Bombay High Court
NAGNATH TATYA HALGE L.RS. SOMNATH NAGNATHAPPA HALGEversusTHE STATE OF MAH
- Disposal
- DISMISSED
Holding
The High Court dismissed the appeals, holding that the reference court had correctly determined the compensation and no error or perversity was evident.
Summary
The appellants, original claimants whose lands were acquired for the Parli‑Jalalpur road project, challenged the compensation award dated 31 July 2006 rendered by the Additional District Judge, Ambajogai. The lands had been taken under a notification issued pursuant to Section 4 of the Land Acquisition Act, with initial compensation assessed at Rs.0.80‑Rs.1 per square foot, later enhanced by the reference court to Rs.3 per square foot. The appellants contended that the reference court failed to properly consider the evidence and that the award remained meager. The State, represented by the Attorney General's Pleader, argued that the reference court had correctly evaluated the evidence and arrived at a proper compensation figure. After reviewing the record, the High Court found no illegality or perversity in the reference court's determination and upheld the award. Consequently, the appeals were dismissed, and any pending civil applications were also disposed of.
Issues considered
- What is the appropriate quantum of compensation for land acquired under Section 4 of the Land Acquisition Act?
- Whether the reference court erred in its assessment of compensation by not properly considering the evidence on record.
Legislation cited
- Land Acquisition Act — s. 4
Subjects
- land acquisition
- compensation
- Section 4
- Land Acquisition Act
- appeal
- reference court
Judgment
2026:BHC-AUG:37355
FA 1234/06 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
4 FIRST APPEAL NO. 1234 OF 2006
NAGNATH TATYA HALGE L.RS. SOMNATH NAGNATHAPPA HALGE
VERSUS
THE STATE OF MAHARASHTRA
...
WITH
FIRST APPEAL NO. 1237 OF 2006
NAGNATH TATYA HALGE DIED THR. LRS SOMNATH NAGNATHAPPA HALGE
VERSUS
THE STATE OF MAHARASHTRA
…
WITH
FIRST APPEAL NO. 1235 OF 2006
NAGNATH TATYA HALGE L.RS. SOMNATH NAGNATHAPPA HALGE
VERSUS
THE STATE OF MAHARASHTRA
…
WITH
FIRST APPEAL NO. 1236 OF 2006
NAGNATH TATYA HALGE L.RS. SOMNATH NAGNATHAPPA HALGE
VERSUS
THE STATE OF MAHARASHTRA
…
Advocate for Appellants in all matters : Mr. Rajendra S. Deshmukkh, Senior
counsel a/w. Ms. Ashwini Deshmukh i/b. Ms. Shital S. Karle
AGP for Respondent/State : Mr. S.S. Dande
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 17, 2026
PER COURT :-
1. As the acquisition proceedings were initiated long back, heard finally
with the consent of learned senior counsel Mr. Rajendra S. Deshmukh a/w.
Ms. Ashwini Deshmukh i/b. Ms. Shital S. Karle and Mr. S.S. Dande, learned
AGP for State.
2. By these appeals, the appellant/original claimants assail the
FA 1234/06 & Ors.
2
judgment and award dated 31.7.2006 passed by the learned II Adhoc
Additional District Judge, Ambajogai in LAR No. 52/1985, 9/1981, 54/1985
and 53/1985 for further enhancement of compensation.
3. The lands of the original claimants were acquired for the project Parli-
Jalalpur road by issuing notification under section 4 of the Land Acquisition
Act. Possession of the lands was taken over in 1976. SLAO has awarded
compensation at the rate of Rs.80 ps. to Rs.1/- per sq. ft. Being aggrieved
by the same, the claimants preferred the reference in which the reference
court enhanced the compensation at the rate of Rs.3/- per sq. ft. Being
aggrieved by the same, the present first appeals are filed by the original
claimants.
4. Mr. Rajendra S. Deshmukh, learned Senior counsel appearing for the
appellants/original claimants submits that the learned reference court has
not considered the evidence on record in proper perspective and has
awarded very meager compensation and prays to allow the appeal.
5. Mr. S.S. Dande, learned AGP supports the order passed by the
reference court and submits that the reference court has rightly determined
the compensation of the acquired lands after considering the available
evidence on record and prays to dismiss the appeals.
6. Having heard the learned counsel for respective parties, with their
assistance, I have gone through the record and proceedings and judgment
and award of the reference court. After going through the same, it appears
that the lands of the original claimants were acquired for the project Parli-
Jalalpur road by issuing notification under section 4 of the Land Acquisition
Act. The learned reference court, after considering the evidence led by the
parties, has rightly determined the compensation and therefore, I do not
FA 1234/06 & Ors.
3
find any illegality or perversity in the order passed by the learned reference
court. No case is made out by the claimants for interference in the
impugned judgment and award. Hence, the appeals are dismissed.
7. Pending civil applications, if any, are also disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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