted that the learned Reference Court did not properly
appreciate the evidence and awarded an excessive amount of
compensation. It is therefore prayed to allow the appeal by setting
aside the impugned judgment and award.
4. Learned advocate for the respondent-claimant strongly
opposed the appeal and submitted that the learned Reference Court
has properly appreciated the evidence on record and awarded
reasonable amount of compensation. He submitted that no
interference is warranted in the impugned judgment and award. He
prayed to dismiss the appeal.
5. On perusal of Exh.28 and 29, it appears that the learned
Reference Court awarded compensation @ Rs.500/- per Are on the
basis of earlier judgments passed in L.A.R. Nos. 205 of 1991 and 138
of 1989. The reasons and findings of the learned Reference Court are
found legal and correct and no interference is warranted therein.
Therefore, the appeal deserves to be dismissed. Hence, the following
order:
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(( 3 )) 911 FA NO. 1385 OF 2003
::ORDER::
a. The First Appeal is dismissed.
b. Pending civil applications, if any, are disposed of.
C. No order as to costs.
[ SANJAY A. DESHMUKH, J. ]
HRJadhav
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