GAUTAMABAI KADU KOLIversusTHE STATE OF MAHARASHTRA THR DISTRICT COLLECTOR, JALGAON AND ORS

2026:BHC-AUG:42038



                                                       33-FA Nos.2326.2021 and others.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           928 FIRST APPEAL NO. 2326 OF 2021
                                    Gautamabai Kadu Koli
                                           VERSUS
                              The State Of Maharashtra And Ors

                                         WITH
                             FIRST APPEAL NO. 2327 OF 2021
                               Shantabai Jaydeo Dhake (Died)
                               Through L.Rs. Bhushan and anr.
                                           VERSUS
                              The State Of Maharashtra And Ors

                                         WITH
                             FIRST APPEAL NO. 2328 OF 2021
                          Namdeo Dagadu Kolhe, Through G.P.A. Ors.
                                          VERSUS
                             The State Of Maharashtra And Ors

                                                 ----
            Mr.Jitendra V. Patil, Advocate for appellants
            Mr.A.V.Lavate, AGP for respondent nos.1 and 2
            Mr.Sandesh R. Patil, Advocate for respondent no.3
                                                 ----

                                     CORAM :     AJIT B. KADETHANKAR, J.
                                     DATE  :     SEPTEMBER 09, 2026

            ORDER :-

                        All these First Appeals arise out of the respective Land

            Acquisition References mentioned in the charge which is produced

            below:-
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 Sr.           Party Names            First Appeal No.          LAR No.
 No.
     1   Gautama Bai Koli Vs. State    2326 of 2021         274 of 2014
     2   Shantabai Dhake Vs. State     2327 of 2021         276 of 2014
     3    Namdeo Kolhe Vs. State       2328 of 2021        1076 of 2014


2.           Mr.Jitendra Patil, learned advocates for the appellants/

claimants would submit that despite the claimants have produced

the sale instances which were executed much prior to date of

issuance of the Notification under Section 4 of the Land Acquisition

Act, reference court has absolutely not discussed anything about

those sale instances. He would add that instead of considering that

evidence the reference court found it convenient to rely on the rate

fixed by the said court in L.A.R. No.303 of 2013. The result of this

analogy applied by the reference court is that the claimants are held

entitled only for Rs.3,50,000/- per hectare. He further submits that

in view of Section 51A of the Act, certified copy of the sale deeds

tendered by the claimants for citing sale instances is admissible in

the evidence and hence the certified copy can be admitted in the

evidence and it was incumbent on the part of the reference court to

adjudicate the appellants’ claim on the basis of the cited sale

instances. He would submit that the appeals are fit to be remitted
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back to the reference court for rendering findings considering the

sale instances produced by the appellants which are exhibited.



3.         Mr.Sandesh Patil, learned advocate for respondent –

acquiring body would fairly agree with the contention that the court

has not at all discussed a single line about the sale instances relied

on by the claimants.



4.         Having heard learned advocates for both sides I find that

in fact the claimants have produced sale instances before the

reference court for consideration.       Except one sale deed dated

06.11.2009 all three instances were at least five years old prior to

the issuance of notification under Section 4 of the Act. Even the sale

deed dated 06.11.2009 is also prior to the issuance of notification

under Section 4 of the Act.



5.         It needs to be appreciated that the land acquisition for

the distributary of Waghur Dam Project affected the lands at village

Nashirabad, Bhadali and Bholane. It is a fair statement of learned

advocate for the appellants that the sale instances relied on by the

appellants are from Nashirabad village and yet could be read in

evidence for the purpose of accessing correct valuation in the
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present claims.   He would submit that in view of this facts, the

appeals be remitted back to the reference court with suitable

directions. I find that the request is a moderate one and in fact

deserves to be accepted in the fitness of the circumstances as

narrated by Mr.Patil, learned advocate for the appellants.



6.          It is not disputed by Mr.Sandesh Patil, learned advocate

for acquiring body that the distributary of Waghur Dam Project

comprised land acquisition for three villages i.e. Nashirabad, Bhadali

and Bholane. In view of this I deem it appropriate to dispose of the

appeals by remitting the parties back to the reference court                  to

decide the claims afresh on the point of appropriate valuation of the

subject matter properties. Hence, the following order:-


(I)         The First Appeals are partly allowed.


(II)        The   matters   are   remitted   back   to   the     concerned

reference court for adjudication afresh as directed herein.                 The

reference court shall consider the sale deeds produced and relied on

by the claimants which are referred at paragraph 16 of the common

judgment.
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(III)       The reference court shall also take into consideration that

the sale instances although do not belong to the village Bhadali, yet

they are from village Nashirabad          which is adjacent to Bhadali

village and where also land acquisition is conducted for the

distributary of Waghur Dam Project.

(IV)        The acquiring body is at liberty to cross-examine the

claimants, if so advised.

(V)         After assessing the evidence and considering the same

for fixation of adequate compensation the reference court shall

conclude the proceedings.

(VI)        The parties shall appear before reference court on

21.09.2026 with a copy of this order.

(VII)       Record and Proceedings, if called, be sent back.

(VIII)      The Reference Court is requested to conclude the

proceedings within a period of six months from receipt of the Record

and Proceedings.



                                 [AJIT B. KADETHANKAR, J.]
                               ………..


KBP