GMIDC THR THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR AND ANOTHERversusBAPURAO NAMDEO BEMBADE

2026:BHC-AUG:32072

                                                                                  CA 16649/15
                                                       1

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          BENCH AT AURANGABAD

                     21 CIVIL APPLICATION NO. 16649 OF 2015 IN FAST/33952/2015
                                                WITH
                      CIVIL APPLICATION NO. 16653 OF 2015 IN FAST/33166/2015
                                                WITH
                      CIVIL APPLICATION NO. 16654 OF 2015 IN FAST/33166/2015
                                                WITH
                      CIVIL APPLICATION NO. 16650 OF 2015 IN FAST/33952/2015
                                                WITH
                      CIVIL APPLICATION NO. 16652 OF 2015 IN FAST/33166/2015
                                                WITH
                      CIVIL APPLICATION NO. 16651 OF 2015 IN FAST/33952/2015

                   GMIDC THR THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION
                                   DIVISION, LATUR AND ANOTHER
                                                VERSUS
                                    BAPURAO NAMDEO BEMBADE
                                                  ...
                      Advocate for Applicants : Mrs. Bharaswadkar Patil Kalpalata
                                                   …

                                     CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                     Dated         : July 27, 2026


              PER COURT :-

              1.      In civil applications filed for condonation of delay in filing the

              appeals, for the reasons stated therein, the applications are allowed. Delay

              is condoned.

              2.      Admit.

              3.      As the acquisition proceedings were initiated in the year 1996, heard

              finally with the consent of the learned counsel for the appellant. None for

              the original claimants.

              4.      The present appeals are filed by the acquiring body, thereby

              challenging the judgment and award dated 29.7.2009 passed by the

              learned Civil Judge, Senior Division, Ahmedpur in LAR No.59/2002 and

              58/2002,    whereby     the    learned   reference   court   has   enhanced   the
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                                     2

compensation.

5.    The lands of the claimants were acquired for Narwatwadi Storage

Tank by issuing notification under section 4 of the Land Acquisition Act on

28.3.1996. The possession of the lands were taken through private

negotiations on 22.10.1994. The Special Land Acquisition Officer (SLAO)

has declared the award and has granted meager compensation. Being

aggrieved, the original claimants preferred above references. Before the

reference court the claimants have relied upon the sale instance below

Exh. 21 dated 30.4.1994 and considering the same, the reference court

has determined the market value of the acquired land as Rs.1,40,000/- per

H. for irrigated land Rs.70,000/- per H. for dry land. Hence, the present

appeals are filed by the acquiring body.

6.    The learned counsel for the appellant submits that the reference

court has wrongly relied upon the sale instance below Exh. 21 and wrongly

enhanced the compensation and prayed to allow the appeals.

7.    After going through the judgment and order passed by the learned

reference court, it appears that the lands of the claimants were acquired

for above project. The claimants have relied upon sale instance Exh. 21

dated 30.4.1994, which was prior to section 4 notification, by which 7 R.

land from Survey No. 193 from village Andhori was sold for Rs. 8000/-.

The reference court has rightly relied upon the sale instance below Exh. 21

dated 30.4.1994 as comparable sale instance and has rightly determined

the market value of the acquired land as Rs.1,40,000/- per H. for irrigated

land and Rs.70,000/- per H. for dry land considering the source of water

and crop pattern in the acquired lands. I see no error in the impugned

award of the reference court. Both the appeals are devoid of merits and
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                                       3

are hereby dismissed.

8.     Pending civil applications, if any, also stands disposed of.



                                           ( SIDDHESHWAR S. THOMBRE, J. )

ssc/