Bombay High Court
THE STATE OF MAH AND ANRversusDATTATRAYA TULSHIRAM BARGE
- Disposal
- DISMISSED
Holding
The appeal is dismissed as there is no ground for interference with the earlier judgment and award, given the prior enhancement of compensation and dismissal of similar State appeals.
Summary
The State of Maharashtra appealed against a judgment and award dated 17 April 2008 that fixed compensation for land acquired for the Gurnal Storage Tank Project in Deoni Taluka, Latur. The land belonged to the respondent‑claimant, who had been awarded compensation by the Civil Judge Senior Division, Ahmedpur Camp. The appellant argued that the award should be set aside, but the coordinating bench of the High Court had already enhanced compensation in First Appeal No. 885 of 2014 and dismissed similar appeals by the State. The court observed that, given the earlier enhancement and the dismissal of parallel appeals, there was no basis for further interference. Consequently, the appeal was dismissed. The decision re‑affirmed the earlier enhanced compensation award and upheld the lower court’s determination.
Issues considered
- Whether the appellate court can interfere with the judgment and award dated 17‑04‑2008 in the land‑acquisition matter
- Whether the State’s appeal is maintainable in view of the earlier enhancement of compensation and dismissal of similar appeals
Subjects
- land acquisition
- compensation
- appellate jurisdiction
- coordinate bench
- judgment dismissal
Judgment
2026:BHC-AUG:46172
234-FA-854-2011.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
234 FIRST APPEAL NO. 854 OF 2011
The State Of Maharashtra And Another
VERSUS
Dattatraya Tulshiram Barge
……
Mr. A.M. Phule, Advocate for Appellant-Claimant
…...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 28 SEPTEMBER, 2026
PER COURT :
1. Heard the learned counsel for the Appellant/State.
2. By this appeal, the Appellant assail the Judgment and award dated
17.04.2008 passed by the learned Civil Judge Senior Division, Ahmedpur
Camp at Udgir in L.A.R. No.87 of 2007.
3. The land belonging to the respondent-claimant was acquired for the
Gurnal Storage Tank Project at Gurnal, Taluka Deoni, District Latur. The
Coordinate Bench of this Court has already enhanced the compensation
payable to the claimants in First Appeal No. 885 of 2014 and connected
matters arising out of the same project and has dismissed the appeals
preferred by the State arising our ot the same judgment and award. In view
of the same, no case is made out for interference with the impugned
Judgment and Award at the instance of the appellant–State. The First
Appeal, therefore, deserves to be dismissed.
4. The First Appeal stands dismissed.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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