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Bombay High Court

STATE OF MAHAversusNALINIBAI NARHAR PATIL

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the condonation of delay but dismissed the first appeals, affirming the compensation awarded by the Land Reference Court.

Summary

The State of Maharashtra filed applications seeking condonation of a 28‑day delay in filing first appeals against a 2001 judgment of the Jalgaon Land Reference Court concerning acquisition of land for a percolation tank. The appeals challenged the compensation awarded to the claimants, alleging that the amounts were excessive and not based on proper appreciation of evidence. The respondents argued that the land was seasonally irrigated and that the market value was correctly determined using a sale exemplar predating the acquisition notification. The High Court examined the evidence, including the sale exemplar and the seasonal irrigation status, and found the Reference Court’s assessment to be legally sound. Consequently, the court allowed the condonation applications but dismissed the first appeals, upholding the compensation awards.

Issues considered

  • Whether the 28‑day delay in filing the first appeals should be condoned.
  • Whether the compensation awarded by the Land Reference Court is excessive and contrary to the evidence.
  • Whether the market value assessment based on the sale exemplar is proper.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • condonation of delay
  • percolation tank
  • market value
  • seasonally irrigated land
  • Land Reference Court

Judgment

2026:BHC-AUG:24058


                                                                            ca9459.09
                                                  -1-


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             903 CIVIL APPLICATION NO. 9459 OF 2009
                                             IN/WITH
                                REJECTED CASE NO. 1636 OF 2003

                                       State of Maharashtra
                                             VERSUS
                                      Gulabrao Narayan Patil
                                                …..
                                                AND
                               CIVIL APPLICATION NO. 9461 OF 2009
                                              IN/WITH
                                REJECTED CASE NO. 1637 OF 2003

                                        State of Maharashtra
                                              VERSUS
                                        Nalinibai Narhar Patil
                                                 …..
                             Advocate for Applicant : Mr. K.N. Lokhande
                            Advocate for Respondents : Mr. C.K. Shinde
                                                  …..

                                     CORAM : SANJAY A. DESHMUKH, J.
                                     DATED : 17th JUNE, 2026

                 PER COURT :-


                 1.       These applications are filed for condonation of delay of 28

                 days caused in filing the first appeals.   Perused the applications.

                 Heard learned A.G.P. for the applicants and learned advocate for the

                 respondents. Learned advocate for the respondents strongly

                 opposed the applications and prayed to reject the applications, as

                 there is no sufficient cause shown to condone the delay.



                 2.       On perusal of the applications and the grounds stated
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therein, the applications deserve to be allowed. The applications are

accordingly allowed.



3.       In so far as the first appeals are concerned, issue notice to

the respondents. Learned advocate Mr. Shinde, waives notice for the

respondents. With consent of learned advocates for both the sides,

the appeals are taken up for final disposal.



4.       The first appeals are preferred against the common

judgment and award dated 05.02.2001 passed by the learned Land

Reference Court, Jalgaon in L.A.R. Nos. 305 of 2000 and 307 of

2000.



5.       The land of the claimant in L.A.R. No. 305 of 2000 bearing

block No. 75(1) admeasuring 1 H 1 Are and 0.33 R barren land and

the land of the claimant in L.A.R. No. 307 of 2000 bearing block No.

75(1) admeasuring 0.74 Are and 0.6 Are Potkharaba, situated at

village Taloda, Tq. Chalisgaon, district Jalgaon, were acquired for the

purpose of construction of percolation tank at village Taloda, Tq.

Chalisgaon, District Jalgaon, as per the notification issued under

Section 4 of the Land Acquisition Act, 1894, on 04.07.1996.



6.       Learned A.G.P. for the appellants pointed out that
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                                 -3-

compensation amounting to Rs.78,260/- in L.A.R. No. 305 of 2000

and Rs.58,237/- in L.A.R. No. 307 of 2000, including interest,

solatium, etc., had already been awarded by the L.A.O. However, the

learned Reference Court awarded compensation @ Rs.1,30,000/-

per hectare and, for 0.33 Are of barren land, compensation @

Rs.650/- per Are was awarded. He submitted that the evidence was

not properly appreciated. According to him, a huge amount of

compensation has been awarded to the claimants, which is not in

accordance with the evidence on record. He, therefore, prayed that

the appeals be allowed and the impugned judgment and award be

set aside.



7.       Learned advocate for the respondents-claimants opposed

the appeals and submitted that the evidence adduced by the

claimants was properly appreciated by the learned Reference Court,

which awarded a reasonable amount of compensation in accordance

with the market value of the acquired lands. He further submitted that

the claimants' lands were seasonally irrigated, a fact which was not

considered by the learned L.A.O. Therefore, the compensation

awarded by the learned Reference Court is just and reasonable, and

no interference is warranted in the impugned judgments and awards.



8.       On perusal of the impugned judgment and award alongwith
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the record and proceedings, this Court found that there is evidence

that the claimants’ lands are seasonally irrigated lands, having high

potentiality. This can be seen from 7x12 extract. The conclusion

drawn by the learned Reference Court on the basis of the

documentary evidence is legal and correct, and no interference is

warranted.   The evidence is properly appreciated and the market

value is drawn on the basis of Exh.16, the sale exemplar of block No.

224 which is at a distance of 2/3 fields from the said land. The said

sale exemplar was executed on 10.04.1996 which is three months

prior to issuance of notification under Section 4 of the L.A. Act, dated

04.07.1996. Thus, there is acceptable evidence of sale exemplar on

record.



9.        In the light of above, no interference is warranted in the

impugned judgment and award. The appeals therefore, deserve to

be dismissed and they are accordingly dismissed.



                                   (SANJAY A. DESHMUKH, J.)

rlj/


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