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Bombay High Court

NARAYAN POSHATTYversusTHE STATE OF MAH AND ORS

Disposal
DISPOSED OFF

Holding

The appeals are disposed by settlement, with the State of Maharashtra agreeing to pay the claimants compensation within 18 months, subject to interest for any delay.

Summary

The National Lok Adalat of the High Court of Bombay, Aurangabad bench, heard a series of first appeals filed by numerous claimants against the State of Maharashtra concerning compensation for fruit‑bearing trees affected by land acquisition. The claimants, represented by advocates Rakesh Jain, Survase and Mrs. Reddy, submitted settlement terms that were signed by both parties and their lawyers. The acquiring authority, represented by Executive Engineer Charudatta R. Bansod and Mr. Phule, agreed to the settlement and to deposit the compensation amount in the High Court. The settlement provides that the State will pay the agreed compensation within eighteen months, with interest at 9% per annum if payment is delayed. The award also directs that any amount already deposited be disbursed to the claimants with accrued interest. Consequently, all the listed first appeals were disposed of by settlement.

Issues considered

  • Whether the claimants are entitled to enhanced compensation for fruit‑bearing trees under the land acquisition framework and what the appropriate quantum and timeline for payment should be

Legislation cited

Subjects

  • compensation
  • land acquisition
  • fruit bearing trees
  • settlement
  • Lok Adalat
  • interest
  • High Court deposit

Judgment

2026:BHC-AUG:15096




                                       1                   not on board first appeals

                BEFORE THE NATIONAL LOK ADALAT HELD AT HIGH
                   COURT OF BOMBAY BENCH AT AURANGABAD

                   Organized by High Court Legal Services Sub-Committee,
             Aurangabad under Section 19 of the Legal Services Authorities Act,
             1987 (Central) Act.

                             02 FIRST APPEAL NO. 538 OF 2009

                     Narayan Poshatty                      .. Appellant
                                Versus
                     The State of Maharashtra and others   .. Respondents

                                          AND
                             03 FIRST APPEAL NO. 539 OF 2009

                     Pandurang Lalu Waghmare               .. Appellant
                                Versus
                     The State of Maharashtra and others   .. Respondents

                                          AND
                             04 FIRST APPEAL NO. 541 OF 2009

                     Satwa Lalu Waghmare                   .. Appellant
                                Versus
                     The State of Maharashtra and others   .. Respondents

                                          AND
                             05 FIRST APPEAL NO. 543 OF 2009

                     Maroti Lalu Waghmare                  .. Appellant
                                Versus
                     The State of Maharashtra and others   .. Respondents

                                         AND
                            07 FIRST APPEAL NO. 2147 OF 2009

                     Sudarshan Pundlik Maldode             .. Appellant
                                Versus
                     The State of Maharashtra and others   .. Respondents

                                             WITH
                  2                   not on board first appeals

       07 FIRST APPEAL NO. 2148 OF 2009

Balaji Lalu Waghmare                  .. Appellant
            Versus
The State of Maharashtra and others   .. Respondents


                    WITH
       07 FIRST APPEAL NO. 2149 OF 2009

Avadhut Pundalik Maldode              .. Appellant
           Versus
The State of Maharashtra and others   .. Respondents

                    WITH
       07 FIRST APPEAL NO. 2150 OF 2009

Rama Malhari Dangre                   .. Appellant
           Versus
The State of Maharashtra and others   .. Respondents

                    WITH
       07 FIRST APPEAL NO. 2151 OF 2009

Narayan Piraji
Since deceased through his L.Rs.
Vitthal Narayan Yeilwad               .. Appellant
           Versus
The State of Maharashtra and others   .. Respondents

                     AND
        09 FIRST APPEAL NO. 155 OF 2010

Naryan Gendaji Dangre                 .. Appellant
           Versus
The State of Maharashtra and others   .. Respondents

                     AND
        11 FIRST APPEAL NO. 157 OF 2010

Khandu Gendaji Dangre                 .. Appellant
         Versus
                  3                   not on board first appeals

The State of Maharashtra and others   .. Respondents

                     AND
        12 FIRST APPEAL NO. 163 OF 2010

Dadarao Santuka Dangre                .. Appellant
           Versus
The State of Maharashtra and others   .. Respondents

                    AND
       14 FIRST APPEAL NO. 1878 OF 2010

Ramji Laxman Govindwad
Since deceased through his L.Rs.
Ganesh Ramrao Renapurkar (Govindwad).. Appellant
           Versus
The State of Maharashtra and others .. Respondents

                    AND
       15 FIRST APPEAL NO. 1879 OF 2010

Ramji Laxman Govindwad
Since deceased through his L.Rs.
Ganesh Ramrao Renapurkar (Govindwad).. Appellant
           Versus
The State of Maharashtra and others .. Respondents

                    AND
       16 FIRST APPEAL NO. 1947 OF 2010

Baburao Maruti Patil
Since deceased through his L.Rs.
Vithabai Babarao Kawale and another   .. Appellants
           Versus
The State of Maharashtra and others   .. Respondents

                    AND
       17 FIRST APPEAL NO. 1948 OF 2010

Vithabai Baburao Patil                .. Appellant
           Versus
The State of Maharashtra and others   .. Respondents
                  4                   not on board first appeals


                    AND
       18 FIRST APPEAL NO. 1951 OF 2010

Janardhan Sambha Yerekar
Since deceased through his L.Rs.
Gangabai Janardhan Yerekar and others.. Appellants
           Versus
The State of Maharashtra and others  .. Respondents

                     AND
        19 FIRST APPEAL NO. 289 OF 2011

Babu Koetya                           .. Appellant
           Versus
The State of Maharashtra and others   .. Respondents

                    WITH
        20 FIRST APPEAL NO. 290 OF 2011

Gangabai Timma Marwade                .. Appellant
           Versus
The State of Maharashtra and others   .. Respondents

                     AND
        21 FIRST APPEAL NO. 355 OF 2011

Uttam Timma Marwade
Minor u/g Gangabai Timma Marwade      .. Appellant
           Versus
The State of Maharashtra and others   .. Respondents

                     AND
        24 FIRST APPEAL NO. 844 OF 2014

Bhaurao Mukunda Kawale                .. Appellant
           Versus
The State of Maharashtra and others   .. Respondents
                            5                   not on board first appeals

Present :-

Hon’ble Shri Justice Shailesh P. Brahme
Shri Kishor R. Choudhari (Retired District Judge)
Mrs. Yogita S. Thorat, Member

                                AWARD

.     Learned advocate Mr. Rakesh Jain along with his clients –
original claimants, learned advocate Mr. Survase and Mrs. Reddy
with Officer Mr. Charudatta R. Bansod, Executive Engineer,
Vishnupuri Project Division No. 2, Nanded and Mr. Phule, learned A.
G. P. are present before the panel.


2.    They tender on record terms of settlement in each matter duly
signed by the claimants, the officer of the acquiring body and their
respective lawyers. Those are taken on record and marked Exhibit -
X for identification.     Parties are ready to settle the matters and
dispose of the appeals.


3.    With the assistance of the learned counsel we have ascertained
the identification of the private claimants present today.          They
confirm the terms of settlement.


4.    First appeals are disposed of in terms of settlement at Exhibit –
X.


5.    As agreed between the parties, the appellants – claimants have
given up their claim for enhancement of compensation for fruit
bearing trees. Both parties and the officers of the acquiring body
                            6                    not on board first appeals

have agreed to pay compensation within a period of eighteen (18)
months from today. The respondent – acquiring body undertakes to
deposit the amount in High Court.


6.    On deposit of the amount by the acquiring body, same shall be
disbursed to the appellants – claimants with accrued interest, if any,
as per their entitlement.


7.    Amount already deposited by the respondent – acquiring body
shall be disbursed to the appellants – claimants as per their
entitlement.


8.    If the amount is not deposited as per the agreement and the
minutes recorded today, same shall carry interest at the rate of 9%
per annum from the date of appeal till its disbursement.


9.    Award be drawn up accordingly.




(Mrs. Yogita S. Thorat) (Shri Kishor R. Choudhari) (Shailesh P. Brahme)
       Member             Retired Judicial Officer        Judge


Date :- 14.03.2026



bsb/March 26


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