Bombay High Court
THE STATE OF MAHARASHTRA AND ANOTHERversusPARAJI JABA NARHE
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The appeal is dismissed as the State made no case against the modest enhancement of compensation.
Summary
The State of Maharashtra appealed a reference court order that had enhanced compensation for land acquired in 1993 for a minor irrigation tank. The land, 11 roods from Gat No. 203 in Dhoki village, was taken under a notification issued under Section 4 of the Land Acquisition Act. The Special Land Acquisition Officer initially awarded compensation, but the claimants filed a reference under Section 18 alleging the award was meager. The reference court increased the compensation to Rs. 6,234, and the State challenged this enhancement. The High Court held that the modest increase did not warrant interference and dismissed the appeal, also allowing a separate civil application for condonation of delay.
Issues considered
- Whether the reference court erred in enhancing the compensation awarded under Section 18 of the Land Acquisition Act
Legislation cited
- Land Acquisition Act — s. 18, 4
Subjects
- land acquisition
- compensation
- reference under Section 18
- enhancement of compensation
- appeal dismissed
- condonation of delay
Judgment
2026:BHC-AUG:46542
CA 8753/13
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
4 CIVIL APPLICATION NO. 8753 OF 2013
IN FAST/6226/2013
THE STATE OF MAHARASHTRA AND ANOTHER
VERSUS
PARAJI JABA NARHE
...
AGP for Applicant/State : Mr. A.D. Wange
Advocate for Respondent : Mr. R.S. Kasar
...
WITH
CIVIL APPLICATION NO. 8754 OF 2013
IN FAST/6226/2013
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : September 30, 2026
PER COURT :-
1. In civil application filed for condonation of delay, heard the learned
AGP for the State/appellant. For the averments made in the application, the
application is allowed. Delay is condoned.
2. As the acquisition proceeding is initiated in the year 1993, heard
finally with the consent of learned counsel for respective parties.
3. By this appeal, the appellant/State assails the judgment and award
dated 22.6.2010 passed by the 3 rd Jt. Civil Judge, Senior Division,
Ahmednagar in LAR No. 121/1998 whereby the learned reference court has
enhanced the amount of compensation.
4. The land of the claimant admeasuring 11 R. from Gat No. 203
situated at village Dhoki, Taluka Parner, was acquired for Minor Irrigation
Tank. Notification under section 4 of the Act came to be issued on
22.8.1993. The Special Land Acquisition Officer has declared the award and
has granted compensation. Hence, reference under section 18 of the Act
CA 8753/13
2
was filed by the claimants as the SLAO has granted very meager
compensation. The learned reference court after considering the evidence
on record has enhanced the compensation and therefore, present appeal is
filed by the State.
5. After going through the order passed by the reference court, it
appears that in the present matter 11 R. land was acquired from Gat No.
203 situated at village Dhoki, Taluka Parner and the reference court has
enhanced compensation amount of Rs.6234/- only. Therefore, considering
the above, as only Rs.6234/- was enhanced by the reference court, I hold
that no case is made out by the State in the present first appeal. The appeal
is devoid of merits and the same is dismissed. Pending civil application, if
any, stands disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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