Bombay High Court
THE STATE OF MAHARASHTRAversusMR. MAHADU YASHOD THAKRE (SINCE DECEASED HIS LEGAL HEIRS) MR. GANGAJI MAHADU THAKRE
- Decided
- Disposal
- Disposed Off
- Bench
- ABHAY AHUJA
Holding
The appeal is dismissed and the compensation of Rs.36,729 as determined by the Reference Court is upheld.
Summary
The State of Maharashtra appealed against the enhancement of compensation awarded by the Reference Court in a land acquisition matter concerning a percolation tank project in Jamlewani, Nashik. The Special Land Acquisition Officer had initially fixed compensation at Rs.12,193, which the Reference Court increased to Rs.36,729. The State argued that the enhanced amount was still meager and sought reversal. The Court, noting similar prior orders, decided to dismiss the State's appeal and uphold the Reference Court's determination. The dismissal was ordered without setting a binding precedent for future compensation assessments, and any pending applications were disposed of.
Issues considered
- Whether the State's appeal against the enhanced compensation award should be allowed given the amount is considered meager
- Whether prior similar orders should guide the decision on the present appeal
Subjects
- land acquisition
- compensation
- enhancement
- appeal
- percolation tank
- Maharashtra
Judgment
5-FA-575-2011.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by KANCHAN
KANCHAN PRASHANT FIRST APPEAL NO. 575 OF 2011
PRASHANT DHURI
DHURI Date: The State of Maharashtra … Appellant
2026.01.14
11:08:08 +0530
Versus
Mr. Mahadu Yashod Thakre,
since deceased through his legal heirs
Mr. Gangaji Mahadu Thakre and others … Respondents
………...
Mr. A.R. Patil, Additional Government Pleader, for the Appellant-State.
Ms. Bhavana Khemani instructed by Mr. Ahuja, Advocate for the
Respondent.
………...
CORAM : ABHAY AHUJA, J.
DATE : 13 JANUARY 2026
P.C. :
1. When the matter is called out, Mr. Patil, learned Additional
Government Pleader appears for the Appellant-State and submits that
the Appeal pertains to acquisition with respect to Section 4 notification
dated 7th June 1984, Section 11 award dated 12th April 1988 for the
construction of percolation tank project at Village-Jamlewani, District-
Nashik.
2. Mr. Patil submits that in this matter, since the enhancement
that has been granted is meager, this Court may consider passing orders
that have been passed by other Benches of this Court in similar matters.
In support, Mr. Patil tenders across the bar two such orders one dated
4th July 2024 in First Appeal No. 314 of 2000 and another dated 3 rd
March 2025 in First Appeal No. 1278 of 2008.
Kanchan Dhuri 1/2
5-FA-575-2011.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.12,193/-, which has been enhanced by the
Reference Court to Rs.36,729/-, and the State Government has filed
this Appeal against the order of enhancement.
4. However, in view of the orders tendered across the bar by the
learned Additional Government Pleader, this Court also 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. Pending Applications, if any, to accordingly stand disposed.
7. 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
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