THE STATE OF MAHARASHTRA AND ANRversusDASHRATH DADARAO SATHE

2026:BHC-AUG:45707
                                                                      204-FA-2408-2008.odt
                                                1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            204 FIRST APPEAL NO. 2408 OF 2008

                            The State Of Maharashtra And Another
                                          VERSUS
                                   Dashrath Dadarao Sathe

                                              ……
          Mr. B.A. Shinde, AGP P, Advocate for Appellant
          Mr. V.V. Ingale, Advocate for Respondent
                                               …..

                                         CORAM : SIDDHESHWAR S. THOMBRE, J.
                                         DATE       : 28 SEPTEMBER, 2026
          PER COURT :

          1.     Heard the learned counsel for respective parties.


          2.     The present appeal is directed against the Judgment and Award

          dated 20.12.2007 passed by the learned Joint Civil Judge, Senior Division,

          Osmanabad, in Land Acquisition Reference No.12 of 2007 (Old LAR No.82

          of 2002), whereby the learned Reference Court partly allowed the reference

          under Section 18 of the Land Acquisition Act, 1894, and enhanced the

          compensation payable to the respondent-claimant along with the statutory

          benefits.


          3.     The land belonging to the respondent-claimant, admeasuring 1

          Hectare 12 R from Survey No.70, situated at Village Makani, Taluka

          Omerga, District Osmanabad, came to be acquired for the rehabilitation of

          earthquake-affected persons of Village Makani. The notification under
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Section 4 of the Land Acquisition Act, 1894, was published on 29.09.1994.

Thereafter, the Special Land Acquisition Officer passed an Award under

Section 11 of the Act on 03.03.1998, determining the market value of the

acquired land at the rate of Rs.18,000/- per Hectare. Being dissatisfied with

the compensation awarded, the respondent-claimant accepted the amount

under protest and sought a reference under Section 18 of the Act for

enhancement of compensation.


4.     Upon appreciation of the oral and documentary evidence adduced by

the parties, the learned Reference Court, by the impugned Judgment and

Award dated 20.12.2007, enhanced the market value of the acquired land to

Rs.13/- per Sq. Ft., together with all the statutory benefits. Aggrieved

thereby, the appellant-State has preferred the present appeal.


5.     The learned AGP appearing for the appellant-State submitted that

the learned Reference Court erred in enhancing the compensation in the

absence of cogent and reliable evidence on record. It is submitted that the

sale instance relied upon by the respondent-claimant was not a comparable

transaction and that the learned Reference Court had awarded excessive

compensation without any legal basis. It is, therefore, submitted that the

impugned Judgment and Award deserves to be set aside.


6.     Per contra, the learned counsel Mr. Ingale appearing for the

respondent-claimant supported the impugned Judgment and Award. He
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tenders across the Bar a copy of the order dated 03.02.2026 passed by the

Coordinate Bench of this Court in First Appeal No.2171 of 2009 with

connected matter, wherein enhancement of compensation was granted in

favour of the claimants whose lands were acquired from the same village,

i.e. Village Makani, for the same project, namely, rehabilitation of

earthquake-affected persons of Village Makani. It is submitted that the

appeal preferred by the State therein came to be dismissed.


7.     I have carefully considered the rival submissions advanced by the

learned counsel for the parties and perused the impugned Judgment and

Award as well and the material placed on record.


8.     It is an admitted position that, by order dated 03.02.2026, the

Coordinate Bench of this Court, in First Appeal No.2171 of 2009 with

connected matter, granted enhancement of compensation in favour of the

claimants whose lands were acquired from the same village, i.e. Village

Makani, for the same project, namely, rehabilitation of earthquake-affected

persons of Village Makani. The appeal preferred by the State therein came to

be dismissed.


9.     In view of the aforesaid order passed by the Coordinate Bench of this

Court in respect of the lands acquired from the same village and for the

same project, I see no reason to take a different view in the present appeal.

No case is, therefore, made out for interference with the impugned

Judgment and Award passed by the learned Reference Court.
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10.        In the result, the First Appeal is dismissed.


11.        Pending Civil Applications, if any, stand disposed of.



                                                [ SIDDHESHWAR S. THOMBRE ]
                                                          JUDGE




S P Rane