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
- Land Acquisition Act, 1894 — s. 4, 6
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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