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Bombay High Court

THE CHIEF ENGINEER (CONSTRUCTION) CENTRAL RAILWAYversusMANCHAKRAO BAIRAM DONE AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The enhancement of compensation to Rs.6,000 per square foot is adequate and the Reference Court's reasoning is sound, so the award stands.

Summary

The Chief Engineer (Construction) of Central Railway sought condonation of a 168‑day delay in filing several first appeals challenging an award that enhanced compensation for land acquired at Harangul village for railway gauge conversion. The acquisition, notified under Section 4 of the Land Acquisition Act on 26 September 1995, originally awarded Rs.1,085 per square foot, which the Reference Court later enhanced to Rs.6,000 per square foot. The acquiring body argued that the enhancement was based on guesswork and the Reference Court erred by relying on the original award without proper reasoning, seeking to quash the award. The claimants contended that the sale instances presented were for non‑agricultural land and thus irrelevant, and that the enhancement to Rs.6,000 per square foot was appropriate. The court held that the sale instances indeed pertained to non‑agricultural land, justifying their exclusion, and found the enhancement to Rs.6,000 per square foot to be adequate. Consequently, the court dismissed the first appeals as devoid of merit and did not interfere with the award.

Issues considered

  • What is the appropriate basis for enhancing compensation under the Land Acquisition Act?
  • Whether the Reference Court erred in relying on the original award and discarding sale instances pertaining to non‑agricultural land?
  • Whether the enhancement to Rs.6,000 per square foot is legally sufficient?

Legislation cited

Subjects

  • land acquisition
  • compensation enhancement
  • delay condonation
  • first appeal
  • railway expansion
  • agricultural land
  • reference court

Judgment

2026:BHC-AUG:37062-DB

                                                                      937-CA-4402-2010.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                             937 CIVIL APPLICATION NO. 4402 OF 2010
                                        IN FAST/7742/2010

                          The Chief Engineer (construction) Central Railway
                                              VERSUS
                                 Manchakrao Bairam Done And Ors

                                              WITH
                                FIRST APPEAL (ST) NO. 7742 OF 2010

                          The Chief Engineer (construction) Central Railway
                                              VERSUS
                                 Manchakrao Bairam Done And Ors

                                              AND
                                  FIRST APPEAL NO. 3332 OF 2011

                          The Chief Engineer (construction) Central Railway
                                              VERSUS
                               Sau Shantabai Manohar Shinde And Ors

                                              AND
                                  FIRST APPEAL NO. 2335 OF 2014

                          The Chief Engineer (construction) Central Railway
                                              VERSUS
                                    Amin Dadan Kabade And Ors
                                                  ...
          Mr. Manish Navandar for Applicant.
          Mr. Rohit Gunale h/f V. D. Gunale for Respondent No.1.
          Mr. AAA Khan, AGP for State.
                                                ...

                                            CORAM :      SIDDHESHWAR S. THOMBRE, J.
                                            DATE :       6 AUGUST 2026

          P. C.:

          Civil Application No. 4402 Of 2010 in FAST/7742/2010

          1.        The present Civil Application is filed for condonation of delay of 168

          days in filing First Appeal.
          Shubham                                                                Page 1 of 4
                                                           937-CA-4402-2010.doc


2.        Considering the averments made in the Application, the delay is

condoned in terms of prayer clause ‘B’.

First Appeal (St) No. 7742 Of 2010, First Appeal No. 3332 Of 2011 and First
Appeal No.2335 Of 2014


3.        These First Appeals are not on board. Upon mentioning, taken on

board.

4.        The First Appeal Nos.3332 of 2011 and 2335 of 2014 are already

admitted. As the acquisition proceeding is of the year 1995, all the First

Appeals are being heard finally with the consent of learned counsel.

5.        The Appellant/acquiring body is assailing the order dated 15 th April

2009, passed by 3rd Jt. CJSD Latur in LAR Nos.132/2007, 275/2004 and

1115/1999 whereby enhanced compensation came to be granted to the

claimants.

6.        The land of the claimants at village Harangul (Bk.) Tq. Latur was

acquired for expansion of railway line into broad gauge. The notification

under Section 4 was published on 26th September 1995, award was passed

on 31st January 1999, the SLAO granted compensation @Rs.1085/- per R

which was enhanced by the learned Reference Court to the tune of

Rs.6,000/- per R. The claimants had claimed compensation @Rs.250/- per

sq. ft.

7.        The learned counsel for the acquiring body submits that the learned

Reference Court has granted enhancement to the tune of Rs.6000/- per R

Shubham                                                               Page 2 of 4
                                                         937-CA-4402-2010.doc


only upon guesswork and by relying upon award passed by the LAO which is

filed below Exh.22. The enhancement granted without giving reasons

deserves to be quashed. He further submits that the learned Reference Court

has rightly discarded the sale instances produced below Exhs.31 to 37, but it

erred in relying upon award passed by the LAO while enhancing the

compensation. Therefore, he prays to quash the impugned award.

8.        The learned AGP supports the submission of the learned counsel for

the acquiring body.

9.        Per contra learned counsel for the claimants submits that the

claimants had filed sale instances below Exhs.31 to 37 but the same were

discarded by the learned Reference Court on the ground that they pertained

to non-agricultural lands whereas the acquired land was agricultural land.

At the same time, learned Reference Court has enhanced the compensation

by relying upon award passed by the LAO thereby enhancing the

compensation to the tune of Rs.6000/- per R which is appropriate. Hence,

he prays to dismiss the First Appeals.

10.       Having considered rival submissions of the respective counsel and

upon perusal of record and proceeding it is clear that the sale instances

relied upon by the claimants were pertaining to non-agricultural lands.

Whereas the acquired lands were not converted into non-agricultural lands.

Therefore, the learned Reference Court has rightly discarded the said sale

instances below Exhs.31 to 37. Though the learned Reference Court has

Shubham                                                             Page 3 of 4
                                                               937-CA-4402-2010.doc


relied upon award passed by the LAO which was produced below Exh.22

wherein the LAO had awarded compensation of Rs.1085/- per R, the

learned Reference Court has enhanced the same to an adequate extent of

Rs.6000/- per R, which in my opinion can be said to be sufficient

enhancement. Thus, I do not find any reason to interfere with the impugned

award.

11.       Hence, the First Appeals being devoid of merits, are dismissed. No

order as to costs.

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



                                          [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                   Page 4 of 4


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