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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

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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