Bombay High Court
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD THR GMIDC, AURANGABADversusBHAGWAT KASHINATH MOHITE AND ANR
- Disposal
- DISMISSED
Holding
The Reference Court’s reliance on the neighboring‑village sale deed for escalation of compensation was justified, and the First Appeals are dismissed.
Summary
The Executive Engineer (Acquiring Body) appealed against the award of the Reference Court under Section 18 of the Land Acquisition Act, which had enhanced compensation for land acquired in Osmanabad based on a sale deed from a neighboring village. The Special Land Acquisition Officer had originally fixed compensation at Rs.260 per R for dry land and Rs.310 per R for irrigated land, but the Reference Court raised it to Rs.1,925 and Rs.3,850 respectively. The Acquiring Body argued that the sale deed was not from the same village and therefore could not be relied upon, while the claimants contended that the Reference Court correctly applied precedent and that a higher award was still warranted. The High Court examined the record, noted that the Reference Court had justified its reliance on the neighboring‑village sale by citing earlier judgments, and found no infirmity in the Reference Court’s findings. Consequently, the Court dismissed all the First Appeals, allowing the claimants to withdraw any deposited amounts with accrued interest as per the State of Maharashtra v. Kailash Shiva Rangari decision.
Issues considered
- Whether the Reference Court was justified in relying on a sale deed from an adjacent village to enhance compensation under the Land Acquisition Act.
- Whether the compensation awarded by the Reference Court is liable to be set aside on the ground of improper valuation.
Legislation cited
- Land Acquisition Act — s. 18
Subjects
- Land acquisition
- Compensation escalation
- Section 18
- Reference Court
- Valuation of land
- Interest on deposit
- Withdrawal of security
Judgment
2026:BHC-AUG:42153
1
903-fa-2880-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 2880 OF 2018
The Executive Engineer, Minor Irrigation Division, Osmanabad
Thr Gmidc, Aurangabad
VERSUS
Raosaheb Govind Patil And Anr
...
Mr. V. P. Kadam, Advocate for Appellant
Mr. S. P. Sonpawale, AGP for Respondent-State
Mr. R. V. Naiknaware, Advocate for Respondent no.1
WITH
FIRST APPEAL NO. 2884 OF 2018
WITH
FIRST APPEAL NO. 2885 OF 2018
WITH
FIRST APPEAL NO. 2883 OF 2018
WITH
FIRST APPEAL NO. 2881 OF 2018
WITH
FIRST APPEAL NO. 2882 OF 2018
WITH
FIRST APPEAL NO. 2886 OF 2018
WITH
FIRST APPEAL NO. 2887 OF 2018
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 10TH SEPTEMBER, 2026
P.C. :-
. Feeling aggrieved by the common judgment and award
dated 01.10.2013 passed by learned Civil Judge Senior
Division, Osmanabad passed in following Land Acquisition
References, the Acquiring Body is before this Court vide the
present First Appeals.
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903-fa-2880-2018
Sr. First Appeal L.A.R. No. Judgment date Court
No. No.
1 2880 of 2018 445 of 2010
2 2881 of 2018 453 of 2010
3 2882 of 2018 457 of 2010 Civil Judge
4 2883 of 2018 455 of 2010 01.10.2013 Senior
Division,
5 2884 of 2018 459 of 2010 Osmanabad
6 2885 of 2018 454 of 2010
7 2886 of 2018 458 of 2010
8 2887 of 2018 446 of 2010
2. Considering the short issue of controversy before me, I
have heard the First Appeals for final disposal at admission
stage. In this group of First Appeals, in some matters the
Special Land Acquisition Officer has granted compensation
holding valuation of the land @ Rs.260/- per R for dry land
and Rs.310/- per R for irrigated land.
3. Feeling aggrieved thereby, the claimants have
approached the Reference Court under Section 18 of the Land
Acquisition Act. The claimants relied upon sale instance which
was executed on 04.05.1995 and was identified as Exhibit-19.
The Reference Court placed reliance on the said sale instance
and enhanced the compensation to Rs.1925/- per R for dry
land and Rs.3850/- per R for irrigated land.
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903-fa-2880-2018
4. In the appeal, Mr. V. P. Kadam, learned Advocate
appearing for the Acquiring Body would strenuously object the
logic applied by learned Judge of Reference Court while
escalating the compensation. He submits that apparently the
said sale instance was from the neighboring village. He would
submit that no sale instance from the same village from which
the land was acquired was produced by the claimants. He
would submit that in view of this, the Reference Court was not
at all justified in placing reliance on Exhibit-19.
5. On the contrary, Mr. R. V. Naiknaware, learned
Advocate representing the claimants would submit that the
Reference Court has not at all committed any error while
escalating the award. He submits that in fact the Reference
Court has failed to grant even higher compensation for which
the claimants do deserve. Without prejudice to his right to
seek enhancement, he would submit that the ground on which
the appeals are filed is not well founded. He would submit
that the Reference Court has rightly relied on the judgment
and orders passed by this Court in cases reported at 2003 (3)
All MR 342 and 2009 (4) Mh.LJ. 707. Thus, Mr. Naiknavare,
would pray to dismiss the appeals.
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903-fa-2880-2018
6. I have heard both the learned Advocates extensively.
With their able assistance, I have also perused the record.
True that the sale instance at Exhibit-19 was from adjacent
village. The Reference Court has justified its reliance on
Exhibit-19 by referring the judgments and orders passed by
this Court, wherein considering the peculiar facts of the cases,
the sale instance from the neighboring village was adopted for
escalating the award.
7. Upon query to Mr. V. P. Kadam, learned Advocate for
the Acquiring Body, he fairly submits that the Acquiring Body
has not adduced any evidence before the Reference Court to
show that the claimants did not deserve any escalation or the
escalation could not be granted in terms of Exhibit-19. In view
of this, I find that there is no infirmity in the findings rendered
by the Reference Court while granting escalation in the award.
No case is made out to disturb the findings rendered by the
Reference Court. In view of this, I pass following order:
ORDER
a. First Appeals stand dismissed.
b. Any amount if deposited by the Acquiring
Body is permitted to be withdrawn by the
claimants.
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903-fa-2880-2018
c. Any security if already given, stands
discharged.
d. Needless to mention, the withdrawal shall
be together with accrued interest.
e. Record and Proceedings be sent back.
f. Suffice to note, the interest part would be
governed by the judgment rendered by the Full
Bench of this Court in the matter of State of
Maharashtra Vs. Kailash Shiva Rangari, reported at
2016 (3) Mh.L.J. 457. In view of this, if any
excess amount is found deposited by the Acquiring
Body, the same be refunded.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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