THE STATE OF MAHARASHTRA AND ANRversusLILABAI SAVLERAM KORADE

2026:BHC-AUG:28377
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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                           932 FIRST APPEAL (STAMP) NO.4891 OF 2017
                                             WITH
                              CIVIL APPLICATION NO. 4265 OF 2017
                                       IN FAST/4891/2017

                             THE STATE OF MAHARASHTRA AND ANR
                                              VERSUS
                                   LILABAI SAVLERAM KORADE
                                                  ...
               Mr. D. R. Korde, AGP for the Applicant/State.
               Mr. Prafulla J. Sagalgile h/f. Mr. Rahul R. Karpe, Advocate for
               Respondent.
                                                  …

                                                AND
                              FIRST APPEAL (STAMP) NO.4896 OF 2017
                                               WITH
                                CIVIL APPLICATION NO. 4263 OF 2017
                                         IN FAST/4896/2017

                             THE STATE OF MAHARASHTRA AND ANR
                                              VERSUS
                                BAJIRAO LAHANU KOTKAR AND ORS
                                                  …
               Mr. D. R. Korde, AGP for the Applicant/State.
               Mr. Prafulla J. Sagalgile h/f. Mr. Rahul R. Karpe, Advocate for
               Respondent Nos.1 to 8.
                                                  …

                                       CORAM :          SIDDHESHWAR S. THOMBRE, J.
                                       DATE     :       2nd JULY, 2026

               P.C.:-

               CIVIL APPLICATION NOS.4265 OF 2017 & 4263 OF 2017:-

               1.        By   these   applications,      the   Appellants    are    seeking

               condonation of delay of 567 days and 496 days, respectively, in filing

               the First Appeals.
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2.        Considering the averments made in the applications and the

grounds stated therein, the applications are allowed. The delay in filing

the First Appeals is condoned.

FIRST APPEAL (STAMP) NOS.4891 OF 2017 & 4896 OF 2017:-

3.        Both the learned Advocates submit that as the acquisition

proceeding was initiated in the year 2009, the first appeals be heard

finally. Therefore, appeals are Admitted and taken up for final hearing

with the consent of learned Advocates.


4.        By the present appeals, the Appellants/State are aggrieved by

the judgment and award dated 29.04.2015 passed by the learned 4th

Joint Civil Judge, Senior Division, Ahmednagar, in LAR Nos.22 of 2013

and 26 of 2013, whereby the learned Reference Court enhanced the

compensation payable in respect of the lands acquired for the Nagar

Bypass Road project.


5.        Learned AGP for the Appellants/State submits that the

learned Reference Court erred in treating the acquired land as non-

agricultural land while determining its market value. He invited my

attention to the award passed by the Special Land Acquisition Officer

(SLAO)    and   submitted    that   the   SLAO   has   rightly    granted

compensation. He further submits that the learned Reference Court

without assigning reasons granted compensation @ of Rs.42,150/- per

R, which is exorbitant. He also submits that the sale instances relied
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upon by the learned Reference Court were not appreciated in their true

perspective of nature, proximity, location, quality, classification and

potentiality of the land therein with that of land acquired. He also

contended that the learned Reference Court placed more reliance on

the evidence adduced by the Claimant, whereas ignored the evidence

of State/acquiring body thereby arriving at incorrect conclusion.


6.        Mr. Prafulla J. Sagalgile holding for Mr. Rahul R. Karpe,

learned Advocate for the Respondents, supported the judgment and

award passed by the learned Reference Court.


7.        I have heard the learned Advocates for the respective parties

and perused the impugned judgment and award as well as the award

passed by the SLAO. However, the evidence on record, including the

award passed in LAR Nos.278/2011 and 303/2011 relied upon by the

Claimants, establishes that the lands in vicinity of acquired lands had

already been converted into non-agricultural lands. The learned

Reference Court, therefore, rightly relied upon the award passed in

LAR Nos.278/2011 and 303/2011 relating to non-agricultural lands

while determining the market value. The SLAO ignored their non-

agricultural potential thereby denying compensation at the appropriate

market rate.


8.        The learned Reference Court has, therefore, rightly held that

the lands in vicinity of acquired lands was having non-agricultural
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          potential and the acquired land was situated within the limits of

          Municipal Corporation, Ahmednagar.         The learned Reference Court

          after considering the award passed in LAR Nos.278/2011 and

          303/2011, determined the market value accordingly. I do not find any

          perversity, illegality or infirmity in the impugned judgment and award

          warranting interference.


          9.        Hence, the present appeals are dismissed. There shall be no

          order as to costs.

          10.       Pending civil applications, if any, are also disposed of.


                                              (SIDDHESHWAR S. THOMBRE, J.)

Tauseef