Bombay High Court

PADMABAI HARIBHAU JAREversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The court held that the earlier judgment and award must be set aside and the case remitted to the reference court to consider the additional evidence and determine compensation afresh, without granting interest to the appellant.

Summary

The appellant, Padmabai Haribhau Jare, appealed against a 2012 compensation award in a land acquisition case, seeking an enhanced amount. A civil application was filed to admit additional evidence of prior sale transactions before the Section 4 notification. Both parties agreed that the acquiring authority should also be allowed to contest the new evidence. The High Court allowed the appeal in part, quashed the earlier judgment, and remitted the matter to the reference court for a fresh determination with the new evidence. The court barred the appellant from claiming interest or statutory benefits from the date of the original award until September 2026. The reference court was directed to hear the parties expeditiously on 21 September 2026.

Issues considered

Whether additional evidence relating to pre‑Section 4 sales can be admitted after a judgment in a land acquisition case
Whether the compensation award can be enhanced based on the newly admitted evidence
Whether the appellant is entitled to interest or statutory benefits from the date of the original award
Whether the earlier judgment should be set aside and the matter remitted for fresh determination

Subjects

land acquisition
compensation enhancement
additional evidence
remand
interest
procedural law

Judgment

2026:BHC-AUG:41478



                                                      1
                                                                     950-ca-10185-2026

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                         CIVIL APPLICATION NO. 10185 OF 2026 IN FA/1984/2019

                                       Padmabai Haribhau Jare.
                                               VERSUS
                      State Of Maharashtra, Through Collector, Ahilyanagar And
                                                  Anr.
                                                   ...
                     Ms. M. V. Narwade, Advocate for Applicant
                     Mr. S. P. Sonpawale, AGP for Respondent-State
                     Mr. S. S. Dande, Advocate for Respondent no.2
                                                  …..
                                         CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 04TH SEPTEMBER, 2026
                     P.C. :-

                     CIVIL APPLICATION NO. 10185 OF 2026
                     FIRST APPEAL NO.1984 OF 2019

                     .         Feeling aggrieved by the judgment and award dated

                     30.04.2012 passed by the learned Civil Judge, Senior Division,

                     Newasa, in Land Acquisition Reference No. 669 of 2010, the

                     claimant has filed the First Appeal seeking enhancement in the

                     compensation.

                     2.        The present Civil Application is filed by the claimant

                     seeking permission to produce additional evidence, which

                     contains some sale instances prior to the Section 4

                     notification. A prayer is also made to consider those sale

                     instances for determination of the correct enhancement.
                                  2
                                                 950-ca-10185-2026

3.    Mr. S. S. Dande, learned Advocate for the acquiring

body would submit that considering that this is a piece of

beneficial legislation, no doubt the claimant must get an

opportunity to lead proper evidence to sought correct

valuation of their land. However he submits that, at the same

time the acquiring body must get an opportunity to counter

such evidence, if necessary and if found needed.

4.    On the backdrop of these arguments, both the learned

Advocates for the respective parties referred to an order dated

19.08.2026 passed by this Court in Civil Application No.8482

of 2026 with connected matters. Citing that order, both the

learned Advocates pray that the matter be relegated back to

the Reference Court to enable the applicants to adduce the

additional evidence, as is mentioned in the present Civil

Application.

5.    Considering the joint request, I deem it appropriate to

dispose of the First Appeal in the following terms:

                               ORDER
      a.       First Appeal is allowed partly.
      b.    Impugned judgment and award passed by
      the Reference Court is quashed and set aside and
      the matter is relegated to the Reference Court to
      decide it afresh on its own merits.
                                 3
                                                 950-ca-10185-2026

        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 claim on its own merits.
        e.    Appellant-claimant 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 21.09.2026. It is candidly agreed by the
        parties that no separate notice for appearance
        shall be required.
        g.    The Reference Court shall decide the
        matter expeditiously.
        h.    Civil Application for production           of
        additional document stands disposed of.
        i.    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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