Bombay High Court
THE STATE OF MAHARASHTRA AND ANRversusSUNIL DAGADU GHORPADE AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The appeals are dismissed as the Reference Court’s determination of compensation, based on the nature, location, and potential of each land parcel, is upheld.
Summary
The State of Maharashtra filed a series of first‑appeal (stamp) applications challenging the compensation awarded by the Special Land Acquisition Officer for lands acquired in Ahmednagar district. The State argued that the Reference Court erred by considering sale comparables that were not in the vicinity of the acquired lands and that the enhancement of compensation was unjustified. The claimants contended that the lands had significant agricultural and non‑agricultural potential and that the Reference Court correctly used comparable sales and revenue records to determine market value. The Court examined the evidence, including the nature, location, irrigation status, and potential of each parcel, and found that the Reference Court had appropriately differentiated compensation based on these factors. Concluding that there was no perversity or illegality, the Court dismissed all the appeals and disposed of the pending civil applications.
Issues considered
- Whether the Reference Court erred in granting enhanced compensation by relying on sale comparables not in close proximity to the acquired lands
- Whether the compensation awarded by the Special Land Acquisition Officer was adequate in view of the land's nature and potential
Subjects
- Land Acquisition
- Compensation
- Reference Court
- Enhancement of Compensation
- Civil Appeal
- Delay Condonation
Judgment
2026:BHC-AUG:27209
1 of 13 935-CA.13343.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
935 FIRST APPEAL (STAMP) NO.20549 OF 2017
WITH
CIVIL APPLICATION NO. 13343 OF 2017
IN FAST/20549/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
POPAT DAGADU SHEWALE AND ANR
...
Mr. R. B. Dhaware, AGP for the Appellants/State.
Mr. V. P. Latange, Advocate for the Respondents.
...
AND
FIRST APPEAL (STAMP) NO.20518 OF 2017
WITH
CIVIL APPLICATION NO. 13342 OF 2017
IN FAST/20518/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
KESHAV BHAUSAHEB KALE
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. D. S. Bagul, Advocate for the Respondent.
AND
FIRST APPEAL (STAMP) NO.20524 OF 2017
WITH
CIVIL APPLICATION NO. 13363 OF 2017
IN FAST/20524/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
GITANJALI DYNANESWAR GURAM
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13364 OF 2017
IN FAST/20524/2017
2 of 13 935-CA.13343.2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
GITANJALI DYNANESWAR GURAM
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
FIRST APPEAL (STAMP) NO.20584 OF 2017
WITH
CIVIL APPLICATION NO. 13375 OF 2017
IN FAST/20584/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SANJAY VINOD AGARWAL
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. Anshuman Deshmukh h/f. Mahesh S. Deshmukh, Advocate for the
Respondent.
AND
FIRST APPEAL (STAMP) NO.20521 OF 2017
WITH
CIVIL APPLICATION NO. 13370 OF 2017
IN FAST/20521/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SURAJ CHANDRABHAN AGARWAL
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. Anshuman Deshmukh h/f. Mahesh S. Deshmukh, Advocate for the
Respondent.
AND
FIRST APPEAL (STAMP) NO.20560 OF 2017
WITH
CIVIL APPLICATION NO. 13372 OF 2017
IN FAST/20560/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
BABAN SHRIPATI NIKAM AND ANR
3 of 13 935-CA.13343.2017
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
FIRST APPEAL (STAMP) NO.20557 OF 2017
WITH
CIVIL APPLICATION NO. 13373 OF 2017
IN FAST/20557/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SHAKUNTALA HIRALAL LAKHARA
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13374 OF 2017
IN FAST/20557/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SHAKUNTALA HIRALAL LAKHARA
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
FIRST APPEAL (STAMP) NO.20530 OF 2017
WITH
CIVIL APPLICATION NO. 13360 OF 2017
IN FAST/20530/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SUNIL DAGADU GHORPADE AND ORS
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
FIRST APPEAL (STAMP) NO.20537 OF 2017
WITH
CIVIL APPLICATION NO. 13367 OF 2017
IN FAST/20537/2017
4 of 13 935-CA.13343.2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
RAJENDRAKUMAR ATMARAM AGARWAL
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13368 OF 2017
IN FAST/20537/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
RAJENDRAKUMAR ATMARAM AGARWAL
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. Anshuman Deshmukh h/f. Mr. Mahesh S. Deshmukh, Advocate for
the Respondent.
AND
FIRST APPEAL (STAMP) NO.20578 OF 2017
WITH
CIVIL APPLICATION NO. 13348 OF 2017
IN FAST/20578/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SHEKHAR TAMMA BHINGARE
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13341 OF 2017
IN FAST/20518/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
KESHAV BHAUSAHEB KALE
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. D. S. Bagul, Advocate for Respondent.
AND
FIRST APPEAL (STAMP) NO.20533 OF 2017
5 of 13 935-CA.13343.2017
WITH
CIVIL APPLICATION NO. 13366 OF 2017
IN FAST/20533/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
MARUTI VITHOBA MORE (DIED) THR LRS BALASAHEB AND ORS
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. Dattatraya R. Jayabhar, Advocate for Respondent Nos.1A to D and
2.
AND
CIVIL APPLICATION NO. 13369 OF 2017
IN FAST/20521/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SURAJ CHANDRABHAN AGARWAL
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. Anshuman Deshmukh h/f. Mr. Mahesh S. Deshmukh, Advocate for
the Respondent.
AND
CIVIL APPLICATION NO. 13376 OF 2017
IN FAST/20584/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SANJAY VINOD AGARWAL
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. Anshuman Deshmukh h/f. Mr. Mahesh S. Deshmukh, Advocate for
the Respondent.
AND
FIRST APPEAL (STAMP) NO.20541 OF 2017
WITH
CIVIL APPLICATION NO. 13377 OF 2017
IN FAST/20541/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
6 of 13 935-CA.13343.2017
VISHWANATH NAMDEV NIMBOLKAR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. Dattatraya R. Jayabhar, Advocate for the Respondent.
AND
CIVIL APPLICATION NO. 13378 OF 2017
IN FAST/20541/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
VISHWANATH NAMDEV NIMBOLKAR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. Dattatraya R. Jayabhar, Advocate for the Respondent.
AND
FIRST APPEAL (STAMP) NO.20564 OF 2017
WITH
CIVIL APPLICATION NO. 13358 OF 2017
IN FAST/20564/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SHUBHANGI BHANUSAHEB SHEWALE AND ANR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13359 OF 2017
IN FAST/20530/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SUNIL DAGADU GHORPADE AND ORS
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
FIRST APPEAL (STAMP) NO.20545 OF 2017
WITH
CIVIL APPLICATION NO. 13379 OF 2017
IN FAST/20545/2017
7 of 13 935-CA.13343.2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
ASHOK SHRIDHAR BHOR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
FIRST APPEAL (STAMP) NO.20588 OF 2017
WITH
CIVIL APPLICATION NO. 13350 OF 2017
IN FAST/20588/2017
THE STATE OF MAHARASHTRA
VERSUS
DHYABHAI BABULAL PATEL AND ORS
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
FIRST APPEAL (STAMP) NO.20575 OF 2017
WITH
CIVIL APPLICATION NO. 13354 OF 2017
IN FAST/20575/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
RAJKUMARI KANHAYALAL NAVLANI AND ANR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13355 OF 2017
IN FAST/20575/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
RAJKUMARI KANHAYALAL NAVLANI AND ANR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13356 OF 2017
8 of 13 935-CA.13343.2017
IN FAST/20564/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SHUBHANGI BHANUSAHEB SHEWALE AND ANR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. Laxmikant C. Patil, Advocate for the Respondents.
AND
CIVIL APPLICATION NO. 13371 OF 2017
IN FAST/20560/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
BABAN SHRIPATI NIKAM AND ANR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13349 OF 2017
IN FAST/20588/2017
THE STATE OF MAHARASHTRA
VERSUS
DHYABHAI BABULAL PATEL AND ORS
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13347 OF 2017
IN FAST/20578/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
SHEKHAR TAMMA BHINGARE
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13344 OF 2017
IN FAST/20549/2017
9 of 13 935-CA.13343.2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
POPAT DAGADU SHEWALE AND ANR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. V. P. Latange, Advocate for the Respondents.
AND
FIRST APPEAL (STAMP) NO.20527 OF 2017
WITH
CIVIL APPLICATION NO. 13362 OF 2017
IN FAST/20527/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
ARJUN GANPAT KAMBLE AND ORS
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13361 OF 2017
IN FAST/20527/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
ARJUN GANPAT KAMBLE AND ORS
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. S. S. Choudhary, Advocate for Respondent Nos.1 to 4.
AND
CIVIL APPLICATION NO. 13365 OF 2017
IN FAST/20533/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
MARUTI VITHOBA MORE (DIED) THR LRS BALASAHEB AND ORS
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
Mr. Dattatraya R. Jayabhar, Advocate for the Respondents.
AND
CIVIL APPLICATION NO. 13380 OF 2017
10 of 13 935-CA.13343.2017
IN FAST/20545/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
ASHOK SHRIDHAR BHOR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
FIRST APPEAL (STAMP) NO.20569 OF 2017
WITH
CIVIL APPLICATION NO. 13381 OF 2017
IN FAST/20569/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
MACHINDRA PARBATI DONGARE AND ANR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
AND
CIVIL APPLICATION NO. 13382 OF 2017
IN FAST/20569/2017
THE STATE OF MAHARASHTRA AND ANR
VERSUS
MACHINDRA PARBATI DONGARE AND ANR
…
Mr. R. B. Dhaware, AGP for the Applicants/State.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 2nd JULY, 2026
P.C.:-
CIVIL APPLICATIONS FOR DELAY:-
1. By these application, the Appellants are seeking condonation
of delay in filing first appeal.
11 of 13 935-CA.13343.2017
2. Considering the averments made in the applications, the
applications are allowed.
FIRST APPEALS:-
3. Heard learned Advocates for the respective parties. By
consent of both parties, the matter is taken up for final hearing at the
admission stage.
4. By the present appeal, the Appellants–State are aggrieved by
the judgment and award dated 19.05.2016 passed by the learned 4th
Joint Civil Judge, Senior Division, Ahmednagar, District Ahmednagar in
L.A.R. Nos. 115/2011, 123/2011, 119/2011, 113/2011, 267/2011,
116/2011, 124/2011, 46/2015, 122/2011, 117/2011, 121/2011,
120/2011, 261/2011, 54/2012, 114/2011, 118/2011, 264/2011 and
126/2011.
5. Mr. R. B. Dhaware, learned AGP for the Appellants–State,
submits that the acquired lands are situated at a long distance from
Nagar–Manmad Road. He submits that the Special Land Acquisition
Officer (SLAO) had rightly determined the compensation. According to
him, the learned Reference Court ought not have appreciated the sale
instances brought on record, as those are not comparable with the land
acquired and are not in close vicinity to thereof. He, therefore, submits
that the enhancement granted by the learned Reference Court is not
justified and the impugned judgment deserves to be set aside.
12 of 13 935-CA.13343.2017
6. Per contra, Mr. Anshuman Deshmukh, learned counsel
holding for Mr. Mahesh S. Deshmukh, learned Advocate for the
Respondents–original Claimants, submits that the acquired lands
possess considerable N. A. potential. He points out that some of the
lands are irrigated, some are non-agricultural lands, and certain lands
fall within the limits of the Municipal Corporation. He, therefore,
submits that the compensation awarded by the Special Land
Acquisition Officer was inadequate. He further submits that the
claimants relied upon various comparable sale instances, which have
been duly considered by the learned Reference Court while
determining the market value. He, therefore, prays for dismissal of the
appeals.
7. I have considered the submissions advanced by the learned
Advocates for the respective parties. I have also perused the record, the
award passed by the Special Land Acquisition Officer, and the
impugned judgment of the learned Reference Court. The Reference
Court has taken into consideration the sale instances as well as the
revenue records, including the 7/12 extracts. The evidence on record
shows that some of the acquired lands are irrigated (Bagayat), some
are semi-irrigated, while others are dry crop lands. The learned
Reference Court has prepared a detailed chart considering the nature
and classification of each piece of land and has awarded compensation
13 of 13 935-CA.13343.2017
accordingly. It is evident that the Reference Court has not granted a
uniform rate for all the acquired lands; rather, it has determined the
compensation by considering the nature, location, and potential of
each land based on the evidence on record. The enhancement awarded
is thus supported by the sale instances and the revenue records.
8. In view of the above, I do not find any perversity or illegality
in the judgment and award dated 19.05.2016 passed by the learned
4th Joint Civil Judge, Senior Division, Ahmednagar, District
Ahmednagar in L.A.R. Nos. 115/2011, 123/2011, 119/2011,
113/2011, 267/2011, 116/2011, 124/2011, 46/2015, 122/2011,
117/2011, 121/2011, 120/2011, 261/2011, 54/2012, 114/2011,
118/2011, 264/2011 and 126/2011.
9. Hence, the present appeals stand dismissed. There shall be
no order as to costs.
10. Pending Civil Applications, if any, also stand disposed of.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
Checking your session…