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Bombay High Court

THE STATE OF MAHARASHTRAversusCHANGDEO VITHOBA KAMBLE DIED HIS LRS KALAWATI CHANGDEO KAMBLE AND OTHERS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The appeals are dismissed and the reference court’s award of Rs 40,000 per acre compensation is upheld.

Summary

The State of Maharashtra appealed against a reference court’s enhancement of compensation for land acquired in 1994 for a percolation tank at Bhavanwadi. The State argued that the reference court wrongly relied on sale transactions from the neighboring village of Bavi, which were not comparable. The respondents contended that the adjacent village’s sales were relevant and supported the enhanced award of Rs 40,000 per acre. The court examined the sale instances, noted the villages were only 1 km apart, and accepted the average market value derived after a 25% deduction for smaller parcel size. Finding no perversity, the court upheld the reference court’s award and dismissed the appeals. Consequently, the pending civil applications were also deemed disposed.

Issues considered

  • Whether the reference court erred in enhancing compensation by relying on sale instances from an adjacent village.
  • Whether sale transactions from a different village can be used to determine market value for compensation.
  • Whether the 25% deduction for smaller size of the sale parcels is appropriate.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • market value
  • reference court
  • percolation tank
  • appeal
  • Section 4
  • Section 6
  • SLAO

Judgment

2026:BHC-AUG:29344

                                                                33-CA-5800-2015.doc




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                         33 CIVIL APPLICATION NO. 5800 OF 2015
                                   IN FAST/12302/2015

                                The State Of Maharashtra
                                        VERSUS
            Changdeo Vithoba Kamble Died His Lrs Kalawati Changdeo Kamble And
                                         Others

                                         WITH
                          CIVIL APPLICATION NO. 5801 OF 2015
                                  IN FAST/12302/2015

                                The State Of Maharashtra
                                        VERSUS
            Changdeo Vithoba Kamble Died His Lrs Kalawati Changdeo Kamble And
                                         Others

                                         WITH
                          CIVIL APPLICATION NO. 5802 OF 2015
                                  IN FAST/12305/2015

                                 The State Of Maharashtra
                                         VERSUS
                          Jaysing Changdeo Kamble And Another

                                         WITH
                          CIVIL APPLICATION NO. 5803 OF 2015
                                  IN FAST/12305/2015

                                 The State Of Maharashtra
                                         VERSUS
                          Jaysing Changdeo Kamble And Another

                                         WITH
                          FIRST APPEAL (ST) NO. 12302 OF 2015

                                The State Of Maharashtra
                                        VERSUS
            Changdeo Vithoba Kamble Died His Lrs Kalawati Changdeo Kamble And
                                         Others

          Shubham                                                         Page 1 of 4
                                                              33-CA-5800-2015.doc




                                     WITH
                      FIRST APPEAL (ST) NO. 12305 OF 2015

                             The State Of Maharashtra
                                     VERSUS
                      Jaysing Changdeo Kamble And Another

                                         ...
Mr. S. S. Dande, AGP for State.
Mr. S. A. Wakure for Respondent Nos.1a to 1d and 1f.
                                    ...


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

P. C.:

1.        There is delay in filing First Appeals. Considering the averments made

in the Civil Applications, the same are allowed. The delay in filing the

captioned First Appeals is condoned.

2.        As the acquisition proceeding is of the year 1994, the First Appeals are

heard finally with the consent of learned counsel.

3.        The lands of the claimants were acquired for construction of

percolation tank at Bhavanwadi. The notification under Section 4 was

published on 6th October 1994. Declaration under Section 6 was issued on

8th August 1996. The possession of the land was taken on 28 th October 1991

and the award was passed on 31st December 1999. The SLAO granted

compensation @Rs.15,000/- per hector. The claimants claimed the same

@Rs.40,000/- per acre and the Reference Court enhanced the same to

Rs.40,000/- per acre.
Shubham                                                                 Page 2 of 4
                                                         33-CA-5800-2015.doc


4.        Learned AGP submits that the SLAO has granted adequate

compensation which was erroneously enhanced by the learned Reference

Court. The learned Reference Court ought not have relied upon sale

instances below Exh.28 and 29 as the same were not from the village from

where the land was acquired. It has come on record that there is

considerable distance between the land in sale instance and the land

acquired. Thus, the learned Reference Court has wrongly enhanced the

compensation.

5.        Per contra, Mr. Wakure supports the impugned award passed by the

Reference Court. He submits that the claimants had filed on record two sale

instances below Exh.28 and 29 which were from the village Bavi which is

adjacent to the village Bhavanwadi and this fact has been proved by village

map filed below Exh.40. Thus, he supports the impugned order and prays to

dismiss the present Appeals.

6.        I have heard learned counsel for the parties and gone through the

record. The impugned order reveals that the learned Reference Court has

relied upon sale instances below Exh.28 and 29 along with a village map at

Exh.40. Both the sale instances are from village Bavi. The village map at

Exh.40 shows that the village Bavi is at a distance of 1 km from village

Bhavanwadi and both are adjacent to each other. Thus, these sale instances

can safely be relied upon for determination of market value. Land in sale

instance at Exh.28 dated 30th May 1994 was sold for consideration of

Shubham                                                            Page 3 of 4
                                                                   33-CA-5800-2015.doc


Rs.45,000/- (Rs.90,000/- per acre)and that of sale instance below Exh.29

dated 25th July 1994 was sold at Rs.4,000/- (Rs.64,000/- per acre). The

learned Reference Court has taken average of these market values and

further deducted 25% towards smaller size of the lands in sale instances.

Thus, the market value came to Rs.57,750/-, but as the claimants had

restricted their claim to Rs.40,000/- per acre, the learned Reference Court

rightly granted compensation @Rs.40,000/- per acre. Therefore, I do not

find any perversity in the impugned award.

7.        Hence, the Appeals are dismissed. No order as to costs.

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



                                          [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                      Page 4 of 4


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