Bombay High Court
GMIDC THR THE EXE ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR AND ANOTHERversusBAPURAO NAMDEO BEMBADE AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The reference court correctly relied on the pre‑notification sale and properly determined the market value, so the appeals are dismissed.
Summary
The GMIDC, as the acquiring authority, appealed a reference court award that enhanced compensation for land acquired for the Narwatwadi Storage Tank. The land was taken under a Section 4 notification of the Land Acquisition Act, 1894, with possession taken in 1994 and the award declared later. The reference court had used a pre‑notification sale (Exh. 21 dated 30‑April‑1994) as a comparable to determine market value, arriving at Rs 1,40,000 per hectare for irrigated land and Rs 70,000 per hectare for dry land. The appellant argued that this reliance was erroneous and sought to overturn the award, also filing for condonation of delay. The High Court condoned the delay but held that the reference court correctly relied on the sale instance and properly assessed market value, dismissing the appeals as devoid of merit.
Issues considered
- Whether the reference court erred in relying upon a pre‑notification sale as a comparable for determining market value under the Land Acquisition Act.
- Whether the appeal filed by the acquiring authority is maintainable despite the delay in filing.
Legislation cited
- Land Acquisition Act, 1894 — s. 4
Subjects
- land acquisition
- compensation
- delay condonation
- reference court
- market value
- irrigation project
Judgment
2026:BHC-AUG:32076
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
CA 16649/15
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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are hereby dismissed.
8. Pending civil applications, if any, also stands disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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