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Bombay High Court

THE STATE OF MAHARASHTRA AND OTHERSversusRAMRAO VITHALRAO (MUKADAM) FOR DESHPANDE DIED THR HIS LRS JANKABAI AND OTHERS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The appeal is dismissed and the compensation of Rs.10 per square foot awarded by the reference court is upheld.

Summary

The State of Maharashtra appealed against an award of compensation for land acquired for the construction of a ring road at Ambajogai. The acquisition was notified under Section 4 of the Land Acquisition Act, 1894 in 1992, with the award passed in 1994, while possession had been taken earlier. Claimants sought Rs.10,890 per square foot, whereas the State argued the compensation of Rs.10 per square foot awarded by the reference court was adequate. The reference court had relied on sale instances dated before the notification, which the State contended was improper. The High Court examined the sale evidence, found the market value of Rs.11.63 per square foot reasonable and held that the awarded Rs.10 per square foot was appropriate, dismissing the State’s appeal. Consequently, the first appeal was dismissed and any pending civil applications were disposed of.

Issues considered

  • Whether the compensation awarded by the reference court is adequate under the Land Acquisition Act, 1894.
  • Whether reliance on sale instances predating the Section 4 notification is permissible.
  • Whether the quantum of compensation (Rs.10 per sq ft) should be altered.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • Section 4
  • reference court
  • quantum of compensation
  • appeal dismissed

Judgment

2026:BHC-AUG:29350

                                                                      43-CA-14910-2015.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                             43 CIVIL APPLICATION NO. 14910 OF 2015
                                        IN FAST/28679/2015

                            The State Of Maharashtra And Others
                                          VERSUS
          Ramrao Vithalrao (mukadam) For Deshpande Died Thr His Lrs Jankabai And
                                           Others

                                               WITH
                               CIVIL APPLICATION NO. 14911 OF 2015
                                        IN FAST/28679/2015

                            The State Of Maharashtra And Others
                                          VERSUS
          Ramrao Vithalrao (mukadam) For Deshpande Died Thr His Lrs Jankabai And
                                           Others

                                              WITH
                               FIRST APPEAL (ST) NO. 28679 OF 2015

                            The State Of Maharashtra And Others
                                          VERSUS
          Ramrao Vithalrao (mukadam) For Deshpande Died Thr His Lrs Jankabai And
                                           Others

                                                  ...
          Smt. A. S. Mantri, AGP for State.
                                                  ...


                                            CORAM :      SIDDHESHWAR S. THOMBRE, J.
                                            DATE :       10 JULY 2026

          P. C.:

          1.        The Civil Application No.14910 of 2015 is filed for condonation of

          delay. Considering the averments made therein, the same is allowed.

          2.        Admit.

          3.        As the acquisition proceeding is of the year 1992, the Appeal is heard
          Shubham                                                                Page 1 of 3
                                                             43-CA-14910-2015.doc


finally with the consent of learned AGP for the Appellant-State.

4.        The land of Respondent-claimant was acquired for construction of

ring road, Ambajogai. The notification under Section 4 was published on

28th May 1992, declaration was published on 25 th February 1993, award

came to be passed on 31st December 1994, however the possession was

taken on 31st October 1985. The SLAO granted compensation @Rs.195 per

R, whereas the claimants have claimed compensation @Rs.10,890/- per R.

The learned Reference Court granted compensation @Rs.10/- per sq. ft.

5.        The learned AGP submits that the Reference Court has wrongly relied

upon sale instances below Exh.47, 49 and 50 dated 28 th May 1992, 12th

Deceased 1990 and 18th February 1992 respectively. He submits that the

claimants have failed to prove that the lands were non-agricultural in

nature. Therefore, the compensation awarded by the SLAO was adequate.

Hence, he prays to quash the impugned award.

6.        Though served, none appears for the Respondents.

7.        I have heard learned AGP for the State and perused the record. The

recital of the impugned award shows that the Respondents-claimants have

filed on record sale instances below Exh.47 to 51. The learned Reference

Court has relied upon sale instances below Exhs.47, 49 and 50 which were

prior to date of notification under Section 4. Particularly, the sale instance

below Exh.47 pertaining to survey No.373 was from the same village

Ambajogai which was genuine and safely reliable for reaching the market

Shubham                                                                 Page 2 of 3
                                                               43-CA-14910-2015.doc


value. The market value in the said sale instance was Rs.11.63 per sq. ft. The

learned Reference Court has granted compensation @Rs.10 per sq. ft. for the

acquired land, which in my opinion is appropriate and reasonable. Thus, I

do not find any reason to interfere with the impugned order to the extent of

quantum of compensation. Hence, I pass the following order:-

                                      ORDER

          i.   The First Appeal is dismissed.

8.        Pending Civil Applications, if any, stand disposed of.



                                          [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                   Page 3 of 3


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