Bombay High Court
BABURAO BHANUDAS WAGHversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court held that the first appeals should be partially allowed, the earlier judgments and awards quashed, and the matters sent back to the Reference Court for fresh adjudication on their merits.
Summary
The High Court considered a batch of first appeals arising from land acquisition proceedings where claimants sought enhanced compensation. The appellants argued that, like in earlier cases, the matters should be sent back to the Reference Court for fresh adjudication. The Court noted that no fresh applications for document production had been filed but allowed the request as moderate and not prejudicial. It partially allowed the appeals, quashed the earlier judgments and awards of the Reference Court, and ordered the matters to be reheard by the Reference Court with liberty to adduce evidence, while denying interest and statutory benefits to claimants from the date of the earlier award. The parties were directed to appear before the Reference Court on a specified date and the proceedings were to be expedited.
Issues considered
- Whether the first appeals should be relegated to the Reference Court for fresh adjudication
- Whether the earlier judgments and awards of the Reference Court should be set aside
- Whether claimants are entitled to interest and statutory benefits from the date of the earlier award
- Whether parties may be permitted to adduce new evidence in the rehearing
Subjects
- land acquisition
- compensation
- reference court
- rehearing
- quash
- appeal
- evidence
- interest
- statutory benefits
Judgment
2026:BHC-AUG:42850
1
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 3248 OF 2021
Deubai Ananda Jare
VERSUS
The State Of Maharashtra And Another
...
Ms. M. V. Narwade, Advocate for Appellant in respective
matters
Mr. B. V. Virdhe, AGP for Respondent-State in respective
Mr. S. S. Dande, Advocate for Respondent no.2/Acquiring
Body in respective matters
...
WITH
FIRST APPEAL NO. 1980 OF 2019
Bhimbai Sopan Wagh
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 1376 OF 2020
Bhausaheb Rangnath Sase
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 1377 OF 2020
Dada Dhondiba Dhere
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3299 OF 2021
Malanbai Rambhau Khurat @ Kurhat (died) Thr Lrs Bapu And
Ors
VERSUS
The State Of Maharashtra And Anr
WITH
2
930-fa-3248-2021+
FIRST APPEAL NO. 3300 OF 2021
Shivnath Eknath Honde
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3301 OF 2021
Vimal Vitthal Aru
VERSUS
The State Of Maharashtra Through Collector, Ahmednagar
And Another
WITH
FIRST APPEAL NO. 3305 OF 2021
Dhondiram Khemji Kadam
VERSUS
The State Of Maharashtra Through Collector, Ahmednagar
And Another
WITH
FIRST APPEAL NO. 3303 OF 2021
Anna Hari Wagh
VERSUS
The State Of Maharashtra, Through Collector, Ahmednagar
And Another
WITH
FIRST APPEAL NO. 1372 OF 2020
Rambhau Murlidhar Dhere
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3304 OF 2021
Sakharam Bhanudas Wagh (deceased) Thr Lrs. Vijay
Sakharam Wagh
VERSUS
The State Of Maharashtra, Through Collector, Ahmednagar
And Another
WITH
3
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FIRST APPEAL NO. 1983 OF 2019
Sushilabai Haribhau Vairagal And Ors
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 1373 OF 2020
Dilip Bhausaheb Sase
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3254 OF 2021
Sunita Bhausaheb Sase
VERSUS
The State Of Maharashtra And Another
WITH
FIRST APPEAL NO. 3252 OF 2021
Bhaurao Kisan Sase
VERSUS
The State Of Maharashtra And Another
WITH
FIRST APPEAL NO. 3258 OF 2021
Subhash Namdeo Dighe
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Anr
WITH
FIRST APPEAL NO. 3259 OF 2021
Rambhau Namdeo Dighe
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Anr
WITH
FIRST APPEAL NO. 3260 OF 2021
Yeshwant Jaywant Kurhat
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Anr
4
930-fa-3248-2021+
WITH
FIRST APPEAL NO. 3295 OF 2021
Damodhar Shaharam Pund
VERSUS
The State Of Maharashtra Through Collector, Ahmednagar
And Another
WITH
FIRST APPEAL NO. 3250 OF 2021
Sangita Bhausaheb Sase
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3251 OF 2021
Gorakshnath Murlidhar Dhere
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3253 OF 2021
Shobha Bhausaheb Sase
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3296 OF 2021
Pralhad Murlidhar Jare
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Anr
WITH
FIRST APPEAL NO. 1976 OF 2019
Raghunath Vithoba Sase
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 1977 OF 2019
Rabhaji Malhari Bhosale
VERSUS
The State Of Maharashtra And Anr
5
930-fa-3248-2021+
WITH
FIRST APPEAL NO. 1982 OF 2019
Jankabai Asaram Jare
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3298 OF 2021
Hari Shaharam Pund
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 1978 OF 2019
Baburao Bhanudas Wagh
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 1979 OF 2019
Bhimabai Ambadas Zarekar
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3297 OF 2021
Bajirao Murlidhar Honde (died) Thr Lrs Bhausaheb Bajirao
Honde
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Anr
WITH
FIRST APPEAL NO. 1374 OF 2020
Sandeep Bhausaheb Sase
VERSUS
The State Of Maharashtra And Anr
WITH
6
930-fa-3248-2021+
FIRST APPEAL NO. 361 OF 2022
Anna Hari Wagh
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 1375 OF 2020
Machhindra Murlidhar Dhere
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3249 OF 2021
Changunabai Rangnath Shinde (died) Thr Lrs Shivram And
Ors
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3255 OF 2021
Bhemraj Vithoba Sase And Ors
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 3257 OF 2021
Kausabai Haribhau Kurhat
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Anr
WITH
FIRST APPEAL NO. 1981 OF 2019
Sarangdhar Kundalik Jare
VERSUS
The State Of Maharashtra And Anr
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 16TH SEPTEMBER, 2026
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P.C. :-
. Feeling aggrieved by the following common judgment
and award the claimants have lodged the present First
Appeals seeking enhancement in the compensation:
Sr. First Appeal L.A.R. No. Judgment Court
No. No. date
1 3248 of 2021 668 of 2010
(Old No.108 of 2000)
2 1976 of 2019 731 of 2010
(Old No.131 of 2000)
3 1977 of 2019 653 of 2010
(Old No.93 of 2000)
4 1372 of 2020 596 of 2010
(Old No.5 of 2000)
5 3301 of 2021 666 of 2010
(Old No.106 of 2000)
6 1374 of 2020 623 of 2010 Civil Judge
(Old No.63 of 2000) Senior
30.04.2012 Division,
7 3250 of 2021 627 of 2010 Newasa
(Old No.67 of 2000)
8 1375 of 2020 699 of 2010
(Old No.113 of 2000)
9 3298 of 2021 700 of 2010
(Old No.114 of 2000)
10 3299 of 2021 604 of 2010
(Old No.44 of 2000)
11 3305 of 2021 616 of 2010
(Old No.56 of 2000)
12 3254 of 2021 652 of 2010
(Old No.92 of 2000)
13 1980 of 2019 637 of 2010
(Old No.77 of 2000)
8
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Sr. First Appeal L.A.R. No. Judgment Court
No. No. date
14 3251 of 2021 751 of 2010
(Old No.151 of 2000)
15 3258 of 2021 704 of 2010
(Old No.118 of 2000)
16 3297 of 2021 709 of 2010
(Old No.123 of 2000)
17 1981 of 2019 641 of 2010
(Old No.81 of 2000)
18 3253 of 2021 626 of 2010
(Old No.66 of 2000)
19 3259 of 2021 735 of 2010
(Old No.135 of 2000)
20 3255 of 2021 656 of 2010 Civil Judge
(Old No.96 of 2000) Senior
21 1377 of 2020 654 of 2010 30.04.2012 Division,
(Old No.94 of 2000) Newasa
22 1978 of 2019 603 of 2010
(Old No.32 of 2000)
23 1979 of 2019 606 of 2010
(Old No.46 of 2000)
24 1376 of 2020 624 of 2010
(Old No.64 of 2000)
25 3257 of 2021 665 of 2010
(Old No.105 of 2000)
26 1982 of 2019 671 of 2010
(Old No.111 of 2000)
27 3303 of 2021 594 of 2010
(Old No.30 of 2000)
28 3249 of 2021 659 of 2010
(Old No.99 of 2000)
29 3252 of 2021 740 of 2010
(Old No.140 of 2000)
30 3300 of 2021 728 of 2010
(Old No.128 of 2000)
31 1373 of 2020 625 of 2010
(Old No.65 of 2000)
9
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Sr. First Appeal L.A.R. No. Judgment Court
No. No. date
32 1983 of 2019 658 of 2010
(Old No.98 of 2000)
33 3304 of 2021 736 of 2010
(Old No.136 of 2000)
34 3260 of 597 of 2010
2021 (Old No.6 of 2000) Civil Judge
35 3296 of 2021 622 of 2010 30.04.2012 Senior
(Old No.62 of 2000) Division,
Newasa
36 361 of 2022 594 of 2010
(Old No.30 of 2000)
37 3295 of 2021 749 of 2010
(Old No.149 of 2000)
2. During the course of hearing Ms. M. V. Narwade placed
on record order dated 04.09.2026 passed by this Court in Civil
Application No.10185 of 2026 in First Appeal No.1984 of
2019. In the cited case, referring to the earlier order passed by
this Court on 19.08.2006 in Civil Application No.8482 of
2026, this Court relegated the parties thereto to the Reference
Court for fresh adjudication of the claim itself.
3. Ms. M. V. Narwade, learned Advocate for the claimants
as also Mr. S. S. Dande, learned Advocate for the Acquiring
Body submit that present First Appeals also deserve to be
relegated back to the Reference Court for fresh adjudication in
terms of the order passed by this Court on 04.09.2026.
10
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4. Suffice to note, in the cited matters there were
applications filed by the claimants/appellants seeking leave to
produce certain documents in support of their claim. In order
to give an opportunity to the claimants to support their claim
and also an opportunity to the Acquiring Body to dispute such
entitlement, this Court has relegated those matters back to the
Reference Court with liberty to the parties as observed.
5. Ms. M. V. Narwade submits that in the instant matters,
no such application is filed. However, Ms. Narwade submits
that the present proceedings arise out of the same land
Acquisition Proceeding which is subject matter of common
judgment and award. She submits that the appellants-
claimants seek to rely upon similar evidence in the present
appeals.
6. In the fitness of circumstances, I find that the request is
moderate one and will not cause any prejudice to the other
side. In view of this, I pass following order:
ORDER
a. First Appeals are allowed partly.
b. Impugned judgment and awards passed by
the Reference Court is quashed and set aside and
the matters are relegated to the Reference Court
to decide them afresh on their own merits.
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c. All points are kept open. Parties are liberty
to adduce evidence.
d. The Reference Court shall consider the
objections to be raised by the Acquiring Body as
permissible in law and shall examine the
genuineness of the claims on their own merits.
e. Appellants-claimants shall not be entitled to
claim interest and statutory benefits from the date
of earlier judgment and award passed by the
Reference Court till September 2026.
f. Parties shall appear before the Reference
Court on 12.10.2026. It is candidly agreed by the
parties that no separate notice for appearance
shall be required.
g. The Reference Court shall decide the
matters expeditiously.
h. It will be open for the Reference Court to
consider earlier pleadings and the evidence on
record in-juxta position with the subsequent
pleadings and evidence.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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